Employment Compliance Employment Law for a Limousine

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 operations. The employer is not required to lower operational standards or supply personal use items, but are required to make existing work facilities usable for disabled, restructure jobs, modify schedules, or reassign to vacant positions. Equipment, devices, examinations, policies, interpreters or qualified readers, and 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 to qualified individuals who become unemployed through no fault of their own (Basics of Unemployment Benefits, 2013). Employees may apply as soon as they become unemployed. If qualified, employees must follow rules set by the state and pay taxes to IRS on unemployment income received. The Texas Workforce Commission can bring action against an employer for noncompliance and force payment of taxes and penalties for noncompliance.

The Occupational Safety and Health Administration (OSHA) sets workplace safety standards that require employers to maintain safety in the workplace (Safety and Health Standards: Occupational Safety and Health, 2009). Employers are required to be familiar with applicable standards and eliminate hazards, maintain access to medical and exposure records, personal protective equipment as necessary, hazard communications (material safety data sheets (MSDS) on all chemicals used), maintain injury and illness records on incidents, and record work-related injuries resulting in death, days off required, restricted activity, medical treatment beyond first aid, or loss of consciousness. Violations with direct relationship to safety and health that would not cause death or serious injury carries a discretionary up to $7,000 penalty. Serious violations with substantial probability of death or serious injury carries a mandated up to $7,000 penalty for each incident. Will violation, intentional where employer knew or should have known, carries a $5,000 to $70,000 penalty for each violation. Repeat violations carry up to $70,000 for each violation and if not corrected u to $7,000 for each day not corrected.