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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 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 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
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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…
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
Wage and Hour Division (WHD). (n.d.). Retrieved from United States Department of Labor: http://www.dol.gov/whd/regs/compliance/fairpay/main.htm
Employment Law Compliance Plan Atwood and Allen Counsulting The Payday Law of Texas The Compensation Act of Workers of Texas The Minimum Wage Law of Texas The Law of Texas on Employment Discrimination The Employment Law Compliance Plan Claims of disability, age, sex and race discrimination and employment discrimination litigation are the factors included in employment laws. From hiring through termination, in all aspects of the employment relationship the counseling of employers is another large component which
Employment Law Compliance Plan The following employment law compliance plan is specifically designed for the limousine service that our client, Bradley Stonefield has contacted our firm about. Mr. Stonefield is seeking our expertise in planning and operating a small limousine service, staffed by 25 employees in the first year, in the Austin, Texas market. As the anticipated employee base will be very diverse, both from an ethic and age standpoint, the
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Mr. Atwood, After reviewing your plans to open up a limousine service in Austin, Texas, there are four major points of compliance that you should focus on so as to keep your business operational and out of legal trouble with the state and/or local authorities. There is not a state-wide law in Texas that pertains to chauffeurs and limousine services (Texas DMV, 2015). However, the same is not true of Austin, Texas
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