...when the job was over you were not compensated? There are many New Orleanians who have experienced this. This is called wage theft. Wage theft is a crime that seems to be recurring, and it occurs when you are not paid properly for doing a job: it can be from not being paid for working late, not being paid at all, or not being paid the minimum amount per hour you are supposed to be paid. The widespread problems of wage theft in New Orleans should be minimized by amending the Fair Labor Standards Act of 1938 (FLSA). Wage theft has been inconspicuous, but it came to light post-Katrina, and has become a tremendous problem. Countless...
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...Fair Labor Standard Act Jamesca Caton Saint Leo University Professor Richard Primo October 11, 2015 Abstract In this paper I will discuss the background and history of the Fair Labor Standards Act and discuss the record keeping of employees that are exempt and non-exempt under Fair Labor Standard Act. Also, I will discuss the compensation and overtime pay of employees under the Fair Labor Standard Act and the enforcement of and regulations of the Fair Labor Standards Act. Moreover, I will discuss some current issues with the Fair Labor Standards Act such as child labor laws as well. BACKGROUND AND HISTORY In 1938, the Fair Labor Standards Act was passed to help put protections in place for workers across America. The act was passed after the Great Depression, at a time when many employers took advantage of the horrible working conditions and impossible hours. This act was passed to regulate minimum wage, overtime pay, equal pay, record keeping and child labor standards in the United States and to guarantee a workers right to be paid fairly under the Fair Labor Standards Act. The Fair Labor Standards Act help establish the federal minimum wage for all employees and sets requirements for overtime for employees as well. The FLSA also defines the forty hour work week for employees and places restrictions on child labor. The Fair Labor Standards Act has been amended several times to expand the law to require employees both male and female to receive equal pay for...
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...562- Compensation: Strategic Perspective [ November 4, 2012 ] Dr. Richardson Abstract A majority of jobs are overseen by the Fair Labor Standards Act (FLSA), while some are not a part of the FLSA coverage by statute of the job. Others jobs are mandated by the FLSA but are considered to be exempt from the FLSA overtime rules (www.flsa.com/coverage.html). The FLSA of 1938 was put into place to addresses issues that had intensified during the depression when the United States was transitioning from one of agriculture to industrial enterprises. Exempt and non-exempt take into consideration the status of an employee in regards to their overtime pay under FLSA and if the employees position does not come under a particular category i.e. administrative, professional, and executive, then that job is considered to be covered by overtime and minimum wage provisions (Martocchio, 2011). Major Employee Groups (exempt and non-exempt) that Make up an Organization Employee groups come under two general headings, those of exempt and non-exempt. Both take into consideration the status of an employee in regards to their overtime pay under FLSA and if the employees job doesn't fall into a certain category i.e. administrative, professional, and executive, then they are generally covered by overtime and minimum wage provisions (Martocchio, 2011). The FLSA was written in order to protect workers such as those in textiles, from being required to work long hours without being compensated with...
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...Limousines Employment Law Compliance Plan as the company grows, determined by the number of employees and the amount of business. Based on the information you have provided, I have including the following employment laws for Landslide Limousines Employment Law Compliance Plan that are applicable for the number of projected employees: Texas Minimum Wage Act, The Equal Pay Act, Title VII of the Civil Rights Act of 1964 (Title 7) and The Age Discrimination in Employment Act of 1967 (ADEA). I will provide a description of each of the aforementioned laws and the associated penalty for violating that law. Texas Minimum Wage Act ties the Texas minimum wage for non-exempt employees to the Federal minimum wage and automatically increases with the Federal minimum wage.(Dolghih, n.d.) The Texas Minimum Wage Act covers the employees of small businesses that are not covered by the Fair Labor Standards Act (FLSA). The FLSA will be applicable once Landslide Limousines has more than $500,000 in business. Should Landslide Limousines decide to transport passengers across state lines, the FLSA would be immediately applicable. The Texas Minimum Wage Act also requires employers to provide employees with a written statement of earnings for each pay period showing hour many hours were worked and the pay per hour...
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...(OSHA), Employee Retirement Income Security Act (ERISA), and Fair Labor Standards Act (FLSA). Employee Privacy Federal Law – General Privacy Laws * Driver’s Privacy Protection Act of 1994 – 18 U.S. Code 2721. This law limits disclosures of personal information maintained by the Department of Motor Vehicles. * Electronic Communications Privacy Act of 1986 – 18 U.S. Code sections 2510-2522, 2701-2711, 3121, 1367. This law amends the federal wiretap law to cover different types of electronic communications i.e. e-mail, radio-paging devices, cell phones, private communications carriers, and computer transmissions and extends ban on interception to the communications of wire or electronic communication services and restricts access to stored wired and electronic communication/transaction records. * Family Education Rights and Privacy Act of 1974 (FERPA) – 20 U.S. Code section 1232g. This law restricts the disclosure of educational records. * Fair Credit Reporting Act (FCRA) – 15 U.S. Code sections 1681-1681u. This law promotes accuracy, fairness, and privacy of information gathered by credit bureaus and sold to creditors, employers, and other businesses. * Fair Debt Collection Practices Act – 15 U.S. Code sections 1692-1692p. This is to eliminate abusive debt collection practices by debt collectors and promotes consistent State action to protect consumers against debt collection abuses. * Federal Privacy Act of 1974 – 5 U.S. Code section 552a. This...
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... April 14, 2014 Cost Club Scenario 3 Introduction Every employee has fundamental rights in the workplace that include their right to privacy, fair compensation and free from discrimination. Even applicants have rights before they are hired as an employee. Some of those rights include discrimination that is based solely on a person’s race, gender, age, religion, national origin, or during the hiring process (FindLaw, 2014). Employee Privacy * Employees have the right to privacy with regards to their personal possessions * This includes their purses, handbags. Briefcases, lockers. * Employees have limited rights with respect to e-mail messages and internet usage while using Cost Clubs computer system * Employers do not have the right to conduct a credit checks or background checks on an employee or perspective employee without the express written permission of the employee (FindLaw, 2014). Employee Unions Under the National Labor Relations Act (NLRA), employers are forbidden from interfering in an employee’s right to organize, or to join or assist in a labor organization for collective bargaining purposes, or prohibit working together to improve terms and conditions of their place of employment. Union employer’s may not coerce their employees in exercising any of their rights such as (National Labor Relations Board, 2014): * It is illegal for an employer to threaten their employees with the loss of their jobs or benefits if they choose to join...
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...for an oil change. It is the responsibility of a certified mechanic to ensure a car is inspected for any major damages and preventative care maintenance. Just like when an individual goes to the doctor for a particular problem or illness. The nurses and doctors still perform the normal routine by checking an individual’s blood pressure, temperature, pulse count, heart beat, weight and height to confirm the basics are functioning properly and not contributing to the issue for which you are visiting the office and provide preventative care. The same concept can be applied to a routine oil change service and the need to check other basic functionality and mechanics of car to prevent any future major issues. Bureau Labor Statics, U.S. Department of Labor (2010) states the following: During routine service inspections, technicians test and lubricate engines and other major components. Sometimes, technicians repair or replace worn parts before they cause breakdowns or damage to vehicle. Technicians usually follow a checklist to ensure that they examine every critical part. Belts, hoses, plugs, brakes, fuel system and other potentially troublesome items are watched closely. (p. 1) Therefore, Jake was well within his scope of employment and completing his job with thoroughness to perform routine inspections on all cars requesting the free oil change being offered by the dealership. Q2: Explain whether or not Herman is responsible for Jake’s...
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...expand their business to another state, also will provide a brief summary of each law and the consequences of noncompliance with those laws. Employment law in Michigan and Detroit are regulated by state and federal law, one of the major federal law that affects almost every organization in the United States, the Fair Labor Standards Act (FLSA) (Cascio, 2013, p. 456). The Fair Labor Standards Act (FLSA) The FLSA establishes minimum wage, overtime pay, record keeping and child labor standards covering full-time and part-time workers in the private sector and in federal, state and local government. (azleg.gov, 2013, p.3) and also is credited for the establishment of the first minimum wage in 1938 of .25 cents an hour. The FLSA covers both exempt employees (exempt from the overtime provisions of the law) and nonexempt employees (Cascio, 2013, p. 456) and these federal regulations are enforced and administred by The U.S. Department of Labor (DOL). Although both states, Michigan and Arizona, have to remain compliant with the FLSA to avoid fines and other punishments for non-compliant, they have slightly different state law in regards to employment topics covered under the FLSA such minimum wage and overtime, that the HR Directors at Clapton Commercial Construction would have to adjust to with an expansion to Arizona. Minimum Wage Law In 2007 President Bush signed legislations increasing the federal minimum wage, which is currently $7.25, in states where the state minimum wage mandates...
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...objectives and total compensation packages in the various markets, it is important for small companies to know the differences in wages and salaries. Wages are paid to hourly employees based on the number of hours worked in a week while salaries are paid to exempt employees, executives, and those defined by the Fair Labor Standards Act of 1938. Deciding an employee’s level of monetary compensation depends on various factors. The wage should be high enough to attract qualified potential employees; the wage should in competitive with similar jobs performed in similar companies. Other considerations include: * The number of other employees capable of fulfilling the job responsibilities * The demand within the community and/or industry * Cost of living There are laws which have an impact on compensation that small companies should be aware of. The Fair Labor Standards Act (FLSA) has been amended over the years and now includes five major compensation laws which govern minimum wage, overtime pay, equal pay, child labor laws, and recordkeeping. Although not across the board, most of the FLSA regulations impact non-exempt employees. An amendment to FLSA is the Equal Pay Act of 1963, which prohibits employee compensation because of sex on similar jobs within the same company. Traditional compensation involves wage or salary...
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...constituted to ensure fair treatment of employees by employers and to prevent exploitation of employees in the workplace. It is of utmost importance that these laws are completely understood by an organization not only to ensure compliance of these laws but also to create a workplace that is conducive to harness the maximum potential of employees by harboring goodwill, equity and trust between employers and the employees which in turn would lead to higher returns for the shareholders. These laws strive to provide the employees with a fair compensation for the work done, and a safe and non discriminatory workplace. Employee Laws like other laws have evolved over time to respond to the societal and organizational changes. One of the oldest and significant employment laws is the “Fair Labor Standards Act” established in 1938 to set the minimum wage and overtime pay. Another monumental employment law is the Title VII of “The Civil Rights Acts of 1964” that has resulted after a long and passionate strife for equality by Americans. The Title VII of this law deals to tackle employment discrimination on the basis of race, color, national origin, sex, religion, and retaliation. In the year 1967, another law called “The Age Discrimination in Employment Act (ADEA)” was passed to increase the set of discrimination criteria to include age. They have been followed by other very important bills like “Occupational Safety and Health Act of 1970”, “Americans with Disabilities Act of 1990”, and “Family...
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...To: Pat Morinaka From: Human Resource Subject: Semi-Annual Senior Staff Conference Date: January 9, 2012 Hi Pat, this is in response to your e-mail regarding the semi-annual senior staff conference in preparation for the Statutory Regulation of Employment. I have prepared an outline below explaining the five key regulatory areas that include Employee’s Privacy, Employees Unions, Occupational Safety Health Act (OSHA), Employee Retirement Income Security Act (ERISA) and Fair Labor Standards Act (FLSA). The outline will explain the company’s obligation and what the law requires. Employee Privacy Privacy Act of 1974, according to Bennett-Alexander, 2007, there are four basic principles that underlay the Privacy Act: 1. Employees should have access to their own personnel files, and there should be some way for them to find out the purposes for which the files are being used. 2. There should be some mechanism by which an employee may correct or amend an inaccurate record. 3. The employee should be able to prevent information from being inappropriately revealed or used without her or his consent, unless such disclosure is required by law. 4. The person who is in charge of maintaining the information must ensure that the files are not falling into the wrong hands and that the information contained within the files is accurate, reliable, and used for the correct reasons. Telephone Monitoring Allowed to review and monitor all employee client and customers outgoing...
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...like to focus on establishing an employment law compliance plan. Since you’re offices are already headquartered in the United States, many of the same employment laws will apply, but some wont; specifically those having to do with operating a business in Arizona. First let’s focus in on the federal employment law that are most pertinent to the establishment and operation of your new facility. Fair Labor Standards Act of 1938 The "Wages And Hours Worked: Minimum Wage And Overtime Pay" (2009) website indicates that the Fair Labor Standards Act of 1938 (FLSA) is administered by the Wage and Hour Division (WHD) establishes minimum wages, overtime pay, recordkeeping and child labor standards for employees who are paid at least $1,700 in a calendar year or work more than eight hours a week. FLSA requires that employees be paid a minimum of $7.25 an hour. This is slightly lower than Arizona’s minimum wage standard, but I’ll cover that under the Arizona specific employment laws below. It’s important to note that you must post and keep posted the minimum wage provision outlined by FLSA in conspicuous place within your facility. You’ll need to ensure that records are well kept for all nonexempt employees regarding their hours, wages, etc....
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...The Laws and Acts of Human Resources There are many laws and acts in human resources. In the following paragraphs I will define and explain each one. I will also choose two that I believe are most important and explain why I chose them. The Americans with Disabilities Act was signed in to law on July 26, 1990 and it prohibits discrimination and guarantees equal opportunity and access for all persons with disabilities. There are five titles included in this act. The first title requires employers to provide reasonable accommodations for applicants and employees with disabilities and prohibits discrimination on the basis of disability in all parts of employment. The other titles cover areas such as public services, public accommodations and telecommunications. The Family Medical Leave Act is a law that provides employees with up to 12 weeks of unpaid and job-protected leave from their job. There are times when employees must take time off such as for the birth of a newborn, care of a newborn, adoption of a child etc,. Under The Family Medical Leave Act the employer is required to give an employee their exact job or a similar job as they had prior to leave. The pay and benefits are also required to be the same. Age discrimination is when an applicant or employee is treated differently because of their age. The Age Discrimination Act prohibits discrimination against persons over the age of forty and restricts mandatory retirement requirements, except where age is a...
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...a union. A company is being noncompliant if threatening or actual interference with person, his family, or property to force him to join union, strike against his will, or leave job; conspiracy to induce persons to refuse to work with nonmembers; agreements which exclude person from employment because of nonmembership in union. Penalties are that any act/agreement in violation of article is illegal and void; damages; injunctive relief. (Arizona Right to work Laws, n.d.) Fair Labor Standards Act (FLSA) states that it is a violation to fire or in any other manner discriminate against an employee for filing a complaint or for participating in a legal proceeding under FLSA. Penalties 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,...
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...States there are many labor laws that the cooperate world must up hold by, these laws seem complicated but are actually quite simple once you break them down. For instance, the Fair Labor Standards Act (FLSA) of 1938, as amended, provides for minimum standard for that of both wages and overtime entitlements by employees, and spells out the administrative procedures that needs to be taken by which covered all work time must be compensated for. FLSA also includes provisions related to child labor laws, equal pay, and portal-to-portal activities (U.S. Office of Personnel Management, 2009). Most Illinois employers are covered under that of both the Federal Fair Labor Standards Act and that of the Illinois minimum wage laws. This shows that employers must comply with the laws that provide the utmost highest standards for employees. The minimum wages in Illinois is currently $8.25 an hour. In the case of Garcia vs. San Antonio Metropolitan Transit Authority states that in a five to four decision, the Supreme Court ruled that the Commerce Clause empowers the federal government to regulate the terms and conditions of employment of state workers. This reversed in the National League of Cities vs. Usery (1976), in which the courts ruled that imposing that a minimum wage requirement on that of state governments violated the Tenth Amendment, which resulted in a ruling by the states and that of the Supreme Court workers in the State of Illinois to be entitled to fair wages, overtime compensations...
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