Employment Law Compliance Essay

In an era of organizational flux due to competition and globalization, companies and employees are faced with constant change. Leaders must be able to adapt to change as the environment shifts. HR has been known as the organizational change agent, administrative expert, and employee advocate. More recently they have been regarded as business strategic partners for many organizations. In order to be successful and remain competitive in today’s market, Human Resources (HR) must be considered a strategic partner if an organization wants to flourish. Top executives today commit significant resources to ensure that their company’s functions are capable of rapid change and achieving their

Title VII Rights Act of 1964 forbids employers with 15 or more employees to discriminate on the basis of race, color, sex, religion or national origin (EEOC, 1997). This law applies to federal, state and local employers. The above conditions may not be used to refuse to hire or for terminating an individual or in other words discriminate against any individual (EEOC, 1997). In order to release an employee in any of the above categories the employer must have documentation based on quantity or quality of production and the employer can also make this decision based on results of a professionally developed ability test, which cannot be used to discriminate (EEOC, 1997). If an employee feels they have been let go for an unjust reason they can file a formal

The first place an employer would want to start in order to understand which laws affect them as an employer is compliance assistance information and resources. Under the website subheading, Help Navigating Department of Labor Laws and Regulation it gives a general definition of compliance assistance. It states, that compliance assistance is an important part of the Department’s effort to protect the wages, health benefits, retirement security, employment rights, safety, and health of American’s workforce

Employment law encompasses remedies that address employee grievances and discrimination that occur in the workplace environment. The foundation of this system is the United States Constitution, which provides two sources of laws and regulations. These two sources are individual state constitutions and the national constitution. Under this system of federalism, there is also the Bill of Rights, which provides the origins of the majority of employment law. The most widely known document is Title VII of the Civil Rights Act of 1964 (42 U.S.C. Sec. 2000e et.seq.) The judicial, executive, and legislative branches of the government of the United States create and enforce rules and regulations as promulgated by the constitution. Individuals

The Age Discrimination in Employment Act (ADEA) passed in 1967. It was intended to protect the older half of the workforce from age discrimination in the workplace. Several of the major provisions of the ADEA include: protecting what a worker has earned in his/her tenure, allowing workers to oppose practices that are considered unlawful by the ADEA without consequence, and prevent employers and employment agencies from discriminating

Ai: Imagine you are a newly appointed supervisor/manager within your service. You need to update your staff handbook to reflect current employment law. Identify three different sources of information you could use to enable you to do this.

The policies and procedures that are needed to comply with federal employment laws are to comply with an equal opportunity employment meaning do not discriminate against a person because of their race, color, religion, sex, or national origin. Another one would be wages and hours worked. This means employers need to follow the age and time limits, need to pay for all hours worked and if an employee works overtime, they need to be paid 1.5% of normal pay. The employer also needs to obey by the garnishment laws for employees. Safety and Health Standards is another the employer needs to provide a safe and healthy environment for their employees. This one is important one the Health Benefits, Retirement Standards, and Workers' Compensation. (Employment Law Guide: 2009) Some more would be Work Authorization for non-U.S. citizens, Working Conditions, and Other Workplace Standards. Some others are that health care practitioners are required to comply with HIPAA, medical practice acts, and boards of regulation, reporting deaths, births, and communicable diseases. (Flight, 2004) Health care professionals are also required to report abuse of any person.

The consequences for not complying with the Uniformed Services Employment and Reemployment Rights Act will be dealt with the Department of Labor (USERRA, 2016). If found guilty, the company would compensate the victim with court fees and compensate for any loss wages and benefits. Once again, the company would also loss income and revenue and the trust of their employee for unfair treatment.

An issue that many undocumented immigrants face in the U.S. is unemployment and economical disparities. It is important to focus on the challenges Latino immigrants encounter in the workforce. Immigrants do not account for the majority of Latino workers in the United States. Since the recession the economy has not restored all the jobs that were lost. Jobs being added are hardly keeping ahead the other supply of workers. Most of the jobs recovered are being occupied by U.S. born workers. According to the article Latino Jobs Growth Driven By U.S. Born, Rakesh Kochhar states “ U.S.-born Hispanics gained 2.3 million jobs in the recovery, compared with a loss of 37,000 jobs in the recession. For Hispanic immigrants, the 453,000 jobs gained in

According to the Legal Arizona Workers Act, which is also sometimes referred to as the “Employer Sanctions Laws,” came into effect on 1st January, 2008 (Legal Arizona Workers Act, n.d.). This act basically forbids and disallows the businesses from knowingly or deliberately engaging the illegal alien or the unauthorized alien after December 31st, 2007. Under this statue an unauthorized alien can be defined as the alien who do not have the legal rights and privileges or the authorization under the federal law to work under the United States (Legal Arizona Workers Act, n.d.). The case explains to be excused from the NLRB authority as an opinionated and political divisions and subdivision of the state, the employer must moreover, be produced unswervingly by the state in order to constitute and comprise a department or an organizational

1.4 Identify sources and types of information and advice available in relation to employment responsibilities and rights

The aim of this early conciliation is to encourage as many cases as possible to settle ‘compromising’ the claim through a settlement agreement (previously called a ‘compromise agreement’) an agreement achieved through Acas conciliation (a ‘COT3’). Appendix 3 is an early conciliation Flow Chart (ACAS)

"Employment tribunals were established under the Industrial Training Act 1964. They were previously referred to as Industrial Tribunals, but their name was changed by s1 of the Employment Rights (Dispute Resolution) Act 1998, which took effect on 1 August 1998"(J.Nairns,2011,p.6). Now, HM Courts & Tribunals Service which is an executive agency of the Ministry of Justice, supervise employment tribunals. Employment tribunals are constituted on the basis of region. In England and Wales, there are 11 regional offices of the Employment Tribunals(ROETs). There is Regional Office in each region

The general principal behind this act is to ensure employees welfare and quality of life is safeguarded. Employees should therefore welcome and support any effort by the organization to adhere to its recommendation. Furthermore, adhering to this law ensures compensation discrimination is avoided. This is especially true considering FLSA was amended by the Equal Pay Act (EPA) in 1963. As a result, employers are restricted from paying unequal salary based on ones gender. Employees should be compensated equally provided they perform similar jobs, encompassing similar responsibilities and under same conditions (Ross, 2011).

Employment or labor laws have been developed to facilitate smooth relationship between employers and employees. Employment laws provide rules and regulations that should govern both the employer and the employees in their places of work. Employment laws discuss issues related to child labor, wages and salaries, retirement, working conditions, compensations, incentives and employment benefits among others. The major objective is to ensure the employer does not exploit the employee and on the other hand, the employee honors the terms and conditions of the job as presented by the employer.