...Development and Description The Age Discrimination in Employment Act (ADEA) was created in 1967, signed into law by President Lyndon B. Johnson, and forbids employment discrimination against anyone of at least 40 years of age, both employees and job applicants. “Under the [Age Discrimination in Employment Act], it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training” (Facts About Age Discrimination, 2008). In general, the ADEA applies to employers with at least 20 employees either under state government, local government, employment agencies, labor organizations,...
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...Task 1 Zachary Christenson Western Governors University 000447824 Family and Medical Leave Act Situation The Family and Medical Leave Act of 1993 (FMLA) was created to help assist employees deal with the difficulties of home, while creating an atmosphere of job security. The FMLA also helps cover employers from wrongful use of the FMLA by the employees. Although the document is extensive, there are three major provisions of the FMLA that apply to the given situation. The FMLA entitles covered employees to unpaid work leave, provides job and benefit restoration, and allows employers to require notice and certification for leave ("Family and medical leave act," 2007). A covered employee of a covered company is entitled to up to twelve work weeks of leave during a twelve month period. The list of reasons an employee may take FMLA leave includes, but is not limited to, the birth of a child, to care for an immediate family member who suffers due to health conditions, and an employee who suffers from health conditions that do not allow employee to perform their job ("Family and medical leave act," 2007). An employee who returns from FMLA leave has the right to his/her job back, or equivalent position. The employee is also entitled to the same rate of pay, benefits, and any other terms that may have been negotiated with employee ("Fact sheet #28: The family and medical leave act," 2012). A covered employer also has protection with the FMLA. Covered employers have the right to...
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...Legal Issues for Business Organizations Task 1 Situation A-FMLA-Family and medical leave act of 1993 Situation B-ADEA-Age Discrimination in Employment Act of 1967 Situation C-ADA-Americans with disabilities ACT of 1990 Situation A-FMLA-Family and medical leave act of 1993 The Family and Medical Leave Act of 1993 (FMLA) is a United States government law that requires secured businesses to give qualified employees job protection and unpaid leave for a predetermined amount of time for qualified medical and family reasons. job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Qualified restorative and family reasons includes: individual or family sickness, family, military leave, pregnancy, appropriation, or the child care situation of a youngster. This law allows eligible employees to take up to 12 work weeks of unpaid leave during any 12-month period to attend to the serious health condition of the employee, parent, spouse or child. The law also enables the employee to take part of the unpaid leave during the 12-month period for pregnancy or care of a newborn child. In the event of an of newly adopted or foster child, employees are granted a 12-week period of unpaid leave. In order to be eligible for FMLA leave, an employee must have been at the business at least 12 months, and worked at least 1,250 hours over the past 12 months...
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...Sep 05, 2015 1. The provisions of the Family and Medical Leave Act of 1993 Situation A According to The Family and Medical Leave Act of 1993, eligible employee is allowed to take a leave which is unpaid due to the birth of his or her child, adoption, or caring for a family member with diagnosed serious health conditions or/and with serious injury, including but not limited to a child, spouse, parent or military personnel. In special circumstances, based on mutual agreement between employee and employer, approved employee might be eligible to receive a substitute paid leave. The Family and Medical Leave Act of 1993 states that the leave can be up to 12 work weeks in any 12 months. Further noted, the employee has the full right to return to his or her previous employment with same position and pay rate. During the leave, the employee shall continue to receive medical benefits from employer. In the event of family and medical leave, the employee has to submit a request for leave (up to 12 weeks in any 12 months) in advance to the employer. At Company X, Employee A requested a family and medical leave due to birth of his premature twins and caring for his spouse. The employee was unpaid for 11 weeks. Employee A is approved to return to previous job, at the previous rate of pay. However, Employee A is requesting to be paid for his withheld salary (11 work weeks). The Family and Medical Leave Act of 1993 applies to Employee A’s situation which allows for Employee...
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...Family and Medical Leave Act of 1993 (FMLA). • • • • Employee A has been employed for over 1 year Employee A was on extended leave due to the birth of a child Company X has more than 50 employees New Manager agrees to return Employee A to previous job and pay, denying pay for time off The FMLA states that an employee can be on extended leave up to 12 weeks without pay as long as certain provisions are met. In reviewing the facts of this situation, there are additional questions that must be answered in order to definitely determine if a violation of FMLA exists. As the previous manager has left the company, records will need to be reviewed to insure that the employee was given the proper notice concerning his rights under FMLA as required by law. Are the rules for FMLA posted in the office where Employee A worked? Did the former manager properly notify Employee A that the leave was going to be designated as FMLA leave within the required five business days? If these provisions were met and can be documented, then the leave can be classified as FMLA leave and no violation exists. Situation B Facts of Situation B as it pertains to the Age Discrimination in Employment Act of 1967 (ADEA). • Employee B is over 40 years of age. • • • Employee B has been with the company for 42 years. Employee B received an “above average” rating on their last performance review A younger employee, who received an “adequate” rating, was given the promotion. According to the ADEA, employers may not discriminate...
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...Labor and Employment Law Western Governors University LIT1 310.1.5-02,11,13 February 6, 2012 Course Mentor: Quinn Hanamaikai Task A: Evaluation of the Family and Medical Leave Act of 1993 as applied to situation A. A1? Has a violation occurred in situation A? To qualify for The Family and Medical Leave Act (FMLA), an employee or family member must suffer from an illness which is a chronic condition, a long term condition, hospitalization, a condition that requires ongoing treatment or have a pregnancy, parental complications or the adoption of a child. There are also many restrictions to qualify for FMLA. The employee in situation A has worked for the company for two years which meets the 12 month/1,250 hours worked in previous year requirement. As the employee’s spouse recently gave birth to twins, he is eligible for FMLA leave of 12 weeks under the Parental leave requirements. Both women and men can take parental leave under FMLA leave after the birth of a child. Any time within the first year after the child is born FMLA leave can be taken. Smaller companies are not required to give FMLA leave to their employees as it would be an undue strain. As Employee A had his FMLA leave request approved the company complied with FMLA as it has more than 50 employees within 75 miles of the workplace. Employee A has asked to return to work after 11 weeks of being on leave, and, and he is requesting to be compensated with pay for the 11 weeks that was withheld during his...
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...Steve Wood LIT1 - Legal Issues for Business Organizations Task 1 Scenario A The purpose of the Family and Medical Leave Act of 1993 is to offer a balance between the stresses of both work and life. There are three main provisions of the act that are critical to the overall takeaway of what this law means to this situation. First, “Eligible employees can take unpaid, job-protected leave (they can return to their position). When they return from leave, FMLA guidelines require that companies return employees to their former position, assuming they are able to perform the essential functions of that position. If the employee is no longer able to perform his or her previous job, an alternative position with the same benefits, salary, and work hours must be provided to the disabled employee.” (FMLA Online) Second, Their insurance coverage stays as if they had not taken leave, COBRA does not take effect. And, “the leave can be tailored to fit the needs of the individual.” (FMLA Online) The law allows for the employee to take unpaid time to be able to care for his family without the need to stress that there will not be a job waiting with the same pay. The other part about this that is awesome is the fact that the employee’s insurance coverage stays intact without the need to involve COBRA. This law can also be tailored to the needs of the individual. If they need to have a continuous full 12 weeks, they can; if they need the leave to be split in different blocks of time, they can; lastly...
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...special heed to applicable federal employment laws that may or may not have been violated. Situation A: Briefly, the company did not violate federal employment law regarding the Family and Medical Leave Act of 1993. Mr. John Goodworker requested and was properly granted leave to care for his wife who had just given birth prematurely to twins. Mr. Goodworker had been with the company for more than one year and so was eligible for FMLA (Family and Medical Leave Act) coverage. He experienced two qualifying events: the birth of a child and the care for a spouse who has a serious health condition (premature delivery). Mr. Goodworker returned to work after 11 weeks and was granted his FMLA-protected former job at his former pay rate. Mr. Goodworker requested but was denied back pay for his absence as he had not accumulated sick leave or vacation leave to cover those 11 weeks. Following is an excerpt of FMLA regulations, posted in break rooms per FMLA section 109 (29 U.S.C. § 2619) requiring FMLA covered employers to post the text of this notice. These regulations clearly state that up to 12 weeks of covered leave is unpaid and that justifies our refusal to pay for his 11 weeks of missed work: The employee rights and responsibilities under the Family and Medical Leave Act of 1993 and published by the U.S. Department of Labor Wage and Hour Division, WHD Publication 1420, Revised February 2013 and posted in the employee break rooms clearly state that companies like ours must...
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...however, was reluctant to hire him because of his age and physical condition. Mr. Jones placed the following comment on Smith’s application: “Is qualified, but appears to be out of the physical shape.” During the interview Mr. Jones explained he was looking for young men to fill the position and Smith’s age (forty-five) was a cause for concern. Jones also stated that if he got a haircut and improved his physical appearance, there might be a position at the customer service counter. According to Jones, the position paid slightly less but would be more reasonable for a man of Smith’s condition and age. Several days later, Mr. Jones received a notice from the local equal employment opportunity commission stating Mr. Smith had filed age-discrimination charges against him. The question is; what is discrimination and is Mr. Jones discriminating? To decide if this is discrimination we must first know the definition. Webster’s defines discrimination as the act, practice, or an instance of discriminating categorically rather than individually and, prejudiced or prejudicial outlook, action, or treatment. Clearly according to Webster’s one might say Mr. Jones is discriminating against Mr. Smith because of his age; however, he did offer Smith a different job. In the legal world, and in this case, these things are not always black and white nor does Webster’s definition always fit. The Age Discrimination in Employment Act of 1967 states, “It shall be unlawful for an employer- to...
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...of the employment laws follow Federal Law. For instance, Federal minimum wage is $7.25/hour, which is the wage that Texas has chosen to adopt. Assuming the Stonefield will be paying his drivers an hourly wage, one law he must be aware of is the Texas Minimum Wage Act. This law states that all non-exempt employees are entitled to at least $7.25/hour and are not prohibited from bargaining for a higher wage. It is possible that was specified restrictions, an employer may be able to apply tips to the hourly minimum wage. However, written verification of any employees pay must be documented (likely in the form of a paystub) to provide proof of correct wages in accordance with the Texas Minimum Wage Act. In the event that Landslide Limousines is incompliant with this law, employees will have up to two years to file legal charges against the employer or report the employer to the Texas Workforce Commission which will lead to the employer paying liquidated damages and fees (Texas Minimum Wage Law, 2011). I also suggest that the owner of Landslide Limousines become familiar with the EEOC website (U.S. Equal Employment Opportunity Commission) as it is filled with a multitude of employment laws. Title VII of the Civil Rights Act of 1964 is an example of such. Title VII states that it is illegal to discriminate against any individual based on race, color,...
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...out of Austin, Texas. He has set a goal to have 25 employees within the first year of his business operations. So to help ensure the success of this business venture an Employment Law Compliance Plan is being developed. This memo will not only examine employment laws it will also deal with the penalties that can be enforced for noncompliance of these employment laws. This memo will address several employment laws several of these are laws will be specific to Texas and there will be some National Employment Laws. They are as follows: The Immigration Reform and Control Act of 1986, The Age Discrimination in Employment Act of 1967, The Texas Minimum Wage Law, The Texas Labor Code Anti-Discrimination Provisions, Occupational Safety and Health Act. The Immigration Reform and Control Act of 1986 The 1986 Immigration Reform and Control Act (IRCA) was the first attempt through legislation to attack the issue of unauthorized immigration. There are approximately 178 million civilian workers in the United States labor force. This figure, however, excludes an invisible labor pool—the undocumented worker (Robinson, Gilbertson 1987). According to the New America Foundation, Texas has the third highest percentage of undocumented workers in its workforce that stands at 9.0%. Initially through various loopholes in the laws employers were not held...
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...evolves, many members among the United States workforce must continue to work past the age of 65. The increase in the number of late retirees has also increased the number of age discrimination complaints in the workplace. This report will analyze age discrimination in organizations and how it affects older workers in the United States workforce. This report will also analyze the federal laws and regulations that are enforced to protect older workers from illegal acts of age discrimination. In addition, this report will also disclose suggestions on how employers can reduce age discrimination in their company. Age Discrimination The Age Discrimination Employment Act of 1967 (ADEA) bans potential applicants, recruits, and employees from being treated “less favorably” because of their age (EEOC, 2011). The ADEA protects employees and job applicants that are over the age of 40, from discrimination during the entire employment process. For instance, an employee can file an age discrimination complaint with the EEOC if he or she believes they were not given a job opportunity based on age. However, the ADEA does not protect employees in industries that have a mandatory retirement age, such as air plane pilots, air traffic controllers, and police officers because of the safety requirement and skill level needed for these jobs (Wagner, 2011). In addition to the hiring process, age discrimination practices in the workplace include the following; promotions, wages and salaries, employee...
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...Labor and Employment Laws * As Director of the company I have studies the laws and provisions of the Family and Medical Leave Act of 1993, The Age Discrimination in Employment Act of 1967, and The Americans with Disabilities Act of 1990. I have further my research with these three laws to better understand the law and the company position in insuring correct and proper treatment of it. * These laws was create to protect employee’s rights and company values. Improper treatment of the law comes with damages to the company and trust of the employee. Each situation have been carefully analyzed by me and I’ve list my findings below with a little information about the law that pertains to the given scenario. * Family and Medical Leave Act of 1993 This Act was founded in 1993 and serves to give employees peace of mind to take leave of absent in particular family emergencies up to 12 weeks of unpaid leave during a 12 month period by law and be offer their same job on return or something equal to it, with the same pay and hours as they had before. One of these particular circumstances are the birth and care of a newborn. The spouse in this instance can take leave to care for his child. The employee meets the time with company, the law states he must be employed with the company at least 12 months and his record shows two years with the company. The law clearly states this provision does not apply to companies with less than 50 employees, and our company size is 75...
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...Section A In situation A, Employee A had worked for company X for two years, which made him eligible for the Family and Medical Leave. However, there was no violation of the Family and Medical Leave law because employer X obliged to the requirements of the FMLA to reinstate the employee back to the previous job and at the previous rate of pay, after his leave. This Act allows employees to take unpaid leave, which was the case with employee A and thus, he did not deserve to be paid the salary for the 11 weeks he was on leave. The Family and Medical Leave Act (1993), permits entitled employees to take unpaid leave of up to twelve full weeks every year after a child is born or due to a serious sickness of the employee or a close family member. The law intended to extend employment protection to workers for specified medical and family reasons, and benefit employers by alleviating their employee’s family life, thus causing the employees to become more productive, and less abstracted at work. To be eligible, workers need to work for a covered employer for twelve months, and applies to employers who have 50 or more employees. The law requires that after an employee comes back from FMLA leave, he or she should be reinstated to the same job he held before the leave. The law does not, however, entitle an employee to continue accruing seniority or other benefits when on unpaid FMLA leave, though, the employee deserves to be returned to employment at a similar level and with equal benefits...
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...The Family and Medical Leave Act of 1993 or FMLA, entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons. Employees may take up to 12 work weeks of leave in a 12 month period. Employees are entitled to take leave for a number of reasons; to care for a spouse, son daughter or parent who has a serious health condition; for a serious health condition that makes the employee unable to perform the essential functions of his or her job; and for any qualifying exigency arising out of the fact that a spouse, son daughter or military member on covered active duty or call to covered active duty status. (“Family and medical leave act - wage and hour division (WHD) - U.S. Department of labor,” 2002) Situation A deals with Employee A who has been with Company X for a period of 2 years. We can assume that since Employee A was employed for the stated amount of time, that he qualifies for the FMLA act of 1993. In order to qualify for the FMLA act of 1993, employee A needs to have been employed with Company X for a period of at least 12 months and have worked at least 1250 hours during the 12 months prior to the start of FMLA leave. (“U.S. Department of Labor- wage and hour division (WHD) – 2012”) Since it states that Employee A has worked for Company X for 2 years and he has received FMLA leave for a period of 11 weeks, we can deduce that he does meet the qualifications of FMLA leave. Employee A has asked to return to...
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