FLSA Proposal

There are many different functions and roles of law in the business society. When describing employment law, there is a broad area that governs how employers interact with their employees, former employees and applicants for employment. These laws and regulations are not meant to be described in a short paper. They are detailed laws that require application to an employee’s specific situation and should be discussed at length to ensure the correct interpretation of the regulation. As an office manager that was put in charge of the Human Resources department of my organization, I was thrust into a world of complex laws that took many hours to

The action of raising the federal minimum wage has been cast as a necessary change for the United States, and would result in ensuring that America’s workers are able to receive a reasonable living.Though the controversial issue has turned more complex, with many implications beyond just those who bag groceries, flip burgers, and clean offices. The issue is believed to have various pros and cons, and consequently sparking the ongoing debate on to, or to not change to wage.

Give examples of legislation that impact on. Employee holidays, rest periods, working hours and night working. Explain why these are important for both the employee and employer

While smaller businesses operating on tighter budgets may find it expensive to pay overtime, the bigger companies with few employees on the managerial positions are capable of paying for overtime for the employees whose category will fall below the minimum exempt. Furthermore, all the options available for employers to handle the proposed rule should it come into effect will still benefit the American worker. One remedy is to follow the law and raise the annual salaries of employees who are overtime-exempt which will motivate workers who are already earning a salary close to that minimum (Rossheim, 2016). The second option is to re-classify workers as no-exempt, a move that would see the workers who are earning below the proposed exempt minimum qualify for overtime pay or reduce the workload for employees so that they only work for 40 hours in a week (Rossheim, 2016). The last option would be to hire more workers and avoid paying overtime which is a good move in providing employment for the unemployed. It is evident that the options available for employers would work towards improving employees’ welfare as well as saving the organization from the challenges of low remuneration.

The purpose of the research paper is to critique the second journal article relating to the selected dissertation topic. The article reviewed employment at will public policy that research the legal aspects of the employment at will law and identify reasons to question terminations that are created unjustly. This employment at will law also take into account the shield against possible employer exploitations; for instance, discrimination, anti-union practices, and punishing whistleblowers.

The purpose of this paper is to determine whether or not workers have adequate support and protections in the modern workplace and to figure out if the rules that were created by the government, along with how Human Resource Managers and the Unions work towards protecting employee’s rights. This paper will explain each role for both agencies and it will allow us to see if they both agencies adequately support the purpose and all the rules and regulations that have been created by the Department of Labor. Also in this paper, we are going to be addressing the issues of whether or not that workers in the modern workplace of America are well protected and well supported.

Bennett-Alexander, D. & Hartman, L. (2015), Employment law for business (8th ed.), New York: McGraw-Hill Education

During this week, we began to discuss the first chapter of the employment law textbook. The US employment laws are a mix of federal, state, and local laws that regulates how employers can conduct business in regard to employees. One of the topics discussed was employment at will. While employment at will first appears like an employer can fire or an employee can quit at any time, employment laws cover some instance where an employer could face a lawsuit. These instances include nondiscrimination based on protected classes, freedom to collectively bargain, protection of fundamental rights, and a few other instances. This is why companies are still cautious when hiring and firing employees. They typically document issues and incidents

Since the 19th century, America's employment philosophy has traditionally been what was ref erred to as employment-at-will. It basis is found on two of America's enduring founding structures. For example, the laissez-faire concept of the free market philosophy, and the traditional principle of democracy—of personal liberty as embodied in the constitution. Like two sides of the same coin, the free-market and the constitution, each in its way views the employer/employee relationship to be on equal a footing. By definition, "an employment-at-will is a legal rule…giving employers' unfettered power to 'dismiss their employees for good cause, no

Employment laws have been implemented to protect both employers and employees. Statutes that govern the relationship between the employer and the employee have been around for a long time. The early statutes, especially in England and the U. S., were to control and restrict workers. The earliest statutes on wages were implemented to set maximum wages. Other statutes prohibited strikes and formation of unions by workers. Unlike earlier statutes, today’s statutes on wages set minimum wages. Employers also have to comply with some statutes if they employ someone outside their own family. So we can see some kind of movement from protecting the employers to the interest of the employees.

Employment law has evolved over the years and as it is strongly influenced by European Law it is becoming more and more complex. It can be described as a set of rules enforced by the State through the courts. Its aim is to regulate the activities of organisations by providing to them a framework of rules. In the UK there are 3 main sources of Law;

The very low salary level for the exemptions as currently constructed has at least two serious negative consequences for employees and employers beyond the direct effect of excluding millions of workers from the FLSA’s protections. First, it facilitates misclassification of workers as exempt who should be receiving overtime. Because the overwhelming majority of salaried employees are paid more than the current salary level for the exemptions, some employers may want to avoid the payment of overtime by trying to shoehorn into the exemption relatively low-paid employees who were never intended to be exempt from overtime and who do not meet the duties test. For the same reason, the low salary level encourages employers to manipulate employees’

The ‘objective’ of labour law, in our common understanding of the subject, is grounded in securing ‘justice’ for employees (or workers) in their formal working lives. The assumption that there is an imbalance of power in regards to the relationship between employers and their employee has been established over a significant period of time. With companies acquiring large amounts of funds and expanding themselves on a global scale, those who hold managerial positions are becoming more and more inclined to use their new found ‘power’ in a way which houses the potential to exploit the employees who are seen to have less of an influence (in comparison with large profit maximising enterprises). It is for this reason that regulation of the employment relationship between these two parties ought to be properly regulated, as a means to ensure that companies do not take advantage of their employees, a position which has been emphasised by law scholar Sir Otto Kahn-Freund, who has articulated that “the main object of labour law has always been, and I venture to say will always be, to be a countervailing

1.2 Identify the key elements of employment legislation and the impact it has upon HRM decision making in ABC Company

Comfortable working conditions, paid vacations, maternity leave, protection from employer discrimination, and higher than equilibrium wages for less work than an employee would normally do, and smaller probability of being fired for wrong doing. Along with these aspects discounts for phone, TV service, and many other vouchers for consumer goods also included. These examples and many more are what a typical modern labor union brings to employees who join the club or umm…union. With all these positive aspect marketed by labor unions, one has to think at what cost. After all there is no such thing as a free lunch. This paper analyzes the topic of labor unions focusing on the advantages and disadvantages of them.