... Stolen Childhood Children as agricultural laborers in the United States, in Beetsville, TX children as young as 6 are required to work long hours in the fields. These children are work fourteen hours a day sometimes seven days a week to help their parents with the planting and harvesting. Farm worker youth have a four times the national rate of dropping out of school. To these children this is just a way of life and all they know. As of now the way the Child Labor Laws are written there are no laws that protect the children who are in the agricultural field children can legally work on a far as early as the age of 12 with the permission of their parents. It is not unheard of for the parents to have children as young as 7 and 8 in the field during peak harvest season. These children can work up to fourteen hours a day and if they earn anything it will be less than minimum wage. These children should be protected like any other child under the Child Labor Law. The...
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...Chapter 23 Employment and Immigration Law • EMPLOYMENT AT WILL Either party may terminate the employment relationship at any time and for any reason (unless doing so would violate provisions of an employment contract) o Exceptions: Contract theory- implied employment contract Tort theory- emotional distress, defamation Public policy- whistleblowing o Wrongful discharge- violation of an employment contract/statute protecting employees • WAGE/HOUR LAWS Fair labor standards act- minimum wage & overtime pay (1.5 times regular pay) o Child labor Age 14-15+ allowed to work (restrictions= hours per day and per week, no hazardous) Age 16-18 no restriction on working times/hours No restrictions on 18+ o Wages/hours Minimum wage Overtime- work over 40 hrs/week- paid 1.5x regular pay for all hours over o Overtime exceptions- executive, administrative, professional employees; outside salespersons; computer programmers ** primary duty is management Exceptions do not apply to : police, firefighters, nurses, public-safety workers, white-collar earning > $100,000/yr, computer programmers, dental hygienists, insurance adjusters • LABOR UNIONS o National Labor Relations Act- right of employees to engage in collective bargaining and to strike Employer practices unfair to labor: • Interference with employee efforts to form, join, assist labor org • Employer’s domination of labor org • Discrimination in the hiring/awarding based on union affiliation ...
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...Williams Dr. Mark Davis LEG 500 – Law, Ethics, and Corporate Governance July 31, 2011 Explain if it matters that a parent literally had nothing to do with a biological child in order for the child to take advantage of the Family and Medical Leave Act (FMLA) to care for that parent. It does not matter if a parent had anything to do with a biological child in order for the child to take care of his or her parent and take advantage of FMLA because, under the Family and Medical Leave Act of 1993, “parent” means a biological parent adoptive, step or foster father or mother, or an individual who stands or stood “in loco parentis,” meaning in place of parent, “to the employee when the employee was a child (U.S. Department of Labor, 2010). However, this does not extend to a parent in-law (U.S. Department of Labor, 2010). Also, under the law, each employee has a set amount of vacation and sick time allocated, in which they can by law take if there is enough to cover what they are asking to take (U.S. Department of Labor, 2010). Therefore, Tony is eligible in this category to take FMLA, providing that he has fulfilled all other qualifications. Explain whether the size of the business can have any effect on whether Tony is eligible for family leave under the FMLA. FMLA does not apply to everyone. There are exceptions. The Act does not apply to small employers, or to employees who have been hired recently. Although the exceptions to coverage are few, they are worth exploring...
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...A The Family and Medical Leave Act sets regulations for job-protected leave related to family and medical reasons. FMLA applies to organizations with 50 or more employees working within 75 miles of the employee’s worksite (“Employment Laws,” n.d., para. 6). Employees who have been with their current employer for 12 months and who have worked 1250 hours of service in the previous 12 months are eligible for 12 weeks of unpaid leave through FMLA (“Eligibility Requirements,” Revised 2013). FMLA covers the following leave reasons: * The birth of a child, or the placement of an adopted or foster child. * A serious health condition that makes the employee unable to perform the essential functions of their job. * To care for a spouse, child or parent with a serious health condition. * A “qualifying exigency” arising out of a covered family member’s active duty or call to active duty in the armed forced. * To care for a covered family member who has suffered an injury or illness while on active duty. Employees must be restored to their position or equivalent position when returning from leave (“Benefits and Protections,” Revised 2013). The use of accrued paid leave can be determined by individual organizations, but should be documented in a policy. It is important for an organization to create a leave policy that complies with FMLA and be consistent when applying the policy. The Family and Medical Leave Act can provide stability to employees, but can be...
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...discussion pertaining to involuntary termination. It is a legal doctrine that states that an employment relationship may be terminated by the employer or employee at any time and for any or no reason. This paper will discuss the liability of an employer based on actions and responses to the employee's behavior and actions in term of employee evaluation and performance, labor, policies and laws governing the relationship between an employee and his/ her employer. Introduction Jennifer, A recent graduate, has recently been hired by the accounting firm out of college. Upon being hired, she engages in a number of different behaviors that need the management attention. Employee Evaluation The employee doesn’t perform up to the standard. Most performance problems can be resolved through effective communication between supervisors and their employees. A counseling session is an opportunity to clarify expectations and discuss performance problems. This step will provide advice on preparing for and conducting counseling sessions. In Employee’s work poor performance status, the manager should choose to performance manage employees, rather than applying disciplinary proceedings at the start. Managing poor performance • Meet with employee and clearly state the problem • Identify root cause of the problem and consider mitigating factors • Give specific examples and seek employee's agreement for improvement • Confirm what is expected and agree specific...
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...The Child with Minimum Unfair Discrimination Park University Abstract Labor law arose due to the demand for workers to have better conditions, the right to organize, or, alternatively, the right to work without joining a labor union, and the simultaneous demands of employers to restrict the powers of workers' many organizations and to keep labor costs low. It is this low labor cost that some say led to the use of abuse of Child Labor. This paper explores how labor laws or employment laws surrounding child labor have changed. Although Labor Law covers a wide variety of individual laws, all of which focus and a paper can be written on each one, this paper will be focusing on Child Labor. After centuries of incidents, courts across the nation have found that business owners have now, more than ever, the duty to inspect, maintain, and in many cases, provide adequate training to employees in regards to child labor laws. The Child with Minimum Unfair Discrimination Let’s start with the basics: What is “Child Labor”? Child labor is the employment of children under an age determined by law or custom. This practice is considered exploitative by many countries and international organizations. Child labor was not seen as a problem throughout most of history, only becoming a disputed issue with the beginning of universal schooling and the concepts of laborers’ and children's rights. Child labor can be factory work, mining or quarrying, agriculture, helping in the parents'...
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...ASSIGNMENT #2 – FAMILY RELATED ISSUES LEGAL 500 Explain if it matters that a parent literally had nothing to do with a biological child in order for the child to take advantage of the Family and Medical Leave Act (FMLA) to care for that parent. The Family and Medical Leave Act (FMLA) provides an entitlement of up to 12 weeks of job-protected, unpaid leave during any 12-month period to eligible, covered employees for the following reasons: 1) birth and care of the eligible employee's child, or placement for adoption or foster care of a child with the employee; 2) care of an immediate family member (spouse, child, parent) who has a serious health condition; or 3) care of the employee's own serious health condition. It also requires that employee's group health benefits be maintained during the leave. The FMLA is administered by the Employment Standards Administration's Wage and Hour Division within the U.S. Department of Labor. Application of the FMLA can also be impacted by the Uniformed Services Employment and Reemployment Rights Act (USERRA), Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA), the Americans with Disabilities Act of 1990 (ADA), or the Health Insurance Portability and Accountability Act (HIPAA). Parents not literally caring for the biological child has no resolve as to whether the child should be granted leave to care for the biological parent. Family and Medical Leave Act (FMLA) do not place stipulations on granting leave for a parent based...
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...Employment at Will Athena Locklear Professor Ellen Kapalko Legal 500: Law and Ethics in the Business Environment July 22, 2012 Employment at Will Doctrine At will employment is a doctrine of American law that defines an employment relationship in which either party can break the relationship with no liability, provided there was no express contract for a definite term governing the employment relationship and that the employer does not belong to a collective bargaining group (i.e., has not recognized a union). Under this legal doctrine, any hiring is presumed to be “at will”; that is the employer is free to discharge individuals for good cause or bad cause or no cause at all. The employee is also equally free to quit, strike or otherwise cease work. “The right of an employee to quit the services of the employer, for whatever reason, is the same right of the employer, for whatever reason, to dispense with the services of such employee” (Halbert/Ingulli, 2012). Since 1959, several common law and statutory exceptions to at-will employment have been created. Common law protects an employee from retaliation if the employee disobeys an employer on the grounds that the employer ordered him or her to do something illegal or immoral. However, in the majority of cases, the burden of proof remains upon the discharged employee. “The earliest adjustments to the doctrine of employment at will were made as workers fought for the right...
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...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 or status of such applicant or employee because...
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...Family Related Issues Explain if it matters that a parent literally had nothing to do with a biological child in order for the child to take advantage of the Family and Medical Leave Act (FMLA) to care for that parent. Families in America today look different than they did in the past. The families of today have changed complexion, changed composition, and changed expectations, but not matter what the change is within a family, its function in our society remains the same. The function of a family is to provide for and nurture the development of future generations. The Family and Medical Leave Act (FMLA) also allows eligible employees to take up to 12 weeks of job-protected leave to care for a spouse, child, or parent with a serious health condition. According to the FMLA statute, a “parent” is any person who is the biological parent of the employee or who stands, or stood, in loco parentis (in place of the parent) to the employee when the employee was a child. A person is considered “in loco parentis” if he has day-to-day responsibilities to care for and financially support a child, or in the case of an employee, who had this type of responsibility for the employee when the employee was a child. A biological or legal relationship is not necessary. Parents-in-law, however, are not included within the meaning of “parent.” (Michelle’s Law (Public Law 110-381), 2009) Explain whether the size of the business can have any effect on whether Tony is eligible for family leave under...
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...the "ministerial exception" and the limits of state intervention in the internal affairs of a church. Arguably, "Hosanna-Tabor" is the most important case on religious freedom to reach the Supreme Court in the last 20 years. A case in which the Supreme Court established a milestone in the understanding of cases involving labor relations and religions institutions. More specifically on the scope of the term "ministerial exception" as well as the "establishment clause and free exercise", brought by the First Amendment of the US Constitution. Analysis of the Decision The Supreme Court reviews, in this case, an argument between the interpretation of the constitutional provision in the Americans with Disabilities Act, which protects people with disabilities in hiring and against dismissal without cause. The issues raised are as follows: Can a disabled person to be fired from his or hers job, even if the employer is a religious organization? What is the limit and the scope of the "ministerial exception" and the "free exercise clause", especially when there is a conflict with other values? More specifically, what was discussed was whether the Hosanna-Tabor Church, of Redford (Michigan) - an arm of the Lutheran Church - is subject to the laws against employment discrimination in relation to the teachers of schools attached to the church, although they are also ministers within the religion. The church argued that the "ministerial exception" should be applied here,...
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...Employment Law Compliance Plan HRM 531 May 5, 2014 Maria Ziegler ATWOOD AND ALLEN CONSULTING Memorandum Date: May 5, 2014 From: Michelle Kenny Human Resource Specialist Subject: Leadership Strategies for New Team To: Bradley Stonefield Owner, Landslide Limousines The purpose of this memorandum is to present to you the employment law compliance plan on how to legally open up your limousine service in Austin, Texas. Based on my extensive research on employment laws in Texas, I am confident that if you follow these employments laws your business will be a successful. I conducted a thorough analysis of four employment laws which I will be discussing in detail; in addition I will present to you the consequences of noncompliance with these four employment laws. The specific employment laws that I will discuss which are imperative to hiring new employees are the Title VII of the Civil Rights Act of 1964, the Americans Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Texas Commission on Human Rights Act (TCHRA). Next, I will cover the employment laws connected with the application process and interview questions. Under this section we will discuss the Equal Opportunity Commission (EEOC), negligent hiring, and the Immigration Reform and Control Act. In addition to these laws I will be...
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...Running head: RIGHT TO EMERGENCY CARE The Right to Emergency Care Including the Needs of the Psychiatric Patient Abstract The Emergency Medical Treatment and Labor Act came about in 1986, but was sought after as far back as the 1960s. This law requires emergency care to individuals regardless of ability to pay. EMTALA requires examination and treatment of individuals who present with an emergency medical condition and/or women who present in labor. This law is applicable to all hospitals that participate in the federal Medicare program. EMTALA should not be confused with medical malpractice law. EMTALA also applies to individuals who present with acute symptoms of psychiatric illness and/or substance abuse. The Right to Emergency Care Including the Needs of the Psychiatric Patient The Emergency Medical Treatment and Labor Act (EMTALA) requires access to emergency care regardless of an individual’s ability to pay. EMTALA may also be known as the Anti-Patient Dumping Statute. Regardless of the lack of duty to admit or serve all who present for treatment, a hospital emergency department is an exception to the rule (Showalter, 2015). A hospital emergency department has a duty to “evaluate all patients who present for service and to render emergency care to those who need it” (Showalter, 2015). The need for EMTALA was starting to be recognized in the 1960s (Showalter, 2015). According to Showalter in his text, EMTALA was developed with the “philosophy that healthcare...
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...The report discusses the laws and regulations in Tanzania and the way they effect organizations, workers or employees and the government in general. It will also discuss the impact of these laws to the organizations’ operations. Discrimination In 1958, any discrimination of race, color, sex, religion, political opinion, national extraction or social origin, which provides unequal treatment under employment. Such determination can only be made after consultation with employer’s representative and worker and/or worker’s union. In 14th April 2004, Employment and Labor Relations Act states that harassment of an employee will be taken as discrimination of color, origin, sex, religion, etc. (Mussa, 2004). In an unfair discrimination, an employee can file a complaint against the employer at the commission for mediation and arbitration (CMA) within 60 days. The employer is given the task to investigate the complaint within the company and return with a report. If the matter is not resolved, the case can be referred to the labor court for further investigation and resolution. Additionally, the lecturer Shadrack of University of Dar es salaam says in his blog about ELRA, 2004 “The new law provides no grounds for employees to embark on a conflict of rights” (Shadrack, 2012). The Employment and Labor Relations Act, 2004 (ELRA, 2004), does not provide authority to employees to fight for their rights. These rights can be workplace environment or economic reasons. Employers cannot dismiss...
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...some initial research, we have found that H&M has a well-established code of conduct that would meet the standards of the average U.S. consumer, which is the market into which H&M is looking to branch. The issue that H&M faces is the average consumer’s perception that every company outsourcing to Bangladesh has the same inferior standards as the Bangladesh government. The solution rests upon H&M’s ability to focus more clearly on brand management. Consumers need to be reassured that H&M’s standards for working conditions are not the same as those of the Bangladesh government. H&M’s public relations team in the U.S. should focus upcoming press releases and social media blasts on explanations of H&M’s code of conduct. Additionally, H&M’s new ad campaign, “Close the Loop,” which features a Muslim model should be targeted toward U.S. consumers. Although this may be costly, it could be highly beneficial to release footage of H&M employees visiting our garment factories in Bangladesh and performing compliance checks. If you have any questions or concerns about the report, please feel free to give us a call. ABSTRACT This report...
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