Employment Compliance Employment Law For A Limousine Essay

Length: 3 pages Sources: 3 Subject: Careers Type: Essay Paper: #29059909 Related Topics: Employment Law, Administrative Law, Americans With Disabilities Act, Minimum Wage
Excerpt from Essay :

Employment Compliance

Employment law for a limousine service in Austin, Texas with 25 employees would consist of the American with Disabilities Act, Fair Labor Standards Act of 1938, Equal Opportunity Law, OSHA, and Unemployment Benefits Law. The Americans with Disabilities Act requires employers to make reasonable accommodations for disabled individuals. The Fair Labor Standards Act set minimum wage and overtime requirements. Equal Opportunity Law prohibits discrimination and sets standards for equal opportunity among applicants. OSHA law sets safety standards in the workplace. And, the Unemployment Law requires employers to pay unemployment taxes.

The Americans with Disabilities Act requires employers with 15 or more employees to make reasonable accommodations for disabled employees and applicants unless it presents an undue hardship on the employer (Facts about Americans with Disabilities Act, 2008). A disabled person has a mental or physical impairment that limits one or more major life activities, has documentation of the disability, and is regarded as having such impairment. An undue hardship is a significant action or expense based on the employer's size, financial resources, and the nature and structure of training material would need to be acquired or modified. Noncompliance can bring civil penalties and court ordered compliance standards.

The Fair Labor Standards Act requires at least a minimum wage, currently $7.25, for up to 40 hours a week and overtime of one and a half times the pay rate for over 40 hours a week (Wage and Hour Division (WHD), n.d.). Section 13(a)(1) exempts bonafide executives, administrative, professional, and outside sales persons, as well as certain computer employees. Exempt employees must meet certain tests. Noncompliance can bring civil penalties.

The Texas Labor Code, Title 2, protects laborers against discrimination and requires equal opportunity among employees and applicants, as well as how pay is provided (Labor Code, n.d.). Employers are prohibited from discriminating against an individual on the basis of disability, age, gender, color, religion, or national origin. Equal opportunity is required in hiring, promotions, discharge, pay, fringe benefits, memberships, training, and other aspects of employment. Noncompliance can bring civil action of temporary relief including hiring and restating back pay, upgrading an employee with or without pay, union membership, guidance program, apprenticeship, or training objective criteria, court costs, as well as compensatory and punitive damages.

Employers must pay unemployment taxes that provide temporary, partial income replacement…

Sources Used in Documents:

Bibliography

Basics of Unemployment Benefits. (2013, Mar 21). Retrieved from Texas Workforce Commission: http://www.twc.state.tx.us/ui/bnfts/basics-unemployment-benefits.html

Facts about Americans with Disabilities Act. (2008, Sep 9). Retrieved from Equal Employment Opportunity Commission: http://www.eeoc.gov/facts/fs-ada.html

Labor Code. (n.d.). Retrieved from State of Texas: http://www.statutes.legis.state.tx.us/Docs/LA/htm/LA.21.htm

Safety and Health Standards: Occupational Safety and Health. (2009, Sep). Retrieved from United States Department of Labor: http://www.dol.gov/compliance/guide/osha.htm


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