...| GOVERNMENT AND LEGAL ISSUES IN COMPENSATION | | | Wendy Kendall | | | Abstract The Fair Labor Standards Act (FLSA) was designed in an effort to bring the United States out of the Great Depression, but has evolved into one of the most important legislative measures to ensure fairness for all employees. This paper highlights government’s role in the compensation as well as the main provisions of the FLSA including minimum wage, overtime, record-keeping, and child labor laws. It also illustrates real and potential costs of non-compliance. Keywords: FLSA, minimum wage, overtime, child labor laws Introduction The main objective of government’s role in compensation is to assure that procedures for determining pay are fair to all. Government intervention in the compensation process includes equal pay for both men and women when performing equal or similar jobs, eliminating exploitation of children, and safety nets for unemployment and the disadvantaged. Beginning with the creation of the Bureau of Labor in 1888, government intervention has addressed many injustices, and continues to update them as new issues arise. The purpose of this paper is to track the evolution of government’s role in the compensation process, expand on some of the more prevalent laws, and highlight class action or individual legal actions against companies that violate these regulations. History Government intervention in the labor market began in 1867 when the House of Representatives...
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...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 and Medical Act of 1993”. It is important that we as HR management students understand these laws properly to implement them appropriately in the workplace. This paper will consist of details of the Fair Labor Standards Act and the Title VII of the Civil Rights Act. Fair Labor Standards Act (1938) – The Fair Labor Standards Act (FLSA) establishes...
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...Assistant Attorney General, Daniel J. Chepaitis, Assistant Solicitor General, of counsel, Eliot Spitzer, Attorney General of the State of New York, on the brief), Office of the Attorney General of the State of New York, New York, NY, for amicus curiae Eliot Spitzer, Attorney General of the State of New York.Catherine K. Ruckelshaus (Laurence E. Norton, II, Amy Sugimori, of counsel), National Employment Law Project, Inc., New York, NY, for amici curiae Asian-American Legal Defense and Education Fund and National Employment Lawyers' Association. This case asks us to decide whether garment manufacturers who hired contractors to stitch and finish pieces of clothing were “joint employers” within the meaning of the Fair Labor Standards Act of 1938 (“FLSA”), 29 U.S.C. § 201 et seq., and New York law. Plaintiffs, garment workers in New York City who were directly employed by the contractors, claim that the manufacturers were their joint employers because they worked predominantly on the manufacturers' garments, they performed a line-job that was integral to the production of the manufacturer's product, and their work was frequently and directly supervised by the manufacturers' agents. The manufacturers respond that the contractors, who, among other things, hired and paid plaintiffs to assemble clothing for numerous manufacturers, were plaintiffs' sole employers. Both plaintiffs and the manufacturers moved for summary...
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...Running head: STATE VS. FEDERAL REGULATIONS PAPER State vs. Federal Regulations Paper XXXXXXXX University of Phoenix XXXXXXX MGT/434 State vs. Federal Regulations Paper Employees are protected by many federal and state laws that regulate what an employer cannot and can do. Therefore, figuring out which employment laws apply to the workforce can present a challenge because they can come from federal and state sources. The laws that are applicable to each workforce sector for employee protections depends on many factors; the number of employees, the type of business it conducts, and if it crosses state boundaries. The purpose of this paper is to examine how federal and state governments differ in their application of employments laws and will discuss an employment protection provided exclusively by a state government. State vs. Federal Wage, hour and employment laws governing employers and employees are set at the state level and the federal level. Often measurable differences between federal laws and state laws exist depending on the state the company is operating in. When this occurs, companies are supposed to comply and govern their policies to follow the laws that offer the best protection to the employee. On the federal level the agency over employment law is The US Department of Labor (DOL) this agency administers federal employment laws. In most states employment laws are administered by the states labor division. With many agencies under...
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...Week 3 Assignment There are many aspects of a business. Every business needs employees who must receive some sort of compensation. Compensation is offered by the employer to the employees for their work and effort that they invest into the company. Compensation isn’t only a salary, it can include commission, overtime pay, a chance to buy stock, and bonuses. Okay, so you get hired that means you will get paid, but how is it determined what you will receive for pay. First and foremost every state has a minimum wage they have to pay. Second how much does the company have for salaries, and most importantly employees level of skills, knowledge, and how much of that they can use in their position. The FLSA (Fair Labor Standards Act) tops the list. The Act dictates five key compensation laws that govern child labor, equal pay, minimum wage, overtime pay, and recordkeeping requirements. These rules are particularly relevant to non-exempt employees. Familiarity with FLSA is essential for all small business owners. (http://www.patriotsoftware.com/small-business/blog/what-is-compensation/) Compensation Philosophy is basically the breakdown of the employees compensation. Why they get paid what they get paid. It is usually put together by the Human resource team, management, several consultants, and some employees. A lot of it is depended on how difficult it is to have a specific position filled. Obviously the economy plays a big part, competitors, and the size of the organization. The...
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...Introduction………………………………………….……….………………………5 II. Current Research……..…………………………………………...………………..6 III. Benefits and Challenges of a Flexible Work Schedule …... ……………...…....7 IV. Benefits of a Flexible Work Schedule……………………………………....….....8 V. Recommendations and Conclusion ………………………………...…….………8 VI. References……..………...…..………………………………………...………….10 EXECUTIVE SUMMARY Haynes Accounting and Tax Services is a mid-size accounting firm that specializes in accounting, bookkeeping, payroll services, business incorporation (S-corp & LLC), and tax preparation services in the Greater Baton Rouge Area. They have worked closely with their clients to understand their precise needs and support them in achieving their business goals. Their team has proficiency in tax preparation and tax planning, internal auditing, budgeting, financial planning in addition to other areas and with many years of experience serving the local community, they have developed a unique of record of truthfulness and expertise. Haynes Accounting and Tax Services employees will benefit from implementing a flexible work schedule in several ways, {a} employees with families may utilize their work flexibility to handle family; {b} employees may find they are more productive during the morning and might choose to adjust their schedule; {c} some employees may attend school to gain professional development; {d} a four-day work week allows longer weekends; and {e} for some part-time employees it would allow them to work...
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...(Fernández-Aráoz, 2009). There are a multitude of regulations and laws in place to safeguard applicants throughout the recruitment process; many of the legal mandates that pertain to recruiting and hiring are on a federal level that all states must comply with but there are also a number of laws on a state level that apply to that state only (Wren, 2006). The federal laws that cover employment and recruitment are as follows: • Wages and hours- the laws regulating this fall under the FLSA (fair labor standards act) and is enforced by the WHD (wage & hour division) of the US DOL (department of labor). This act stipulates the criteria for minimum wage and overtime. Under the FLSA employees, unless they are exempt, must be compensated at least the federal minimum wage for a 40 hour work week anything beyond 40 hour must be compensated an overtime rate of one-and-one-half-times the regular rate of pay (U.S. Department of Labor, 2014). . • Age requirements -. The WHD governs the federal child labor laws. Under the FLSA mandates, 14 is the minimum age for employment and restricts the number of hours an employee under the age of 16 can work. It also prohibits anyone...
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...Week 5 -Six Assessed Questions 1. Facts: An English professor puts a comment on a student’s composition which says, “Can’t you write at all? You are writing at a third grade level and will never be able to graduate from this university!” The student is extremely upset and sues the professor for intentional infliction of emotional distress. Issue: Is the English Professor guilty of intentional inflicting emotional distress on the student? Rule: Emotional Distress is a negative emotional reaction. It could be fear, anger, or anxiety caused by another person. Application: The English Professor did write some very ugly comments on the student's paper, but it would be very hard for the student to prove this caused Emotional Distress in court. Also, Emotional Distress is usually used as a defense, not as a way to sue. Had the student been sexually harassed or something of that nature the student would have a much better case. Also, most states do not even consider Emotional Distress in court. Conclusion: The student would not win. At the most the college may terminated the professor. 2. Facts: Dorothy Yu, an employee of Northwest Pipeline Corporation, was found to have in her possession a confidential personnel document that she was not authorized to possess. She admitted possession and identified Enser, who worked in the records department, as the source of the document. Both Yu and Enser were terminated for violating Northwest's confidentiality policy...
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...14th Amendment: State may not restrict rights of government employees’ unless it is justified. iii. Infringement or restriction is subject to the strict scrutiny of the courts. c. The Privacy Act of 1974: regulates the release of personal information about federal employees by federal agencies. iv. Four Basic Principles: 3. Employees should have access to their own personnel files and an option for them to find out the purpose for which the files are being used. 4. Mechanism set up by which an employee may correct or amend an inaccurate record. 5. Employee should be able to prevent information from being inappropriately revealed or used without her or his consent. 6. Individual in charge must maintain that information will not fall into the wrong hands and the information contained within the files is accurate, reliable, and used for the correct reasons....
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...SECOND DIVISION September 29, 2009 No. 1-08-0902 THE PEOPLE OF THE STATE OF ILLINOIS, ex rel. ILLINOIS DEPARTMENT OF LABOR Plaintiff-Appellee, v. 2000 W. MADISON LIQUOR CORP., an Illinois Corporation, d/b/a MAIN STREET LIQUORS Defendant-Appellant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Appeal from the Circuit Court of Cook County No. 05 M1 176305 Honorable Mary R. Minella, Judge Presiding. JUSTICE KARNEZIS delivered the opinion of the court: Following a bench trial, defendant Main Street Liquors was found to be in violation of the Equal Pay Act (the Act) (820 ILCS 112/1 et seq. (2006)) for paying a female employee, Mary Arrington, less than a male employee for substantially similar work. Main Street Liquors was ordered to pay Arrington $4,061.25 in back wages. Main Street Liquors now appeals and argues that the trial court’s judgment was against the manifest weight of the evidence and that Arrington failed to establish her claims by a reasonable inference. For the foregoing reasons, we affirm. 1-08-0902 BACKGROUND Mary Arrington was employed by Main Street Liquors, a convenience store that sold liquor, groceries, tobacco and lottery tickets, from June 2003 to May 2004, when she quit. Arrington filed a complaint with the Illinois Department of Labor (IDOL) alleging that Main Street Liquors had violated the Act because she was paid less than male employees for substantially similar work. Specifically, Arrington stated that she “wasn’t paid the same amount as the other men were...
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...Employment Law Tammy Cox Columbia Southern University Index Introduction 3 Discussion 3 Health and Safety 3 Unions 4 Discrimination 6 Disability 7 Privacy 7 Job Security 9 Conclusion 9 Employment Law Introduction Employment Law is applied by the department of labor while expressing the USA employment laws and regulations. The purpose of employment law is to protect the rights and mistreatment of any employee working under any organization. The employment law plays an essential part in protecting the employees according to USA employment laws because every country has their own employment laws. Protection is provided to employers by the acts which are defined by the Department of Labor (Greenhouse, 2011). There are even legal rights for the foreigners, in which it is stated that under what conditions they can work in the country. Various acts of law that come under the employment law are: Equal Employment Opportunity Commission (EEOC), Sexual Harassment, The Americans with Disabilities Act and The Fair Labor Standards Act of 1938 (FLSA). In that particular regard, this paper focuses on the health and safety, unions, discrimination, privacy, and job security. Discussion Health and Safety The Safety and Health at Work is always profiled as catalysts factors improving the quality of work and competitiveness. This is now well proven through various indicators of quality of work and competitiveness, whatever their origin, social or technical. However...
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...Atwood and Allen Consulting James Burkett University of Phoenix Human Resources Management HRM 531 Dr. Johnson March 15, 2015 Atwood and Allen Consulting Introduction In this week’s assignment, I will look at the following three scenarios and assist the clients in complying with both state and federal laws that govern how they are organized and run. I will assist the following clients. * A small business owner in a limousine service doing business in Texas. * A Human Resources Director of a medium sized construction company that wants to open up operations in Arizona. * A Human Resources representative with a large hotel that wants to expand its operations into the country of India. Landslide Limousines as a small business client. Bradley Stonefield wants to open a “first-class” limousine service in Austin, Texas as an on-going concern. He projects that there will be 25 employees hired at the outset. He will organize as a small business and he will be subject to state and federal laws in the recruitment and retention of drivers, as well as licensing requirements that will be determined by the state of Texas. The labor market conditions will help dictate which federal and state laws will be used. The limousine service will have to comply with a number of federal employment laws. First, Title VII of the Civil Rights Act of 1964 (Cascio, 2013, p.83) prohibits the discrimination in hiring and promotions based on race, color, religion, and sex of the applicant...
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...------------------------------------------------- Compensation Management Compensation Management is an organized practice that involves balancing the work-employee relation by providing monetary and non-monetary benefits to employees. Compensation includes payments such as bonuses, profit sharing, overtime pay, recognition rewards and sales commission. Compensation can also include non-monetary perks such as a company-paid car, company-paid housing and stock options. Compensation is an integral part of human resource management which helps in motivating the employees and improving organizational effectiveness. Total compensation has three parts: Base compensation The fixed pay an employee receives on a regular basis, either in the form of a salary or as an hourly wage. Pay incentive A program designed to reward employees for good performance Benefits: sometimes called indirect compensation. Benefits encompass a wide variety of programs (for example, health insurance, vacations) Importance of Compensation Management A good compensation is must for every business organization and helps in the following way: * It tries to give proper return to the workers for their contributions to the organization. * It imparts a positive control on the efficiency of employees and encourages them to perform better and achieve the specific standards. * It forms a basis of happiness and satisfaction for the workforce that minimizes the labour turnover and confers a stable organization...
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...Week Two Learning Team Reflection HRM / 531 Team C has chosen to go with the small business, we have come up with principles and strategies that would apply to Mr. Stonefield Limousine Company. Whether it is a small or large business entity our team agrees that every employer should be familiar with the employment laws and regulations which also vary from state to state. It is our team recommendation that the business should make it a priority to stay in compliance. Since Mr Stonefield business will be operating in Austin, Texas he needs to make certain that he is with compliance with Texas state employment laws and Federal laws regulations. We will be addressing a list of laws that we feel that are very important for Mr. Stonefield Limousine service. Title VII The main federal statute prohibiting job discrimination is Title VII of the Civil Rights Act of 1964. Title VII prohibits discrimination by an employer against any individual with respect to his or her compensation, terms, conditions, or privileges of employment, based upon that individual’s race, color, religion, sex, or national origin. Under Title VII then, employers cannot use any of these factors in determining whether to hire or not to hire a certain applicant. ("Employers Guide To General Employment Law", 2008). The Americans with Disabilities Act (“ADA”) makes it unlawful for an employer to: 1. Limit, segregate, or classify an applicant or employee in a way that adversely affects the opportunities...
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...Skidmore was required by his employer, Swift Co., to be “on call.” The “on call” situation allowed him to be anywhere he wished to be. When called, however, he had to be there within an hour. This was called “waiting time.” Overall, during most weeks, his actual hours exceeded the 40 hour workweek. Skidmore requested overtime pay, but was not paid. Swift argued that Skidmore was not entitled to such compensation. ISSUE: Whether on-call time should be compensated as working time. What result? Rules: (1) On-call time according to the Fair Labor Standards Act (FLSA): An employee who is required to remain on call on the employer's premises or so close thereto that he cannot use the time effectively for his own purposes is working while “on call”. An employee who is not required to remain on the employer's premises but is merely required to leave word at his home or with company officials where he may be reached is not working while on call. (Armour & Co. v. Wantock, 323 U.S. 126 (1944); Handler v.Thrasher,191 F. 2d 120 (C.A. 10, 1951); Walling v. Bank of Waynesboro, Georgia, 61 F. Supp. 384 (S.D. Ga. 1945)) (29 C.F.R. § 785.17) (2) § 778.100 The maximum-hours provisions. Section 7(a) of the Act deals with maximum hours and overtime compensation for employees who are within the general coverage of the Act and are not specifically exempt from its overtime pay requirements. It prescribes the maximum weekly hours of work permitted for the employment of such employees...
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