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 does not accrued leave, he can use his FMLA leave as unpaid time. If he has accrued leave, he may use it or his employer may require him to use it. Using his paid leave will decrease his allotment under FMLA days. If he exhausts his paid leave and needs to opt for unpaid time, his employer can only retain his job as long as he qualifies under FMLA. When he exhausts the 12-week allotment and he passes on to unpaid time, the employer will exercise his legal rights to let the employee go (WHD).
The birth of premature twins of Employee A's spouse is a qualified reason for the leave under FMLA (WHD, 2013). He now seeks to return to work and his withheld salary paid. The new manager takes him back but refuses to pay his withheld salary for the 11 weeks of leave. As a male who is covered by FMLA for the care of newborn children, Employee A has 12 weeks of leave. The law provides that his sick leave shall apply to the first 8 weeks of absence. Then...
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
On February 15, 2012, the DOL published a Notice of Proposed Rulemaking in the Federal Register to integrate the changes commanded by the amendment. On June 22, 2010, the DOL in an Administrator's Interpretation clarified the definition of son and daughter under the Family and Medical Leave Act to make sure that a worker who takes on the role of caring for a child receives parental rights to family
Employment laws encompasses various laws, administrative means and precedents that describe the rights of people who are working in an organization and also restrictions between an employer and employee relationship. According to Blog 2006, these laws are vital as they help the government in achieving its goal of ensuring that the rights of its citizens are well observed. The laws are laid down to prevent employees from being mistreated by
Employment Law First Quote "We are poised this year to more than double or even triple business," says Ms Turley. Ms Turley is a 58-year-old lady who has a company which makes clothes which are licensed with colleges and football team logos and colours. "And then this happened.... We have to find another way to get there." (Maltby, 2013) Context of the quote Penalties may be imposed on small businesses when healthcare law would
Employment Law Case One: A. Ms. Riyadh is employed as an account executive with ABC Advertising ("ABC"). ABC is a national marketing and advertising firm specializing in domestic and international advertising. ABC has its corporate headquarters in this state and represents many major public and private corporations throughout the United States. Ms. Riyadh began working with ABC as a summer intern during her senior year in business school, and was hired
Employment Laws The purpose of this research report is to find out the employment laws which are most important to be considered for a Human Resource Department. This research also aims to provide the solutions to avoid the litigation in hiring and firing processes. The role of a Vice President in the HR department brings along a number of responsibilities. One of the most important is to make sure that all the
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