Essay Sample on Federal and State HR Laws

Introduction

ABC Company job qualification requirement of high school diploma is said to be unlawful because it violates the Age Discrimination in Employment Act of the year 1967 that protects people who are 40 years and above. The act suggests that it is unlawful for any employment requirement to ask the job applicant to produce any proof of their age inform of birth certificate or other question that identifies an applicant over the age of 40. (Buckman, 2006). This act protects individuals by promotion, hiring, compensation, discharge, or any terms and condition of employment.

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ACME products which have been found to have promotional practice history that has resulted in no minority supervisors are said to have violated federal equal employment law. This is regarded as unintentional discrimination as in legal term; this conduct has a disparate impact on individuals or members of a given protected class. The company will be held liable for employment discrimination because business conduct affects the minority. Workplace employee discrimination refers to state or federal laws that prohibit a company or an employer from treating workers differently on certain qualities that are unrelated to job performance.

Rylie who is a 35 years old female who faces discrimination of a job offers from ACME product company for being a female, filed a discrimination complaint. However, to be successful in this case, she has to show that the reason that excludes female applicants from that position is that the employer 's discrimination is so strong towards females applicants because of the nature of job and sex of the employees regarding the fact that the job position is of managerial level. However, the AMC products company will have to defend themselves on facts that include; lack of interest, and business necessity. By employing male workers in the organization, the company may suggest that there are no female workers who are interested in the job offer because of the complexity of the job. On the job necessity fact, the company may defend the type of job and show that an employer must adhere to the job requirement of being able to lift 75 pounds repeatedly and show the court how this is related with the job, and it's consistent with the necessity of the business.

Title VII act defines an employer as an Act purpose and as an entity. Employers covered by Title VII and the Americans with Disabilities Act laws are those with 20 or more employees, local and state government, labor unions, employers agent, employment agencies and labour joint management committees.

The Fair Labor Standard Act exempts Nancy who is a vice president of anchor industries from being paid overtime; Nancy is classified as an exempt employee because she is classified under administrative position (Gibson, 2005). Moreover, my response would have been similar if she wouldn't have employees working under her because if Nancy could not have employees working directly under her, she would still hold her title in the position that qualifies her to be in the exempt category

Nancy who works as a part-time worker for ABC company who requires for a leave must adhere to Family and medical leave act that ensures eligible employees takes about 12 weeks of unpaid leave on an annual basis. Regarding the fact that they are part or full-time employees, they must have worked for a year in a company that has atleast50 employees and has worked 1250 hours during the same year of taking the leave.

Jean who is a full-time employee at ACME products wishes to take eight weeks to leave under the Family Medical Leave Act for her to care for her teenage daughter. As an employer, under FMLA she requires certification from the health care provider or the doctor and a 30 days prior leave notice. However, if the health condition nature makes advance impossible the employee should still inform the employers immediately as is practical.

The case of Mike who works as a Full-time Warehouse manager at ACME products who request for a paternal leave and then extends his leave and is temporarily transferred from his position with the same pay is considered as a legal act under FMLA Acts. FLMA regulation 825.204 section A. The Section states that if an employee requires reduced intermittent leave based on medical treatment that is planned by family member, employee of a spouse, sibling or parent or is the employer agrees to an intermittent leave for child's birth, the employer may ask for the employee to temporary shift to an available position that the employee may be qualified in.

For the purpose of (WARN) Worker Adjustment and Retraining Notification, the term mass layoff means reduction of force which leads to loss of employment of 500 or more employees in a period of 30 days or a loss of 50-499 employees who make up at least 33% of active employer's workforce and not a result of plant closure.

ACME products downturn is seen as a struggle and this business which is struggling face an issue on whether they should give notice to their employees since closure is not permanent. The other implication is this notice will hasten the company impair or decline effort for the company sale. (Walsh, 2010). Moreover, if the company fails to give notice to employees, employers should pay on a full day's benefits and pay that is up to 60 days back pay. Employers are also liable for a penalty worth $500 daily for violation of Warn Acts up to a maximum of $30000.

Immigration Reform and Control Act differ from Title VII regarding disparate impact. Immigration Reforms and Control Act prohibits citizenship or national origins discrimination except for illegal immigrants of employers by having four or more employees. But Title VII Act ion prohibits discrimination against color, race, sex, origin, and religion. This act applies to employers with employees working for 20 or more weeks in a year and are 15 or more. This act applies to local government, state, labor unions, employment agencies and US citizens employed by the US controlled or owned companies in foreign countries. In proofing cases of disparate impact, IRCA requires that adverse action be intentionally and knowingly discriminatory. While In Title VII does not require any discriminatory intent proof.

Immigration Reform and Control Act establishes an employment eligibility verification that requires an individual to provide approved documentation which verifies him or her the right to work and be employed in the US. This law enables it illegal to hire, recruit or refer for hire an authorized alien. It also prohibits discrimination on citizen status and origin basis. (Baldwin, 1996). This act helps in limiting employment of the unauthorized worker. However, in this case of a newly employed person being asked for a permanent residence card and school id with photo, I feel that these documents are sufficient for verification. Moreover, the reason why the employer requested the employee for the two documents because the law requires him to have any of Unexpired passport, or foreign passport with 1-551 stamp, a permanent residence card, or alien registration receipt. A valid employment authorisation card is containing a photo or valid foreign passport containing non-immigration status with form 1-94.

Anna Bookkeeping service that has a policy of hiring Americans only is considered to be violating the Immigration Reform and Control Act. The act requires the employer to confirm that the employees can work in the US legally. This confirmation affirms that employers should ensure that they give a 1-9 form for newly employed regardless of their nationality or Citizenship status. However, these new employees should fit into any of the legal workers' four categories of either being US lawful permanent resident, non-citizen national, citizen or alien who is authorized to work. The act also requires that the employer avoid any discrimination based on the immigration status of the employees. This act requires employers should not employ or ask a new employee for citizenship or immigration document before making a job offer.

Right that Labor Management Relations Act of 1947 provides for a commerce's full flow in prescribing the employers and employees legitimate rights in issues that affect their commerce. In order to provide peaceful and orderly procedure that prevents interference of legitimate rights that protects employees individual rights in their relations with labor organizations where its activity affects commerce, and to proscribe and define some practices on the management and labor part which affects commerce and in general welfare of inimical and in protecting public rights in connection with some labor disputes which affects commerce. (Cihon & Ottavio, 2016).The labour management union amendment prohibited unions of taking advantages of the employees through charging members excess membership or initiation fees. This acts also prohibited unions from causing employers to pay for a work that the member did not do. The other amendment is an employer's free speech clause where this act recognizes that the employers have the right to air their opinions or views about any labor issues.

Wagner Act guarantees employees the right to outline and organize a legal framework for management and labour relations. I feel that in this case of ACME products wanting to renegotiate with its union employees over wage scale, by the union refusing to renegotiate with the company it will have violated the Wagner law that prohibits refusal of labor union to bargain collectively with employees or company representative. Wagner act is bound by a rationale that the bargaining power inequality between employees that do not have freedom of association and employers organized into corporate structures burdens commerce flow and aggravates the situation of depression through keeping rates of wage artificially low and reduce employee's purchasing power. The act created a federal administrative agency known as the NLRB national labor relation board to enforce and administer unfair labor practice. An Affirmative duty of labor union to collectively bargain and the obligation to do that role in good faith was devolved on labor organizations with 1947 Taft Hartley amendments to the Wagner Act.

Conclusion

For many days of much-debated antitrust legislation to the enactment of less controversial Taft Hartley Act, the federal labour law never attempted to regulate union's internal operations, daily affair conducts, financial operations or the workers' rights controversial questions against rights of the workers against union and union officials. However, Labor-Management Reporting and Disclosure Act has what federal labour laws did through providing for a labour's bill of right and in a provision that relates to trusteeships, disqualification of holding a union office, union elections, Union officer's fiduciary responsibilities, etc.

References

Buckman, J. (2006). Fire chief's desk reference. Boston: Jones and Bartlett Publishers.

Gibson, P. (2005). Administrative office management complete course (13th ed., p. 184). Boulevard: Southern Western Cengage.

Walsh, D. (2010). Employment Law For Human Resource Practice (4th ed.). Boulevard: Cengage Publishers.

Baldwin, D. (1996). The Academic Librarian's Human Resources Handbook. Employer Rights and Responsibilities. Colorado: Libraries Unlimited, Inc.

Cihon, P., & Ottavio, J. (2016). Employment and labor law (p. 787). Boston: Cengage Learning.