Term Paper on "Employment Laws Fair Labor Standards Act (FLSA)"

Term Paper 4 pages (1594 words) Sources: 1+

[EXCERPT] . . . .

Employment Laws

Fair Labor Standards Act (FLSA)

As per SEC 14- of the Fair Labor Standards Act -- FLSA employers are authorized subsequent to obtaining a certificate from the U.S. Dept. Of Labor Wage and Hour Division, to provide special minimum wages - wages lower compared to the Federal Minimum wage to workers having disabilities for the work being performed. The Regulation applicable to FLSA SEC 14 - is contained at 29 CFR Part 525. Under the provisions of FLSA Section 14-, a worker having a disability for the job being performed is stated to be a person whose income earning or efficiency is damaged by a physical or mental disability, which also includes those injuries, connected to age or injury. Disabilities which might impair efficiency of a worker include loss of vision, metal sickness and retardation, cerebral palsy, alcoholism, and drug addiction. (FLSA Section 14-, the Payment of Special Minimum Wages to Workers with Disabilities for the Work being performed)

The Federal Minimum Wage has been fixed at $5.15 per hour which has been in force since 1st September, 1997. Employees below 20 years may be paid $4.25 per hour during their initial 90 successive calendar days of service with an employer. Overtime pay will be 1.5 times an employer's regular pay at the minimum for the total hours devoted above 40 in a workweek. The Department of Labor is empowered to recover back wages, either through administrative action or by way of Court action, in case of employees who have been paid less in infringement of the law. Infringement might attract either civil or criminal action. Penalty up to $11,000 per instance of infringement might be assessed against employers who infringe upon the child labor provisions of the law and up to $1,000 per infringement against employers who intentionally or frequently infringe upon the minimum wage or overtime provisions of pay. This law bans discriminating against or discharging workers who report a complaint or take part in any proceedings under the provisions of the Act. It is worth noting that certain engagements and enterprises are outside the ambit of minimum wage and/or overtime pay provisions and in cases where the state law needs a higher minimum wage, the higher standard is applicable. (General Information on the Fair Labor Standards Act FLSA)

The Department of Labor manages and implements in excess of 180 federal laws. These instructions and laws, which execute them, include a lot of workplace activities for nearly 100 million employers and 125 million employees. These are as follows:

Wages and Hours: - the FLSA imposes standards for wages and overtime pay that impact majority of the private and public employment. The Wage and Hour Division of the Employment Standards Administration -- ESA manage this Act. It needs employers to remunerate covered employees who are not otherwise accepted at the minimum the federal minimum wage and overtime pay of 1.5 the normal rate of pay. In case of nonagricultural operations, it limits the number of working hours which the children below the age of 16 will put in and bans children below 18 years in certain engagements which are considered to be hazardous. (Summary of the Major Laws of the Department of Labor)

Workplace Safety and Health: The Occupational Safety and Health Act -- OSH is implemented by the Occupational Safety and Health Administration -- OSHA. Safety and state of health in a majority of the private industries are governed by OSHA or OSHA approved state systems that even cover employers of public sector. The employers covered under the OSH Act should fulfill the regulations and the safety and health standards circulated by OSHA. Employers even have a general duty under the OSH Act to give work and a workplace which where there is no identified, severe threats. OSHA imposes the by inspections carried out in the workplaces and inquiry.

Workers Compensation: The Longshore and Harbor Worker's Compensation Act -- LHWCA, implemented by ESA's has provision for compensation and medical care for certain maritime employees and to qualified dependent survivors of these employees those who are disabled and lose their life to injuries which happen on the navigable seas of U.S. Or in adjacent areas normally used in loading, repairing or building a ship. (Summary of the Major Laws of the Department of Labor)

Civil Rights Act, 1991: Compensatory damages are provided under Title VII or ADA, in case the employer deliberately practiced unlawful employment under the statues and for the award of penal damages in case the employer resorted to discriminatory practices "with malice or reckless indifference to federally protected rights." As per the provisions of the Act, damage awards are restricted on a sliding scale within $50,000 for employers with between 16 and 100 employees and $300,000 for employers with 501 or more employees. (Employment and Labor- Issues and Answers: Other Federal Statutes)

Age Discrimination in Employment Act (ADEA): The provisions of ADEA safeguards workers who are more than 40 years from discrimination on the basis of their age. ADEA includes every employer engaging 20 or more employees every working day in each of the 20 or more calendar weeks in the current or previous calendar year. The coverage is identical to that under Title VII, even though it is applicable to a bit bigger workforces. Among the solutions available in ADEA claims are reinstatement, front pay, back pay, attorney's fees and not like Title VII, liquidated damages in an amount equivalent to the back pay award for a willful violation. A deliberate infringement happens in case when the employer has acted in a downright negligence of the ADEA. The downright negligence indicates to the employees' rights.

Employment Verification System: It is mandatory that all the employers should have an employment verification system fulfilling the document retention needs and verification needs of the Act. In unambiguous terms this implies that an employer must confirm under the penalty of perjury that an individual is authorized to work on the IRCA by going through the documents establishing the authorization to work in the U.S. And the identity of the worker. (Employment and Labor- Issues and Answers: Other Federal Statutes)

Equal Employment Opportunity Commission (EEOC):

The federal agency authorized with the enforcement of Title VII is the EEOC having offices in every state and is empowered with wide-ranging authority. According to the present federal act an individual is not eligible to bring a suit in court under Title VII unless he/she has in the first place filed a charge with the EEOC who has been unsuccessful in giving a solution to the dispute. The claim of discrimination is filed in a document known as the "charge" on either a form supplied by the EEOC or in the shape of a complaint to be filed subsequently in court. The "charge" must be filed within 180 days of the incident complained of till the EEOC frequently points out to the charges filed to a state agency, wherein the complainant can file within 300 days of the charge. Subsequently, EEOC makes a determination on the issue of whether likely reasons are there to consider discrimination has taken place. In case the EEOC determines that discrimination has taken place, it will either go for reconciliation and/or prosecution of the claim itself or it will issue a 'right to sue' letter to the complainant authorizing that the complainant takes up a suit in the suitable court in the space of 90 days of issuance of the "right to sue letter." (Employment and Labor- Issues and Answers: Equal Employment Opportunity Commission ('EEOC'))

Instance of Employment Protection provided in the State System but not by the Federal System:

Nearly every state in the country has a state law scheme extending at the minimum identical advantages, rights and privileges similar to those in the federal employment… READ MORE

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