Introduction
Medical marijuana has increasingly been in the news as a growing number of states throughout the U.S. have passed measures or at least put on the ballot an initiative to legalize either medicinal or recreational marijuana usage.  The history of marijuana in the U.S. is one that goes back as far as the country itself:  hemp (a type of marijuana plant) was used for rope, paper and a number of other purposes because of its strong fibrous tissue.1  It was not until the Prohibition Era of the 1920s that marijuana began to be prohibited by law in the U.S.—and within a decade, it was regulated among most states under the Uniform State Narcotic Act.2  Thus, from its very first days as a crop grown by the Virginia Company for exporting to England by decree of James I—and in fact from the days of the first President of the U.S. George….

Health are -- Medical Retention Laws
Medical records retention requirements, whether Federal or State, are apparently aimed at maintaining records for a significant length of time after a patient's discharge. HIPAA does not impose a specific requirement for retention of a patient's medical records and leaves that task to State legislatures. alifornia meets and far exceeds Federal requirements in multiple requirements from multiple laws. Meanwhile, Nevada takes a far simpler tack while still adhering to Federal requirements.

Federal

HIPAA does not impose a length of time for which patients' medical records must be retained (U.S. Department of Health and Human Services, 2009); rather, that requirement is left to the states. However 45 .F.R. §164.530(j) does require that an entity governed by HIPAA must retain its "privacy policies/procedures, privacy practices notices, disposition of complaints, and other actions, activities, and designations that the Privacy Rule requires to be documented" (U.S. Department of Health and Human….

Compensation and Benefits: The Family and Medical Leave Act
The Family and Medical Leave Act (FMLA)

The FMLA came into effect on 5th August, 1993. The Wage and Hour Division of the U.S. Department of Labor (DOL) is responsible for its administration. The law covers all employees in the state, including those in the private sector and a majority of those in the congressional and federal sectors. The law entitles "eligible employees of covered employers to take up to 12 weeks of unpaid leave per year," in order to attend to specified medical and family issues (AFSCME, 2013). This could extend to 26 weeks, over the same period, in cases that involve serious illness or injury. The decision as to when the one-year period should actually begin is dependent on the employer and the policy of the organization. In the past, the FMLA has been amended a number of times to expand….

Second Opinions for Tough & Smart Care
FLA, FECA, H2457

The federal government (under most current administrations) has tried to address the issue of the nation's need for better healthcare by focusing on improving what is already in place. Two of the regular efforts at this are the FLA (Family Leave Act) and the FECA, or Federal Employees' Compensation Act (DOL, b). The purpose of the first is to provide structured and economically efficient ways for people to be able to leave their positions, without risking their jobs, when they are dealing with either the birth of a child or a critically sick immediate relative. It is also seen as one effort to seek to protect men and women against the problems of gender injustice that can come about if women are challenged in keeping healthcare because of the choice to have children. FECA, on the other hand, seeks to ensure fair….

Labor and Employment Law
WORKPLACE SITUATIONS

Situation A -- The Family Medical Leave Act of 1993 or FMLA was enacted to help employees balance family and work requirements (WHD, 2013). It aims at protecting and helping those with family or personal health problems. The rise in single-parent households and women employees often leads them to compromise work for family or vice versa. The law intends to strike a balance between. If an employer is connected to FMLA, an employee who has worked for one year or 1,250 hours in the preceding year is entitled to 12 weeks of unpaid leave within the 12-month period. The employer is qualified to offer FMLA if it has 50 or more employees. Employee A and his employer are, thus, qualified (WHD).

The qualified employer is obliged by law to grant FMLA leave when the qualified employee requests it with a qualified reason (WHD, 2013). If Employee A….

Title VII of the Civil Rights Act of 1964 "bans discrimination, including sex-based discrimination, by trade unions, schools, or employers that are involved in interstate commerce or that do business with the federal government" the Civil Rights Act of 1964 prohibits discrimination in a broad array of private conduct including public accommodations, governmental services and education. One section of the Act, referred to as Title VII, prohibits employment discrimination based on race, sex, color, religion and national origin. The Act prohibits discrimination against the aforementioned protected classes in the areas of recruitment, hiring, wages, assignment, promotions, benefits, discipline, discharge, layoffs and almost every aspect of employment (Loevy 1997).
However, Title VII provides than an employer must reasonably accommodate an employee's religious beliefs and practices unless doing so would cause undue hardship on the business. As an employee were are obligated to try to resolve any conflict if possible. We would….

FMLA
The Family and Medical Leave Act (FMLA) is an addition to the regulations applied to businesses which recognizes the changing nature of the family, and the importance of having a business environment which is supportive of the needs of the family. The FMLA requires employers to grant leaves of absence to employees who are seriously ill, who have newborn or newly adopted children, or who have to care for sick family members without the risk of the employee loosing their job as a result of the leave. Specifically, sections 6381 through 6387 of title 5, United States Code, as added by Title II of the Family and Medical Leave Act 1993, provides covered Federal employees with entitlement to 12 workweeks of unpaid leave during any 12-month period for the following purposes:

the birth of a son or daughter of the employee and the care of such son or daughter; the placement….

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 to care for that parent.
The family Medical Leave Act (FMLA) gives no determination that states that the known relationship or lack thereof between the child and parent will determine the child's ability to use FMLA to care for the parent. Any employee can request FMLA regardless of if the child had nothing to do at all with the biological parent. The FMLA provides the employee with up to a maximum of twelve weeks of un-paid, job-protected leave for one of the following reasons:

Care of a spouse, daughter, son or parent with serious health conditions

Due to an employee's inability to work due to a serious health condition

Placement of a child for adoption or foster care

The birth and care of a newborn child

Specific situations related to….

The ADEA permits employers to favor older workers based on age even when doing so adversely affects a younger worker who is 40 or older" (Facts about age discrimination, 2008, EEOC). The worker was clearly discriminated against for a promotional opportunity based upon his age, despite his superior performance.
All of the available evidence suggests that Employee B. was doing superior work in contrast to his younger co-worker. There is a clear 'paper trail' of performance reviews establishing Employee B's superior performance and ability to do a high-quality job. Also, the specific stated rationale for not giving Employee B. The promotion was age. There is no evidence that taking the promotion required qualities only a young person might have (such as the agility required by a dangerous occupation, or an occupation based upon physical strength).

In some instances, regarding benefits, employers may have some discretion under the ADEA. For example, in….

If a 68-year-old employee receives an above average review on her work performance and doesn't receive a raise, and then finds that an employee who is 32 years of age receives an adequate performance review and gets a raise and a promotion the older employee has a strong case for age discrimination.
A violation of the employment act has occurred because it is reasonably expected that the above average rating would get the raise and promotion before the adequate rating. In this case, the company has basically set themselves up for a lawsuit in which they stand a strong chance of losing. The employee's proof is in her above average ratings on her review. The employer must come up with a valid reason as to why she was not promoted over the younger employee who received lower ratings. More than likely, they will not be able to offer any proof.

Employees….

Ethics, Law Case, Critical Thinking
Title VII of the Civil ights Act permits retaliation claims because they help to prevent situations in which workers who are unlawfully discriminated against pursue those discrimination law suits. Were Title VII of this act not to permit retaliation claims, then there is a possibility that egalado would have dropped her law suit of discrimination against the company both she and her husband worked for, just so that he could either keep his job or have it reinstated. etaliations claims require inclusion in Title VII of this act to keep employers honest in their dealings with their employees. Thompson was not part of the lawsuit that egalado was formulating (Your textbook, p. 415), yet he was fired as a means of retaliating against her for producing a law suit against the company. Without the inclusion of retaliation claims, Thompson would have unfairly lost a job.

North American….

Gizmo Inc.
Will either of their grievances be heard in court? Why?

Becky's case has a very realistic possibility of being heard in court. This is from releasing her at a time when she was experiencing complication during her pregnancy. In this situation, she can claim that the company did not abide by the different provisions of the law through terminating her employment (after she asked and was initially granted maternity leave). This surpasses the arbitration clause in her employment contract by directly violating the Family Leave and Medical Act. (Cihon, 2013)

Under the law, she can take up to 12 weeks off without having fear of retribution, demotion or suspension. However, in order to be eligible, she must request leave with 30 days prior notification to her employers. Evidence of this can be seen with guidance provided to employers from the Department of Labor which states, "Employees must comply with their employer's….

Job Security
Family Medical Leave Act (FMLA) and Return to Work

Balancing health, home, family, work:

With this purpose, this research paper probes into the methods, mechanisms that policies managers may utilize in the quest to facilitate employee leave and return to work. As this is a subject that deals with policies that may have a resounding impact on the welfare of both the company and it's employees, hence it is necessary that we take into account the psychological and emotional needs of individuals as discussed in the theories of Maslow, Herzberg and McClelland. This proposal shall demonstrate the beneficial aspects of leave policy implementation, as none exists at this point and prove that just a little consideration on the part of the management can turn any company's ventures into a roaring success.

THEORETICAL SUCCESS OF THE PROPOSAL:

Maslow's Hierarchy of Needs:

Maslow's Hierarchy of Needs states that each need must be satisfied in turn starting….

Unintended Limitations on Ada Protections
ADA Protections

The American with Disabilities Act of 1990 (ADA) was designed to prevent discrimination in terms of employment (Title I), telecommunications (Title IV), and public services (Title II), transportation (Title II), and accommodations (Title III), for persons with physical and/or mental disabilities (EEOC, n.d.; Disabled World, 2009). Employers and public establishments are required under the ADA to make accommodations for persons with disabilities, unless it imposes an undue hardship. To ensure compliance, a large number of different federal agencies act as enforcers of the ADA provisions.

The ADA defines a disabled person as anyone who is prevented from engaging in a major life activity, either currently or historically, or is perceived by others as being limited in this way. The latter criteria was intended to be one of three primary routes for bringing a discrimination suit to court, resulting in the 'regarded as' disabled test to prove….

Employment Law Policies for XYZ
Describe and explain all the possible employment laws that could govern the employment at XYZ.

Job discrimination. Title VII of the Civil ights Act of 1964 prohibits hiring, firing or pay discrimination based solely upon a person's race, religion, sex or national origin. It also prohibits sexual harassment. Employees and applicants must be treated equally and harassment will not be tolerated.

Age discrimination. The Age Discrimination in Employment Act prevents discrimination against applicants or employees older than 40 because of their age. A person's age or proximity to retirement cannot be taken into account when making decisions on hiring, firing, pay, benefits or promotions.

Disability discrimination. The Americans with Disabilities Act (ADA) prohibits job discrimination against qualified people with disabilities who can reasonably perform a job's function. If hired, managers need to work with H to help create reasonable accommodations for disabled employees.

Overtime/minimum wage. The Fair Labor Standards Act….