Laws are in place for protection. Often one may look at rules and only think that it protects one side but in reality, laws exist to protect everyone involved. Whereas the initial viewing of a law seems to protect a particular demographic, the reality is that laws protect those who need to adhere to said laws as well. In the case of employees and employers as long as everyone follows the rules everyone benefits. The employers have happy employees and the employees can concentrate on work because in no way are they being violated. Following laws creates a harmonious workplace. The importance of being knowledgeable concerning rules is so that no misunderstandings take place. Many laws are in place, and those laws can become even more unclear because of legal jargon by familiarizing oneself with various workplace laws …show more content…
One mistake by an employer can lead to lawsuits that range from frivolous and time-consuming to extremely expensive and time-consuming. Errors concerning labor laws are one of the easiest methods of reducing productivity and costing a company money. Also, an organizational culture that that perpetuates the importance of following all guidelines whether said guidelines pertain to company rules or the various laws of the nation it is important that businesses stay compliant to set the standard among staff and those an organization does business with. Three important rules concerning the workplace are the American with Disabilities Act, the Fair Labor and Standards Act, and the Family Medical Leave Act. The Fair Labor and Standards Act focuses on the issue of pay and ensuring that employees are treated equitably and not overworked and underpaid. Of course, some may feel that they do not make enough money for the job they do
In 1980, a precedent was set in a Michigan court case involving a man named Charles Toussaint who was suing his employer, BlueCross Blue Shield, for wrongful termination based on the guidelines set in the employee manual (Alfred and Bertsche 33). The manual stated that employees would only be terminated for just cause, and the court decided that Blue Cross had violated the agreements in the employee manual (34). The court also ruled that even with Blue Cross’s efforts to provide a document that “issued non-binding guidelines” the employee manual was a contract and Toussiant was wrongfully terminated (34). After the precedent set by this case many employers and employees for that matter were reviewing their employee manuals for the type of ambiguous language that could allow them to get sued or sue. Consequently, a slew of wrongful termination lawsuits followed this one, which is why it is now important for employers to draft their manuals with experienced legal staff. Even with the best legal team and the perfect wording there is still no definite assurance that an employer will be completely protected from such lawsuits, but taking these preventive measures helps in the long run.
... law you can lose your job and you might not be able to find another one. Overall without credibility you will not have a very enjoyable life.
The Fair Labor Standards Act (FLSA) was originally enacted in 1938. The law is enforced by the Wage and Hour Division of the U.S. Department of Labor, and includes 5 major provisions that protect employees. (TEXT) The five provisions include: coverage, minimum wage, overtime pay, youth employment, and record keeping. Coverage refers to the types of workers whom are protected by the FLSA. The FLSA also handles compensation issues like minimum wage, commissions, bonuses, expenses like room and board and other various deductions. To ensure that employees receive adequate compensation for working additional hours the FLSA has developed rules governing overtime pay. The Act also created and implemented rules governing youth
The first legislation I am going to be talking about is the Pay Equity Act. The act was passed in order to restore sex-based wage discrimination in Ontario workplaces. The Equity Act applies to all public sector employees and private. In general the act identifies the rate of pay by comparing payment to female job classes with those paid to male job classes of similar value. In non-unionized workplaces, employers are having the freedom to review the Pay Equity Plan and make recommendations in order to change it. An example of the Pay Equity Act would be if you have a female and male both working as a swampier for an oil field company. They both have the same job responsibilities and work the same hours. If the boss of the company where to pay the male more because he was stronger and in general male and pay the women less that would be a violation. The women would have the right to contact Human Resources and file a complaint against her boss, and get the same rate of pay prior to the male. The Pay equity act in my opinion is important in the workplace because it creates equality and minimizes stereotypes against women in the workplace. You never want to be in a business or visit one that has an awkward atmosphere related to se...
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.
14. Fair Labor Standards Act, www.spartacus.schoolnet.co.uk, 6/11/04 --------------------------------------------------------------------- [1] Fair Labor Standards Act; www.inforplease.com, June 11, 2004.
According to legal dictionary (2013), sexual harassment refers to any form of unwelcome sexual behavior or advances, appeals for sexual errands, and other form of physical or verbal conduct or behavior that portrays sex nature and tends to make the working environment offensive or hostile. Any behavior or remarks that take such forms constitute sexual harassment when: Compliance to such conduct happens either implicitly or explicitly based on employment of an individual, rejection or compliance to such conduct is used to make decisions during employment and when such conduct interferes or affects performance of a person at the workplace. Sexual harassment ta...
...d other employees would benefit by becoming knowledgeable of their rights under the laws of EEOC and corrective or preventive actions would be taken to discourage discrimination. This is why it is so important that an employer must educate management, as well as, employees so that problems, such as, John’s won’t escalade to the point of a complaint being filed within the EEOC administration. Employer’s may lose, as well as, employees and may become devastating where as both parties are negatively affected.
... includes acts protecting most of employees. Besides, there is an enforcement practice of these acts by courts, arbitration courts and governmental institutions (EEOC). The Equal Employment Opportunity Commission plays an important role in protecting employees’ rights. A thorough study of the cases carried out in this work proves that the USA has a well-balanced anti-discrimination system.
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.
Throughout the years the United States has faced many challenges with equal employment opportunities for everyone. The United States has developed The Equal Employment Opportunity Commission, also known as the EEOC, to enforce laws that help prevent everyone from being treated unfairly when it comes to employment options. The EEOC has established stipulations and overlooks all of the federal equal employment opportunity regulations, practices and policies (“Federal Laws Prohibiting Job Discrimination Questions and Answers”). Some laws that have been passed are the Equal Pay Act of 1963, Title VII of the Civil Rights Act of 1964 and Age Discrimination in Employment Act of 1967. Although some discrimination is still a problem, all of these laws have helped the United States citizens become treated more equally in the work force.
Example: an employee intentionally or carelessly breaks a rule at the workplace, e.g. steals company goods
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.
Whitepaper on Employment Practices Liability Employment Practices Liability An often overlooked type of insurance coverage that we recommend but that many fine dining restaurants fail to get is employment practices liability insurance, or EPLI. Unfortunately, claims based on workplace discrimination are on the increase throughout the United States, Canada and other countries. These claims can result from charges of wrongful termination, sexual harassment, discrimination, defamation of character, negligent evaluations, failure to promote qualified workers and invasions of privacy. The number of employment-related lawsuits have topped 100,000 cases in the United States for each of the past three years, according to the EEOC, and suits filed
Therefore, when the employee follows the job schedule, they can prevent work overload because of a systematic system applied by the company. The Civil Rights Act of 1964 also stated the laws to protect discrimination based on colour, age, gender, national origin and religion in the workplace. These laws are designed to make sure every employee is treated fairly in their workplace. In Australia, employers should implement best practice on how to maintain privacy in the workplace in accordance with the privacy standards set out in the Australian Privacy Principles (APPs).