Introduction
Employment laws are necessary for an organization that promotes fairness, productivity, equality, and integrity. Different countries have their employment laws that protect employers and employees. The employment laws are formulated by a country’s legislative body and documented in a constitution. Employment laws define the employer and employee boundaries, ensuring that both parties have a harmonious time at the workplace. Employment laws must be defined for every employee. As a human resource manager for a mid-size company with 200 employees, I am more than willing to ensure that the organization complies with the various employment acts highlighted in the constitution. This paper will analyze eight employment laws and regulations that protect employees and employers and show how my organization adheres to them, highlighting the various measures that would be taken to minimize the issues posed by the eight employment laws.
Fair Labor Standards Act (FLSA)
Brief Description
The Fair Labor Standards Act (FLSA) is the foundation for labour laws in the United States. This law was adopted in 1938, and it aimed at making a comprehensive cover of all employee issues. The law outlines details for the minimum wage cover, compensation of workers in the workplace and the age limit necessary for workers (Bailey et al., 2020). This law covers full-time employees and part-time employees. Another aspect is that the law covers all employees, from federal to state employees. The FLSA was created to ensure uniformity in the labour sector by amending a law covering all labour practices. \
Analysis of Purpose
The law outlines details for the minimum wage cover, compensation of workers in the workplace and the age limit necessary for workers (Bailey et al., 2020). In addition, the law regulates child labour (Bailey et al., 2020). The law protects minors from being exploited by employers and also sets the minimum age for labourers to be allowed to work in any organization.
Adherence Policies
Adhering to the Fair Labor Standards Act and its provisions is a priority of our company. Therefore, we will adopt proactive policies and approaches to fulfill this mandate. First, we shall audit to ensure that all employees have a minimum wage matching their experience and how they are paid. In addition, their overtime pay will also be matched as per the FLSA requirements.
Employee Acknowledgment
As a condition of the onboarding process, we require every new hire to review and confirm their rights and responsibilities under the FLSA by signing a document affirming their agreement to the company’s commitment to abide by wage and hour regulations. Besides, we advocate constant communication and dialogue between employees and the director that covers any issue associated with wage and hour regulations so that the working environment will be free and open.
Conclusion for Minimization of Issues
Through strict enforcement of the FLSA Provisions and robust adherence programs and policies, our organization would be committed to reducing wage dispute problems, penalties for non-compliance violations, taxes, and legal liabilities. Compliance conducts a proactive and consistent oversight of applicable regulations, as well as clear communication and continuous monitoring, serves as a reliable protection measure against potential violations and generates trust and confidence among employees (Bailey et al., 2020).
Title VII of the Civil Rights Act of 1964
Brief Description
Title VII of the Civil Rights Act of 1964 was a breakthrough federal law that made it unlawful to discriminate in hiring, promoting, and terminating employees because of race, colour, religion, sex, or national origin (Bornstein, 2021). This significant legislation applies to private and public organizations with a minimum of 15 workers, including federal, state, and local governments, labour organizations, and employment agencies. The goal of Title VII is to ensure equal employment opportunities and to create a working environment free from practicing discrimination, in which people are considered equals regardless of their race, religion, sex, origin, or other attributes that are irrelevant to their qualification and merit (Bornstein, 2021).
Analysis of Purpose
Title VII’s primary goal is to eliminate discrimination in the workplace and to seal gaps in equality by banning any hiring decision from being made based on protected class features such as race, colour, religion, gender, and national origin (Bornstein, 2021). Title VII seeks to promote equality and ensure that opportunities at the workplace are availed to every worker. These measures bring diversity, inclusiveness, and fairness to the workplace. Additionally, the Act deals with past and current discrimination against employees by encouraging employers to take measures to prevent such acts of discrimination from happening in the future (Bornstein, 2021).
Adherence Policies
Our company shall be committed to maintaining legal compliance with Title VII and formulating policies that seek to avoid acts of discrimination and harassment in the workplace. Also, we shall put posters in various places in the workplace, like the organization corridors, to encourage employees to speak up and report any acts of harassment and abuse at the workplace. Subsequently, we shall deliver regular training sessions for managers, supervisors, and employees to enhance familiarity with Title VII provisions, teach them the importance of diversity and inclusion, and provide employees with the necessary knowledge and abilities to identify and prevent discriminatory practices.
Employee Acknowledgment
As part of the new hires’ onboarding process, we have them review and sign off on their understanding of our organizational commitment and compliance with Title VII and our anti-discrimination and harassment policies. Through this acknowledgment process, our organization can reaffirm that we value the place and give precedence to equality and prohibition of discrimination based on protected characteristics.
Conclusion for Minimization of Issues
To minimize issues related to not complying with Title VII, we would foster practice and training policies and procedures to avoid discrimination, harassment, and unequal treatment-free working environment. We would use a preemptive strategy of creating an inclusive environment based on respect and equality to help us avoid discrimination and foster respect and performance. By adopting the social principles and ideals represented in Title VII, we express our faith in pure standards of moral practice, equality, and the esteem of each group in our organization. It builds a workplace culture of harmony, inclusion, and productivity based on law and organizational values (Bornstein, 2021).
Americans with Disabilities Act (ADA)
Brief Description
The Americans with Disabilities Act (ADA) is a significant piece of federal legislation passed in 1990 (Aldousari et al., 2021). The law highlights that all persons with disabilities should be treated like the rest of the people and that discriminating against them based on their physics is illegal. The specific ADA rule that protects people with disability at work is the Title 1 portion, which prevents employers with 15 or more employees from discriminating against individuals with disabilities. It highlights that these people should be included in job application procedures, hiring, firing, job training, compensation, and promotion (Aldousari et al., 2021).
Analysis of Purpose
The primary purpose of the law is to promote the acceptance of people with disability into society as ordinary people who can participate in all activities, including employment tasks, just like any other person in society (Aldousari et al., 2021). By establishing a legal framework, the ADA seeks to protect the interests of people with disabilities and eradicate the barriers that can deter them from involvement in community and national matters.
Adherence Policies
To maintain and preserve the ADA principles of equal opportunities and accessibility in our company, we shall implement comprehensive adhering policies and practices throughout the organization. Therefore, our management will set up an ADA compliance program. The program contains the development and distribution of an ADA policy statement, selection of an ADA coordinator whose responsibility is to supervise the compliance procedures, and provision of training programs to managers, supervisors, and employees to make them aware of the ADA regulations and the necessity of respecting inclusion and reasonable accommodation.
Employee Acknowledgment
During orientation, all new employees must confirm their knowledge of our company’s pledge to comply with the ADA and review our policies and procedures for disability accommodation and inclusive environments. This recognition process re-enforces our organization’s values and the mission of building an inclusive working environment where people with disabilities are accorded the same respect and even chances as other employees to succeed and excel.
Conclusion for Minimization of Issues
Our company will ensure conformity with the ADA and provide stringent observance procedures, practices, and training to make the problems related to disability discrimination, accessibility obstacles, and unequal terms of treatment minimum for the employees. Our proactive way of ensuring equal opportunities, offering appropriate accommodations, and raising consciousness about disability issues protects against unequal treatment, contributes to employees’ engagement and satisfaction, and improves operations, innovation, and organizational reputation.
Family and Medical Leave Act (FMLA)
Brief Description
The federal government signed the Family and Medical Leave Act (FMLA) into law in 1993 to give eligible employees up to 12 weeks of unpaid protected leave annually for definite family and medical situations (Donovan, 2020). These reasons may be the expansion of the family by welcoming a newborn, the placing of a child for adoption or foster care, providing care for an immediate relative with a critical health condition, or the employee’s health condition, which would render the individual incapacitated to deliver the duties of the job. The FMLA aims to meet the needs of the workplace and those with families or individuals who face severe health conditions, allowing them to take leave without jeopardizing their jobs or benefits (Donovan, 2020).
Analysis of Purpose
The primary reasons for implementing the FMLA are boosting personal and family life balance, ensuring worker job protection, and providing employee benefits in medical conditions, significant life events, and personal or family emergencies (Donovan, 2020). With the creation of a legal procedure that extends entitled employees the fair chance to take unpaid leave for qualified reasons, the FMLA tries to ease the pressure and financial problems associated with the reconciliation of work and family life, caregiving duties, and personal health problems.
Adherence Policies
Our organization will adhere to the fundamental principles of the FMLA, like work-life balance, family support, and job protection, by applying streamlined policies and practices for compliance. We will develop an FMLA policy explaining the main criteria for eligibility, reasons for qualifying for leave, notification and documentation requirements, and the process for requesting and approving the leave. Moreover, the company will appoint an FMLA coordinator in charge of the compliance process, assisting employees and managers and ensuring the FMLA is consistently and fairly implemented throughout the organization.
Employee Acknowledgment
During the onboarding process, all employees would be asked to sign a document describing our company’s FMLA policy and their rights and responsibilities. This document also reveals the process of requesting and taking FMLA leave. Through this acknowledgment process, we will confirm our determination to foster work-life balance, family well-being, and personal health while complying with FMLA’s requirements. Additionally, we would provide employees with a platform of open communication, trust, and collaboration between themselves and management, where they are informed and empowered to take a holistic approach to their health, family, and personal lives without any fear of retaliation or adverse employment outcomes.
Conclusion for Minimization of Issues
Compliance with FMLA combined with implemented firm policies, practices, and training programs helps our company prevent potential problems with leave management, employee retention, and work-life sustenance. Our proactive approach would be helping employees with their needs, providing them with clear guidance and assistance, and creating an atmosphere of empathy, understanding, and flexibility, which is a safeguard that prevents FMLA violations, creates higher staff loyalty and satisfaction, and boosts productivity, morale, and reputation.
Occupational Safety and Health Act (OSHA)
Brief Description
The Occupational Safety and Health Act (OSHA) was a federal regulation in 1970 to guarantee that the worker’s mental, physical, and general well-being is protected while at the workplace (Rosner & Markowitz, 2020). OSHA applies to all workers, including those in the public and private sectors. The Act requires employers to provide employees with a workplace free from recognized hazards that could lead to death or serious physical injury, including exposure to toxic chemicals, mechanical dangers, unsanitary conditions, excessive noise levels, and other occupational dangers (Rosner & Markowitz, 2020).
Analysis of Purpose
The central goal of OSHA is securing workers’ safety and health, as it is intended to promote proactive measures for the prevention of hazards, the identification and evaluation of risks, and the implementation of safety and health programs in workplaces (Rosner & Markowitz, 2020). OSHA creates a legal framework that prioritizes the employees, intending to reduce the number of injuries, illnesses, and fatalities, increase morale, productivity, and retention of the workers, and promote the culture of safety and health valued throughout the organization.
Adherence Policies
Our company shall adopt comprehensive measures and specific rules to comply with OSHA and align with its workplace safety and health responsibilities. The HR will set an OSHA compliance program, which will be established by the HR at our organization, with the development of a safety and health policy document. This policy document has been implemented, and a qualified safety officer or committee is responsible for overseeing compliance efforts at the workplace.
Employee Acknowledgment
At the onset of employment by our organization, everyone would be required to go through the document review and acknowledgment process in which they have to understand and agree with the commitment of the company to comply with the OSHA regulations, safety and health policies, and also their roles and responsibilities as employees to maintain a safe and healthy work environment. The acceptance process in this situation would serve as a legal obligation between the leadership and the employee, strengthening our work for employees’ safety and health and upholding the OSHA requirements and standards.
Conclusion for Minimization of Issues
By strictly adhering to OSHA regulations and practicing full implementation of compliance programs and training, our organization aims to preempt safety and health issues, such as accidents, injuries, and non-compliance with the health and safety regulations. Our safety team’s proactive approach in recognizing, evaluating, and controlling any workplace hazards, offering practical safety training and education, and cultivating a culture of mutual responsibilities and accountability become the best safety precautions to prevent work-related incidents, which, in turn, improves employee morale, job engagement, and satisfaction as well as enhances organizational performance and reputation.
Equal Pay Act (EPA)
Brief Description
The Equal Pay Act (EPA) is a federal legislation promulgated in 1963 in addition to the Fair Labor Standards Act (FLSA) (Will, 2022). Under EPA laws, businesses cannot discriminate in paying employees of one gender less than employees of another gender for equal work in jobs that require equal skills, efforts, and responsibilities and are performed within similar working conditions. The law applies to all employers doing interstate business or producing goods for interstate business, including compensation, salary overtime pay, bonuses, stock options, profit sharing, and benefits (Will, 2022).
Analysis of Purpose
The primary goal of the Equal Pay Act (EPA) is to address and resolve the issue of wage discrimination which is based on gender by favoring the principle of equal payment for equal work, thus assuring equal levels of treatment and by refusing to let gender-based wage disparity and inequality exists in the workplace (Will, 2022). The introduction of a regulatory system that allows employers to assess and compensate workers based on their knowledge, qualifications, and occupational roles in place of gender is the goal of the Equal Pay Act.
Adherence Policies
To fully conform with the Equal Pay Act (EPA) and apply the principles of pay equity, fairness, and transparency, our company shall develop comprehensive adherence policies and procedures. Our formal pay equity policy will set the ground for equal pay for similar jobs. Additionally, the company will formulate a criteria to evaluate compensations and ensure that the finance team deals with previous unpaid dues. Moreover, managers and the Hr team will undergo training to equip them with knowledge on assessing payments, avoiding discrimination and ensuring preventing any violation of EPA.
Employee Acknowledgment
When joining the organization, all employees must review and understand our company’s compliance with the Equal Pay Act (EPA), the pay equity policy, and the principles of equal work. Accepting the contract will restate our vison and values to the employees. It will help the employees also practice inclusivity, respect, and devotion to equality in the workplace. Moreover, we emphasize accessible communication, cooperation, and the participation of employees at all levels to detect and resolve problems related to pay disparities, create transparency in compensation practices, and contribute to enhancing fair wages and the overall organization’s performance.
Conclusion for Minimization of Issues
With a focus on EPA compliance, our organization follows strict adherence policies. It conducts training programs to eliminate problems arising from discriminatory practices or non-compliance to the regulations governing the issue. Our proactive stance on pay equity, pay audits, pay transparency, fairness, inclusivity, and equality is a safeguard to avoid wage inequality and foster employee morale, engagement, and motivation, contributing to better company reputation and performance.
Age Discrimination in Employment Act (ADEA)
Brief Description
The Age Discrimination in Employment Act, or ADEA, was passed in 1967 and is a federal law that forbids discrimination based on age in employment opportunities for individuals 40 years old (Layoof & Policy, 2020). ADEA covers employers with twenty or more workers, including federal, state, and local governments, labor organizations, and employment agencies. The Act guarantees older workers equal opportunity against age-related job practices such as recruitment, promotion, pay, job duties, training opportunities, dismissal, and layoffs (Layoof & Policy 2020).
Analysis of Purpose
The fundamental aim of the ADEA is to ensure that older workers are free from age-based discrimination, including stereotypes, and to promote equal employment chances irrespective of age; besides, the Act seeks to see that the work environment respects and appreciates the experience, skills, and contribution of older employees (Layoof & Policy, 2020). The ADEA aims to end discrimination against older workers based on age by creating a legal system that does not allow unfair practices, thus removing difficulties and prejudice that keep older workers from enjoying employment, advancement, and retention opportunities.
Adherence Policies
Our company has adopted whole compliance policies and practices to comply with the ADEA and adhere to its age equality and non-discrimination principles against older workers. We have developed an age diversity and inclusion policy demonstrating our commitment to creating a diverse, inclusive, and age-friendly workplace. We have clear and transparent criteria for evaluating employment and making decisions based on merit, qualifications, and achievements, not age-related factors.
Employee Acknowledgment
Through our onboarding process, all staff should go through carefully vetted documents on our company’s ADEA compliance, age diversity and inclusion policy, and employees’ rights and responsibilities. This confirmation of the process becomes a confirmatory agreement between the employer and employee that the task of promoting age equality, preventing age discrimination, and creating an organizational culture built on fairness, respect, and inclusivity in employment practices within our organization will be carried out.
Conclusion for Minimization of Issues
Through the ADEA compliance emphasizing and robust compliance policies, procedures, and training, our company aspires to reduce the possibilities of age discrimination issues, biases, and regulatory failures. The combination of our strategy for age discrimination prevention through promoting age diversity and inclusion, conducting regular compliance reviews and audits, providing age-related bias and discrimination training, and fostering a culture of respect, fairness, and equal opportunity serves as a proactive barrier against age discrimination, boosts the well-being, engagement, and happiness of all employees, and contributes positively to both organizational image and performance.
National Labor Relations Act (NLRA)
Brief Description
The National Labor Relations Act (NLRA) was amended in 193 (Daneri & Thomas, 2022). The Act protects the creation of unions and associations by employees. These associations are formed by employees to address, advocate, and bargain for fair practices or pressing issues by workers. Additionally, these associations or unions represent the respective workers whenever there is an issue to be addressed by the various ministries (Daneri & Thomas, 2022).
Analysis of Purpose
The primary goal of the NLRA is to balance the needs of employers with those of employees by allowing employees to raise their issues (Daneri & Thomas, 2022). The law allows employees to advocate for pressing issues in the organization. The NLRA allows employees to enjoy their rights and safeguards them from any harassment from employees (Daneri & Thomas, 2022). This law enhances employees’ productivity by empowering them to bargain for fair wages and decent working conditions.
Adherence Policies
Ensuring that the NLRA law is followed to the maximum, our organization shall document the Act in our crucial documents for current and future management. We will also encourage workers to join these movements and unions to ensure that they are content with the respect that the organization accords them. Additionally, we will allow the NLRB to come and approve that the law is already working to its fulfillment.
Employee Acknowledgment
New employees are required to review and acknowledge the company’s compliance with NRLA. Additionally, they are explained how the law works and assured that they are free to join any union.Besides, we implement open interaction, collaboration, and participation to enable employees from all levels of business to discuss any concerns or questions related to labour relations, share their feedback, and contribute to the improvement initiatives targeted at improved workplace harmony, increased staff engagement, and organizational success.
Conclusion for Minimization of Issues
Our company aspires to minimize the risks of unfair labour practices, labour conflicts, and legal non-conformance by ensuring compliance with the National Labor Relations Act and executing regular adherence verifications. We have a proactive approach to labour relations in which we encourage collective bargaining and respect the rights of employees, and this has helped safeguard the organization from labour rest; there is increased morale among the employees, engagement, and satisfaction, and also the organization’s performance and reputation are positive.
Conclusion
Every law aims to ensure the workers ‘welfare and dignity and a just, non-discriminatory, and efficient work environment. By acknowledging and committing to these regulations, organizations can prevent legal issues, adhere to rules, and gain a culture that supports diversity, equity, and mutual respect. Adopting employment laws, principles, and values is indispensable to establishing a balanced and prosperous work environment that accommodates the leg organization’s necessities. The regulatory landscape of employment law is constantly changing, so it is imperative for employers to be proactive and flexible and to adhere to the highest standards of ethics, social responsibility, and human resources management to address the complexities and challenges of today’s multi-ethnic workplace.
References
Aldousari, A., Alghamdi, A., & Alwadei, H. (2021). The 1991 Americans with Disabilities Act (ADA) standards for accessible design. Am. Res. J. Humanit. Soc. Sci, 4, 59-62.https://www.arjhss.com/wp-content/uploads/2021/01/I415962.pdf
Bailey, M. J., DiNardo, J., & Stuart, B. A. (2020). The economic impact of a high national minimum wage: evidence from the 1966 Fair Labor Standards Act (No. w26926). National Bureau of Economic Research.https://www.journals.uchicago.edu/doi/abs/10.1086/712554?casa_token=ksIQRWTWA0gAAAAA:E1gGTJE9l0fjw89fsuO01EDzBavPCe_Wuc3xrHKzhwvxqhULxq8UQSeO_KNFg8WdIJuaYMzAC9fO
Bornstein, S. (2021). Disclosing Discrimination. BUL Rev., 101, 287.https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/bulr101§ion=8
Daneri, J. D. R., & Thomas, P. A. (2022). Wrong Line: Proposing a New Test for Discrimination under the National Labor Relations Act. U. Mich. JL Reform, 56, 1.https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/umijlr56§ion=5
Donovan, S. A. (2020). Paid family and medical leave in the United States. Congressional Research Service, 44835.https://www.everycrsreport.com/files/20200219_R44835_0ebe161f175b8bc1c0ffd7cf213028a03fe2bf5d.pdf
Layoff, J., & Policy, P. (2020). TITLE Age Discrimination on the Job.[and] Age Equity in Employment: A Checklist for Employers. INSTITUTION American Association of Retired Persons, Washington, DC PUB DATE 94.https://eric.ed.gov/?id=ED400367
Rosner, D., & Markowitz, G. (2020). A short history of occupational safety and health in the United States. American journal of public health, 110(5), 622-628.https://ajph.aphapublications.org/doi/abs/10.2105/AJPH.2020.305581
Will, J. H. (2022). Following in the Footsteps of Fair Pay: The Case for Exempt” Time Transparency” and the Mandatory Disclosure of White-Collar Work Hours. Geo. JL & Pub. Polly, pp. 20, 671.https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/geojlap20§ion=30
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