Labour law compliance plan

Labour law compliance plan

Email Communication Responses – No. 1 Employment Law Compliance Plan
labour Law Compliance Plan

In response to your email request regarding employment laws. I will address four federal laws and their consequences. This report will help your company create an employment law compliance plan. The four laws I will discuss are Title VII of the Civil Rights Act of 1964, The Fair Labor Standards Act, Immigration Reform and Control Act, and Family Medical Leave Act.

Title VII of the Civil Rights Act of 1964

(EEOC) states that “the Civil Rights Act of 1964 prohibits discrimination in a broad array of private conduct including public accommodations, governmental services and education. One section of the Act, referred to as Title VII, prohibits employment discrimination based on race, sex, color, religion and national origin. Title VII applies to private employers, labor unions and employment agencies”. The Act prohibits discrimination in recruitment, hiring, wages, assignment, promotions, benefits, discipline, discharge, layoffs and almost every aspect of employment.

Title VII of the Civil Rights Act of 1964 also creates the U.S. Equal Employment Opportunity Commission (EEOC), a five-member, bipartisan commission whose mission is to eliminate unlawful employment discrimination. The law provides that the Commissioners, no more than three of whom may be from the same political party, are appointed to five-year terms by the President and confirmed by the Senate. The Chairman of the agency appoints the General Counsel. EEOC is to open its doors for business on July 2, 1965, one year after Title VII’s enactment into law. (EEOC)

There are many legal consequences associated with violating an antidiscrimination law. Companies can experience financial impacts resulting from settlements and court fees. Businesses may also see a decrease in customer and employee loyalty. Furthermore, other companies may tend to avoid doing business with employers who intentionally discriminate against employees.

The Fair Labor Standards Act

The FLSA establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments. Covered nonexempt workers are entitled to a minimum wage of not less than $7.25 per hour effective July 24, 2009. Overtime pay at a rate not less than one and one-half times the regular rate of pay is required after 40 hours of work in a workweek.

(DOL) states that “when it comes to violating this law, willful violations may be prosecuted criminally and the violator fined up to $10,000”. A second conviction may result in imprisonment. Violators of the child labor provisions are subject to a civil money penalty of up to $10,000 for each employee who was the subject of a violation. Employers who willfully or repeatedly violate the minimum wage or overtime pay requirements are subject to a civil money penalty of up to $1,000 for each violation. The FLSA prohibits the shipment of goods in interstate commerce which were produced in violation of the minimum wage, overtime pay, child labor, or special minimum wage provisions.

Immigration Reform and Control Act

The Immigration Reform and Control Act (IRCA) is a federal law that regulates the employment of foreign workers. It designates which workers it is legal to hire and tells employers how to verify the legality of workers. It also prohibits discrimination against job applicants and employees based on national origin or citizenship. Under IRCA, companies with as few as four employees may not discriminate on the basis of national origin and citizenship (which is different from national origin). This adds criminal penalties to Title VII of the Civil Rights Act of 1964’s prohibition against national origin discrimination. (HR Hero)

The IRCA imposes several basic restrictions on the employment of foreign workers including making it illegal for any employers to knowingly hire or employee foreign workers who aren’t authorized to work in the U.S. and requiring that employers verify – using I-9 forms – that every new employee is authorized to work in the U.S. (HR Hero)

Family Medical Leave Act

According to (Park 2015) “FMLA” refers to the Family and Medical Leave Act, which is a federal law that guarantees certain employees up to 12 workweeks of unpaid leave each year with no threat of job loss. FMLA also requires that employers covered by the law maintain the health benefits for eligible workers just as if they were working. the failure to ascertain the FMLA’s requirements and to act accordingly can lead, in some cases, to the imposition of additional liquidated damages. In one case, a federal court in Michigan explained that such an award is normal where an employer fails to show that its act or omission “was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation” of the FMLA. In that case, the employer’s “cavalier manner” of handling FMLA obligations cost an additional $33,000.

Summary

When considering the important of equal employment practices for organizations, it is easy to see the benefits of EEO laws. First, an organization that can confidently state that they practice equal employment has a greater advantage to attracting qualified and dedicated candidates. Secondly, an organization that is EEO compliant decreases the chances of facing a discrimination or wrongful discharge lawsuit. Finally, an organization that ensures equal employment for all increases the chances that it will have a diverse workforce, which has many positive implications for teams, departments, and overall organizational productivity and creativity.

Reference:

EEOC. Retrieved from https://www.eeoc.gov/eeoc/history/50th/thelaw.cfm

Department of Labor. Enforcement Retrieved from https://www.dol.gov/general/topic/youthlabor/enforcement

Park, Lorene (2015) Five common FMLA mistakes by employees Retrieved from http://www.employmentlawdaily.com/index.php/2015/07/16/five-common-fmla-mistakes-by-employers/

HR Hero Immigration Reform and Control Act (IRCA) Retrieved from http://topics.hrhero.com/immigration-reform-and-control-act-irca/#