Thursday, February 13, 2020

Employment Law Compliance (Principles and Strategies) Essay - 1

Employment Law Compliance (Principles and Strategies) - Essay Example ts Act of 1964 applies to all businesses with fifteen or more employees; while most businesses will fall into this category, there are some small businesses that may employ fewer than fifteen employees (McGraw-Hill, 2013). The same is similar for the Family and Medical Leave Act (FMLA) as it applies to businesses with more than 25 employees (McGraw-Hill, 2013). The size and expanse of a business may also change the laws and regulations that apply to it. A medium size business will not only have to comply with federal laws but also the state and local laws that apply to each area that the business is located in. For example, Arizona enforces a different minimum wage requirement than does Michigan, as do many states. Oftentimes a states’ minimum wage law will depend on the cost of living in that area; it is important for a business to know what these wage requirements are to ensure compliance with employees’ wages. Also, other laws also have state specifics that expand on federal laws. Referring again to Arizona, the Legal Arizona Workers Act (LAWA) is an expansion to the Immigration Reform and Control Act (IRCA) which states that it is illegal to hire or retain an employee that is considered to be an illegal alien within the United States (McGraw-Hill, 2013). LAWA further requires that all employers use the E-verify system, a free web-based system to verify employment, to determine the hiring ability of a candidate (Arizona Senate Research Staff, 2013). These state specific laws would only be applicable to those businesses that reside or partake in business within said state; therefore they would only apply to a small business if they were in a given state, and then to those medium and large businesses that have expanded into those areas with specific mandates. It is important for a business to comply with all laws and regulations that apply to a business to ensure penalties are avoided. Finally, large businesses have the broadest of laws to comply with. Many

Saturday, February 1, 2020

Legal Risk and Opportunity in Employment Essay Example | Topics and Well Written Essays - 1250 words

Legal Risk and Opportunity in Employment - Essay Example (Morris, 2008). If Paul had been fired for being black, he would definitely have a case against Newcorp. However, if he was fired for his voiced opinion at the school board meeting, this would not be protected. While the First Amendment protects freedom of speech, it makes no note that employers have to â€Å"put up with it.† (Morris, 2008). Pat is wrong in his belief that his employee manual’s described process of the corrective action plan means that he cannot be fired without warning. In the case of Toussaint v. Blue Cross & Blue Shield, the employee handbook stated that employees could only be fired after warning, notice, and hearing; Toussaint had been fired without warning. The court ruled in favor of Toussaint, and declared that an employee handbook creates contract. (Samuelson, 2007). However, since then, employers have been very careful in taking steps to protect themselves from this sort of liability. (Morris, 2008). Newcorp having Pat sign the statement of at-will employment was a proper way to prevent liability. And if Pat had looked carefully at his handbook, he probably would have discovered some sort of language within it expressing that it was not to be relied upon as a contract. (Morris, 2008). Paula is correct in believing that it is illegal for her not to be transferred to wire-coating based on her sex. Sex discrimination in the workplace involves the different treatment of an employee based on sex that negatively affects things like pay, employment, and advancement or training opportunities. Title VII of the 1964 Civil Rights Act prohibits sex discrimination in the workplace and applies to â€Å"private employers, state and local government employers, labor organizations, employment agencies, and joint employer-union apprenticeship programs with 15 or more employees.† (Equal Rights Advocates, 2008). Although Paula is young and could