...Situation A - Family and Medical Leave Act of 1993 In this situation Employee A has taken 11 of his guaranteed 12 weeks of leave provided by the Family and Medical Leave Act of 1993 (FMLA). This leave is unpaid, however ensures that the employee’s medical coverage is maintained during the entire absence from work. “The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage” (United States Department of Labor, 2015). To be eligible for family or medical leave, an employee must have worked for the employer for a minimum of 12 months, completed 1,250 hours of work in the last 12 months and work at a location with a minimum of 50 employees in a 75 mile radius (United States Department of Labor, 2015). Employee A has been with the company for the required time and the company has more than the required number of employees, it is never stated if he has achieved the minimum number of work hours requirement. There are a variety of reasons that a person can request leave and they include birth of a child, care for a newly adopted or fostered child, or serious health condition of an employee or immediate family member. Employee A is taking leave in part because his wife is delivering prematurely. This is covered under the FMLA since he is experiencing a family medical situation and caring for his newborn child. Employee A has only used 11 of...
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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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...Labor and Employment Law Western Governors University This report is in response for a request to analyze three situations to identify if any employment laws were violated. Situation A: An employee was granted an 11 week leave for the birth of his twins. The employee was able to return to his former position with the same rate of pay. The employee requested to be paid for his absence and that request was denied. This employee was granted leave based on the Family and Medical Leave Act (FMLA). This act allows employees, who meet the eligibility requirements, to take a specified time period off from work to meet family, medical or military obligations. An employer is obligated to provide leave if the company has 50 or more employees. (J.J. Keller & Associates, Inc., 2011) This company has 75 employees so is covered to provide employees with FMLA if needed. An employee is eligible for FMLA if he/she has worked for the employer for a minimum of 12 total months. The employee in question has worked for the company for 2 years, so is therefore eligible. The Family Leave and Medical Act allows for an eligible employee to take up to 12 weeks of leave for the birth and care of a newborn as one of the acceptable reasons. Some other reasons would be adoption, to care for an immediate family member...
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...Employment Law and Labor The restaurant chain Red Robin had recently endured an EEOC case where they had to give one of their workers a large sum of money for losing a religious discrimination case. The case took place in Seattle Wa. (www.eeoc.gov). The initial charges also included enforcement of changes for the organization’s policies and procedures of employees’ religious rights. The organization was ultimately found guilty of wrongfully firing a worker under religious reasons (www.eeoc.gov). The case was reported to be about a worker who was employed as a server at the restaurant. He believed in a certain Egyptian religion called Kemetic where it is tradition to wear tattoos as a form of worship. These tattoos are worn typically around the wrists where they can be seen by the public (www.eeoc.gov). The employee cannot cover these tattoos as it is considered to be a sin because these tattoos are supposed to dedicated to how he sacrifices for his religion (www.eeoc.gov). It reported by the EEOC that the employee did have these tattoos when he began his employment with the organization. The company did have preexisting regulations prohibiting any tattoos that can be seen. The worker had been working at the establishment for a span of 6 mo. with no complaints from the public or employees before management had seen them and terminated him for refusal to cover them (www.eeoc.gov). The terminated employee had stated that he had advised his supervisors...
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...Business Law Labor and Employment Law Situation A Situation A is a violation of the Family and Medical Leave Act. The act clearly states that your employment may be held for the legally indicated amount of time but without compensation. Employee A’s time off from work falls within the scope of the guidelines that are defined within the act & his return to work at his previous rate of pay also falls within the scope of guidelines included in the act, but the request of the 11 weeks of withheld salary is not allowed for the employee in the acts guidelines. The guidelines in the act spell out and clearly state that ”the FMLA mandates unpaid, job protected leave for up to 12 weeks a year” for multiple reason including but not limited to, “to care for a new child, whether for the birth of a son or daughter, or for the adoption or placement of a child in foster care”. The act also clearly states that it requires for employers to provide FMLA act protection for employees that have worked for the employer for at least 12 months (not necessarily a consecutive 12 months). Employee A may return to his job, at this previous rate of pay but he may not be approved to be given the withheld pay for his time off of work. Situation B Situation B is a complete violation of the Age discrimination Act of 1967. The act clearly states that it was created with the intent to prohibit age discrimination in employment. Employee B was cited for doing above average...
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...The method of pre-employment testing is a method that should be carried out carefully as to avoid as many liabilities as possible. For instance, if the testing were comprised for government applicants, the liabilities can be very high. The skill levels for these various positions range from very complicated to the lowest level of skills. Sometimes there are union entities that involve themselves with pre-employment testing. When this happens regulations from the government can clash with the union’s. These types of issues can sometimes lead to complications due to legalities (www.selectivehiring.com). The entire ideation with this type of testing is to locate the best fit for the opportunity being offered to the candidates. The testing is put in place to eliminate low retention within the working environment. The addition of testing candidates online has given many organizations the ability to conduct this type of testing. The administrating organization must take note to format the proper testing in order to evaluate all candidates in a proper fashion (www.selectivehiring.com). The organization used in this assignment is a particular judiciary system within the United States. This system employs thousands of employees. Due to this testing for candidates must be concise but must also not affect any legalities that could appear due to improper testing methods. The first thing that is done is separating the various positions into separate categories...
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...Most of my friends who are currently working are my undergraduate friends. Actually I have another class that requires interviewing my working friends about their opinions about their work. I think they have more complaints about their works than they actually enjoy their work. I think it might be because they just started working. I think both my parents enjoy their job even though they are always busy and have a lot of work to do. In most cases, the friends would talk to me saying they feel that they need to work under a lot of pressure for a paycheck that can’t even cover their living cost and they might still need to ask their parents for money. This is especially true for those who work for consulting firms. Most of them hate working overtime to finish the endless project while their bosses would lose temper easily if they do not meet a deadline or if the boss is not satisfied with their work. They would not have time and energy to build personal connections with the colleagues. Some of them feel difficult to change from a student to a working person. For my parents I would think they hate that they need to deal with problematic kids since they are both teachers. What they enjoy most I think would be learning and self-improving during work. When I talked to some of my friends who are currently working, they would share something they learned from work and they all sounded very proud and they said they would never know these stuff if they were not doing that job. For my...
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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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...Labor and Law Issues As director of human resources at MAS Company, a company with over 75 employees, I am responsible for making sure that the company is in compliance with labor and employment laws. My job is to ensure that the company’s management team follows the federal laws pertaining to the employees. I also analyze situations which may occur within the company and determine if a violation of mandated federal laws has been violated. This week, the vice president of operations has presented to me three situations which required my expertise. I have read and analyzed the situations, and I have reviewed them with each manager involved from each situation. The situations and my findings are as follows. Situation A: After being on leave for eleven weeks to be with his wife, who has given birth prematurely, Patrick has submitted a request to his boss, Tom, to return to work. He has also has asked Tom if he could be paid his salary during his 11-week leave. Patrick has been given permission, by his new boss, Tom, to return to his old position at his old salary. However, Tom has turned down Patrick’s request to receive his withheld pay from his 11-week leave. The provisions of the Family and Medical Leave Act of 1993 are as follows: “The Family & Medical Leave Act (FMLA) applies to your company if you employ over 50 employees within 75 miles of the worksite, and at least 50 of your employees work 20 or more work-weeks in the current or preceding calendar...
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...Employee A was given the appropriate entitlements from the Family and Medical Leave Act. The employee met eligibility requirements because he worked for the company at least 12 months and requested leave for an eligible reason. Employee A would be covered by his health insurance plan during the 11-week leave. 3. Employee A was placed back with the company in his former position at the same rate of pay. The FMLA does not grant the employee wages during their leave, so the denial of 11 weeks of pay was not illegal. No violation occurred. B. 1. The ADEA protects employees and job applicants over the age of 40 from age discrimination. The ADEA makes it illegal for an employer to retaliate against someone who opposes discriminatory employment practices based on age. Employers are also...
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...1 TASK 2 LABOR AND EMPLOYMENT LAWS To purchase this visit here: http://www.activitymode.com/product/lit-1-task-2-labor-and-employment-laws/ Contact us at: SUPPORT@ACTIVITYMODE.COM LIT 1 TASK 2 LABOR AND EMPLOYMENT LAWS LIT 1 Task 2 Labor and Employment Laws Activity mode aims to provide quality study notes and tutorials to the students of LIT 1 Task 2 Labor and Employment Laws in order to ace their studies. LIT 1 TASK 2 LABOR AND EMPLOYMENT LAWS To purchase this visit here: http://www.activitymode.com/product/lit-1-task-2-labor-and-employment-laws/ Contact us at: SUPPORT@ACTIVITYMODE.COM LIT 1 TASK 2 LABOR AND EMPLOYMENT LAWS LIT 1 Task 2 Labor and Employment Laws Activity mode aims to provide quality study notes and tutorials to the students of LIT 1 Task 2 Labor and Employment Laws in order to ace their studies. LIT 1 TASK 2 LABOR AND EMPLOYMENT LAWS To purchase this visit here: http://www.activitymode.com/product/lit-1-task-2-labor-and-employment-laws/ Contact us at: SUPPORT@ACTIVITYMODE.COM LIT 1 TASK 2 LABOR AND EMPLOYMENT LAWS LIT 1 Task 2 Labor and Employment Laws Activity mode aims to provide quality study notes and tutorials to the students of LIT 1 Task 2 Labor and Employment Laws in order to ace their studies. LIT 1 TASK 2 LABOR AND EMPLOYMENT LAWS To purchase this visit here: http://www.activitymode.com/product/lit-1-task-2-labor-and-employment-laws/ Contact us at: SUPPORT@ACTIVITYMODE.COM LIT 1 TASK 2 LABOR AND EMPLOYMENT...
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...rural labor migration in China based on the Markov chain method. Huang Ningyang; Charles Corcoran; Gong Meng. Author's Abstract: COPYRIGHT 2011 International Academy of Business and Economics The migration of rural labor to non-agricultural sectors helps solve three agriculture issues in China: dated agrarian methods, an overpopulation of rural areas, and an excess of supply of farm labor. But a large population and fast economic development may impede the process. The proportion of rural labor is large and the labor force participation rate is high, while education levels are low. Further, the elasticity of employment is low, while economic growth is much faster than rural labor employment growth. Based on questionnaire data investigating rural labor markets, and utilizing the Markov Chain Method, a forecast is made of when the rural labor shift will stabilize, along with the three employment states' probabilities: (1) working and residing on the home farm, (2) leaving home but working near their hometown, and (3) leaving home and working far from their hometowns. It is projected that the rural labor shift will stabilize in 24 years. The probabilities of the three employment states mentioned above will be 5.9%, 45.4%, and 51.2%, respectively. These findings may contribute to policy decisions regarding city growth patterns, industrial development, and population migration. Keywords: rural labor stability, rural labor migration, labor force participation rate, employment elasticity...
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...Book I - Pre employment BOOK ONE PRE-EMPLOYMENT Art. 12. Statement of objectives. It is the policy of the State: 1. To promote and maintain a state of full employment through improved manpower training, allocation and utilization; 2. To protect every citizen desiring to work locally or overseas by securing for him the best possible terms and conditions of employment; 3. To facilitate a free choice of available employment by persons seeking work in conformity with the national interest; 4. To facilitate and regulate the movement of workers in conformity with the national interest; 5. To regulate the employment of aliens, including the establishment of a registration and/or work permit system; 6. To strengthen the network of public employment offices and rationalize the participation of the private sector in the recruitment and placement of workers, locally and overseas, to serve national development objectives; 7. To insure careful selection of Filipino workers for overseas employment in order to protect the good name of the Philippines abroad. Title I RECRUITMENT AND PLACEMENT OF WORKERS Chapter I GENERAL PROVISIONS Art. 13. Definitions. 1. "Worker" means any member of the labor force, whether employed or unemployed. 2. "Recruitment and placement" refers to any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers, and includes referrals, contract services, promising or advertising...
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...Cheap labor is widely seen as a prerequisite to China’s economic rise and as a major threat to China’s competitors. The low production costs in China have been blamed for countless job losses and plant closures elsewhere in the world as more and more investors flocked to this country. However, the Labor Contract Law of China, that came into effect on January 1, 2008, has been one of the most disputed laws passed in recent years. It was the product of a series of lengthy consultations that took place between the state and social, domestic as well as foreign actors affected by it. Many entrepreneurs see the new law as a threat to their businesses in China. Chinese new Labor Contract Law is the most significant reform to the law of employment relations in more than a decade. Its final form emerged following highly contentious debates over the terms of earlier drafts- debates involving not only a range of Chinese actors, but also international business lobbyists and labor organizations. The Law was enacted represents a compromise between the competing demands of these many interest groups. This article briefly surveys the reasons for the enactment of the Labor Contract Law, the polarized drafting process, and the key matters it addresses. The assessment presented is that the Law is, overall, a necessary and beneficial contribution to the regulation of work in China. 2. The Need For the Labor Contract Law Chinese foundational law regulating the labor market is the Labor Law of...
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...Labor law in Spain. Amira Hassanaly BLAW 225 Labor law in Spain. Amira Hassanaly BLAW 225 Outline I. Introduction II. Employment contract a) Permanent contract or fixed contract b) Temporary contract c) Training contract d) Work experience contract e) Part time contract III. Working Conditions a) Salary b) Working time c) Rest time d) Overtime e) Working day and family f) Holidays and leaves g) Unpaid leaves h) Maternity and paternity leave i) Dismissal IV. Employee’s rights V. Social Securities VI. Unions VII. Conclusion I. Introduction As is the case almost in all European countries, Spanish labor law is very understandable and ensure protection for employees. According to the definition labor law is a body of law that govern the employer-employee relation, including employment contract. The relationship between employer and employee is more than the exchange of labor for money it is also covers workplace rights and a large group of regulation on issues such as protection from discrimination, wages hours and health and safety. Labor law also deals with individual and collective relationships between employees and employers. The economic crisis of 2008 showed that the Spanish labor model was not working out. The labor legislation change in 2012 in order to be more suitable in a time of crisis within the labor market, the legislation modifies the institutional...
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