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Aspects of employment law
Aspects of employment law
Employment law
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Employment law is a broad term that encompasses the relationship between an employer and an employee. In most case scenarios, employees have been discriminated overtime hence the need for the government to come up with employment laws that regulate the relationship between the employees and other various groups such as the employer, government and trade unions. It is an important issue that needs to be analyzed carefully by any involved personnel. Employment laws cover the employer-employee relationships but exclude negotiation process which is covered by labor law.
In question 1, Employees should not be allowed to work extra hours. According to FLSA, as the working hours are taken into account, the extra hours which are termed as irrelevant may be ignored because they cannot be termed as a proper record for payroll services. In addition to that, the courts also take a stand that those extra hours are insignificant (Business & Legal Reports, Inc, 2004). However, this rule only applies to times when there is a certain uncertainty in the workplace.
This rule applies only where there are uncertain and indefinite periods of time that is involved, minutes in the time period, and where the inability to count that time is justified by industrial realities. As noted, an employer may not arbitrarily fail to count any section of the working time that can be practically ascertained (Business & Legal Reports, Inc, 2004). An example is when a worker checks in at the workplace as usual and gets to be assigned an additional job. The work done is regarded as insignificant due to the fact that it was limited to that time only.
Therefore, employers should not allow employees to work at extra hours in performing a task because legally, they wil...
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...terminations and firings through proper and legal methods.
Even with the three processes, many people still wonder what employment law is. Lack of awareness is a major setback in the world hence leaving many people unaware of the importance of employment law (Walsh, 2012). Workers and employers in any company should know about the employment law and conform to the rules contained in the laws by constantly practicing them. In order to ensure this, the company should set up educational programs that teach on employment law. With all the parties involved being aware, a great deal of cooperation and hard work is achieved.
Bibliography
Business & Legal Reports, Inc. (2004). FLSA Wage and Hour Self-audit Guide. Nwe York: Business & Legal Reports.
Walsh, D. (2012). Employment Law for Human Resource Practice. London: Cengage Learning.
Bennett-Alexander, Dawn D. & Hartman, Laura P. (2001). Employment Law for Business (3rd ed.). New York: McGraw-Hill Primis Custom Publishing. Downloaded February 4, 2008 from the data base of http://www.eeoc.gov
You are required to work a minimum of 50 hours in a week if you are in management and this is done on a tracking system. You are expected to work two night shifts in a week, weekends and every holiday excluding Thanksgiving,
Key events in the history of labor unions such as the Homestead Strike, Haymarket Square Riot, and Pullman Strike have largely impacted union memberships. The passing of federal laws have also impacted union memberships. Additionally, federal laws have been enacted throughout the years that protect both employers and employees. These laws along with the labor relations, technological advances and globalization have greatly helped shape Human Resources into what it is today.
I hail from Ukraine, the country that is still not a member of the European Union, nevertheless is definitely a European country. Therefore, I have always been interested in the EU laws, policies, priorities, regulations and so on to contrast Ukrainian reality with that of the EU states. Now I live and study in the country I have always had an innate and subconscious love to – the USA, the country known as the country of big opportunities. As the result, I became increasingly interested in the US laws and regulations, in particular employment and labor laws. To combine these two passions I decided to prepare a paper that compares the US and EU labor and employment laws.
The purpose of this paper is to analyze a specific, hypothetical employment situation encountered and to include the information regarding employment conflicts, questions, grievances, lawsuits, etc., in terms of how the situation was handled or resolved. Employment conflicts are a constant issue everyday in any organization; it is how you handle them both legally and professionally that counts.
It is human nature to look out for one’s individual self-interests. This vested interest is what minimizes unjust treatment by other parties and ensures success. Leverage is priceless when presented with an unfair employment scenario. In the case of an employer and employee relationship, too much power on either side can quickly become detrimental. Balancing this power is no easy task and holds no single solution. In this essay, I will propose that the contract at will, or employment at will, is one viable solution that can legitimately benefit both the employer and the employee. My view on this issue is one that is often the minority, as there has been a significant amount of criticism over the contract at will. In a society that is fearful of large and overly powerful corporations, the idea of at will employment can seem absurd to some. Many people believe the contract at will is an easy attempt for corporations to abuse their power against the working man. My arguments that follow will demonstrate how just-cause requirements are not always in the best interests of employees. My defense will include many of the points made by Epstein and other scholars, as well legal cases and my personal opinions. Through the use of the contract at will, I will argue that employment operations can become more efficient and equitable for all parties.
Walsh, D. (2012). Employment law for human resource practice. (4 ed.). Macon: South-Western Legal Studies in Business.
Bennett, Alexander, Hartman (2003), Employment Law for Business, Fourth Edition I., The Regulation of the Employment Relationship, The McGraw-Hill Companies.
Commission for Labor Cooperation (2002) “ United States Labor Law.” Viewed online on 11/18/2004 at http://www.naalc.org/english/publications/labormain.htm
"Coverage of Building Maintenance Employees under the Fair Labor Standards Acts of 1938." The Yale Law Journal 55.2 (1946): 421-28. U.S. Department of Labor Wage and Hour Division. Web. 1 Oct. 2014.
While implementing solutions to the high turnover rate, companies must know and understand the law. The law is created and enforced by the government to prevent any discrimination or biases between the company and employees. It also prevents the strong, corporations, from taking advantage of the weak, employees.
United States of America. National Employment Law Project. National Employment Law Project. N.p., Jan. 2011. Web. 18 May 2014.
Labour and Employment Law. Cincinnati, OH: South-Western Publishing Company.
The Employment Act consists of many regulations which acts as a basis with regards to payment of salary, conditions of service including rest days and working hours and also leave entitlements including sick leave and childcare leave. It serves to protect the basic rights of the employees and even the employers and it is essential for both parties to follow these regulations to avoid any convictions against them. Each part of the Employment Act has its own set of implications and benefits to either parties.
Legal considerations play an important role in how employers and employees interact in the workplace. Common-law doctrines regarding this relationship have been established from many legal decisions made over the course of centuries (Reed & Bogardus, 2012). Common-law doctrines lay the foundation for best practices in employment which provide for both employer and employee safeguards.