Case Study: Employment Law Compliance Plan For Landslide Limousines
Memorandum
To: Bradley Stonefield
CC: Traci
From: Jason White
Date: August 1, 2014
Subject: Employment Law Compliance Plan for Landslide Limousines
As a Texas employer, you have to comply with not only Federal, but also State, and City regulations. This compliance plan is focused in employment law and will guide you throughout the Federal laws, Texas employer requirements, and also ordinances created by the City of Austin to regulate businesses. The compliance plan for Landslide Limousines will be focusing in the following laws; The Age of Discrimination in Employment Act (ADEA), Title VII of the Civil Rights Act of 1964, American with Disabilities Act of 1990 (ADA), The Equal Pay Act of 1963, Drug-Free Workplace Act of 1988, …show more content…
The Texas Labor Code Anti-Discrimination Provision, Texas Minimum Wage Act, The Texas Workers’ Compensation Act, and the Occupational Safety and Health Act.
The Age of Discrimination in Employment Act is a federal law that provides protection to employees against discrimination, during the hiring process Landslide Limousine cannot discriminate people because of his or her age, individuals who are 40 years old and above will not be excluded from any interview process, and will need to be considered to perform any task within the organization; it is illegal to accommodate wages and benefits for younger employees and exclude the elderly. ADEA covers basic compensation plans, terms and conditions of jobs and others privileges of employment. Failure to comply this Act may expose Landslide Limousine to liability including lawsuits, penalties and fines.
Title VII of the Civil Rights Act of 1964 prohibits discrimination based on individual 's individual 's race, color, religion, sex, or national origin. Landslide Limousine will avoid any employee favoritism within the organization treating employees as equal. Unlawful activities will be penalized for $1,000.00, or more is charged or the imprisonment of no less than one year ("Title VII of The Civil Rights Act of 1964", n.d.). Additionally the City of Austin provides protection on nondiscrimination based on sexual orientation and gender identity. The comply of this act reduces the risk of possible lawsuits. Recently, the east Texas oilfield and industrial equipment (Lufkin) was obligated to pay more than $3 million in back wages to a group of approximately 900 employees who claim they were victims of race discrimination. (“Race Discrimination Cost Lufkin a Cool $3 Million,” 2014) Violations like this can result in serious financial problems that a small business cannot afford.
The American with Disabilities Act of 1990 prohibits employers from discriminating against a qualified individual.
Landslide Limousines intends to have more than fifteen employees and therefore subject to comply with the American with Disabilities Act of 1990. Disability is a physical or mental impairment that substantially limits one or more major life activities, such as walking, talking, seeing, hearing, or learning. (Cascio, 2013, "Chapter 3, The Legal Context of Employment Decisions"). For any reasons, the organization cannot discharge, terminate or hire employees because of disabilities. Landslide Limousine will provide reasonable accommodations to employees under ADA requirements.
The Equal Pay Act of 1963 prohibits employers to give lower pay wages based in sex in the job performance that requires equal skills, effort, and responsibility. Landslide Limousine needs to set up a standard rate to pay all employees as equal. Failure to comply this regulation the organization will be subject to a fine of not more than $10,000, or to imprisonment for not more than six months, or both ("The Equal Pay Act Of 1963", …show more content…
n.d.).
Drug-Free Workplace Act of 1988 is a federal law, which allows private employers to adopt drug and alcohol policies for their workers due to the nature of service provided. The company will comply with the provisions of drug-free workplace act of 1988 and U.S. Department of Transportation in drug-free workplace in demonstrate compliance with the provision of the law when entering into contracts with any government entities or agencies.
The Texas Labor Code is a state law that reinforces Title VII, by protecting employees against discrimination based on sex, national origin, race, pregnancy, color, religion or disability; there are some unique factors, which standout.
Certain classes are more highly protected; foreign language speakers, sex discrimination, immigration laws, sexual harassment and pregnancy discrimination (Labor And Employment Laws In The State Of Texas, 2013)
The Texas Minimum Wage Act State of Texas establishes a minimum wage rate for non-exempt (hourly) employees and requires employers to provide each employee with a written earnings statement in every paycheck (Texas Workforce Commission, n.d.). Landslide Limousine is obligated to pay its employees a minimum wage rate of $7.25 in order to comply with the federal minimum wage. Salary employees can be paid once a month, and Non-exempt must be paid at least twice per month. The Texas Workers’ Compensation Act allows private employers to choose whether or not to carry workers; compensation insurance coverage, however, Texas employers who carry and who do not carry workers ' compensation insurance coverage are required to comply with certain reporting and notification requirements under the Texas Workers ' Compensation Act ("Understanding the Texas Workers ' Compensation Act,"
2014).
OSHA is a federal law that rules occupational safety and health (Occupational Safety and Health Administration, n.d.). This act is to make sure that employers provide a safe workplace environment. Landslide Limousine will need to maintain a compliance plan to address occupational safety applicable to an operator (drivers) for hired vehicles. A compliance plan will address safety standards as they relate to operational wordiness of vehicles.
The knowledge of these employment laws is vital for any organization, because it reduces the risk of possible lawsuits and increases credibility. Unlawful activities will lead Landslide Limousines to a possible failure that in the worse scenario could result in critical financial problems. A compliance plan will guarantee Landslide to operate in accordance with federal, state and city regulations. Constantly training will increase knowledge, promote detection and will help employees report problems before they occur.
I know this is a lot to process, but if you have any questions, please do not hesitate to contact me,
Jason White
Human Resources Manager
References: Title VII of the Civil Rights Act of 1964. (n.d.). Retrieved from http://www.eeoc.gov/laws/statutes/titlevii.cfm
Cascio, W.F. (2013). Managing Human Resources: Productivity, Quality of Work Life, Profits, (9th ed.). Retrieved from The University of Phoenix eBook.
Race Discrimination Cost Lufkin a Cool $3 Million. (2014, January). HR SPECIALIST, Special Issue (n.d.), 5. Retrieved from http://nr.nlh1.com/issues/samples/HRTXSample.pdf
Especially for Texas Employers. (n.d.).
Retrieved from http://www.twc.state.tx.us/news/efte/efte.pdf
The Equal Pay Act of 1963. (n.d.). Retrieved from http://www.eeoc.gov/laws/statutes/epa.cfm
Texas Workforce Commission. (n.d.). The Texas Minimum Wage Act.
Retrieved from http://www.twc.state.tx.us/ui/lablaw/texas-minimum-wage-law.html#currentWage
Understanding the Texas Workers ' Compensation Act. (2014, January). HR SPECIALIST, Special Issue (), 6. Retrieved from http://nr.nlh1.com/issues/samples/HRTXSample.pdf
Occupational Safety and Health Administration. (n.d.). Motor Vehicle Safety.
Retrieved from https://www.osha.gov/SLTC/motorvehiclesafety/index.html
To: Bradley Stonefield
CC: Traci
From: Jason White
Date: August 1, 2014
Subject: Employment Law Compliance Plan for Landslide Limousines
As a Texas employer, you have to comply with not only Federal, but also State, and City regulations. This compliance plan is focused in employment law and will guide you throughout the Federal laws, Texas employer requirements, and also ordinances created by the City of Austin to regulate businesses. The compliance plan for Landslide Limousines will be focusing in the following laws; The Age of Discrimination in Employment Act (ADEA), Title VII of the Civil Rights Act of 1964, American with Disabilities Act of 1990 (ADA), The Equal Pay Act of 1963, Drug-Free Workplace Act of 1988, …show more content…
The Texas Labor Code Anti-Discrimination Provision, Texas Minimum Wage Act, The Texas Workers’ Compensation Act, and the Occupational Safety and Health Act.
The Age of Discrimination in Employment Act is a federal law that provides protection to employees against discrimination, during the hiring process Landslide Limousine cannot discriminate people because of his or her age, individuals who are 40 years old and above will not be excluded from any interview process, and will need to be considered to perform any task within the organization; it is illegal to accommodate wages and benefits for younger employees and exclude the elderly. ADEA covers basic compensation plans, terms and conditions of jobs and others privileges of employment. Failure to comply this Act may expose Landslide Limousine to liability including lawsuits, penalties and fines.
Title VII of the Civil Rights Act of 1964 prohibits discrimination based on individual 's individual 's race, color, religion, sex, or national origin. Landslide Limousine will avoid any employee favoritism within the organization treating employees as equal. Unlawful activities will be penalized for $1,000.00, or more is charged or the imprisonment of no less than one year ("Title VII of The Civil Rights Act of 1964", n.d.). Additionally the City of Austin provides protection on nondiscrimination based on sexual orientation and gender identity. The comply of this act reduces the risk of possible lawsuits. Recently, the east Texas oilfield and industrial equipment (Lufkin) was obligated to pay more than $3 million in back wages to a group of approximately 900 employees who claim they were victims of race discrimination. (“Race Discrimination Cost Lufkin a Cool $3 Million,” 2014) Violations like this can result in serious financial problems that a small business cannot afford.
The American with Disabilities Act of 1990 prohibits employers from discriminating against a qualified individual.
Landslide Limousines intends to have more than fifteen employees and therefore subject to comply with the American with Disabilities Act of 1990. Disability is a physical or mental impairment that substantially limits one or more major life activities, such as walking, talking, seeing, hearing, or learning. (Cascio, 2013, "Chapter 3, The Legal Context of Employment Decisions"). For any reasons, the organization cannot discharge, terminate or hire employees because of disabilities. Landslide Limousine will provide reasonable accommodations to employees under ADA requirements.
The Equal Pay Act of 1963 prohibits employers to give lower pay wages based in sex in the job performance that requires equal skills, effort, and responsibility. Landslide Limousine needs to set up a standard rate to pay all employees as equal. Failure to comply this regulation the organization will be subject to a fine of not more than $10,000, or to imprisonment for not more than six months, or both ("The Equal Pay Act Of 1963", …show more content…
n.d.).
Drug-Free Workplace Act of 1988 is a federal law, which allows private employers to adopt drug and alcohol policies for their workers due to the nature of service provided. The company will comply with the provisions of drug-free workplace act of 1988 and U.S. Department of Transportation in drug-free workplace in demonstrate compliance with the provision of the law when entering into contracts with any government entities or agencies.
The Texas Labor Code is a state law that reinforces Title VII, by protecting employees against discrimination based on sex, national origin, race, pregnancy, color, religion or disability; there are some unique factors, which standout.
Certain classes are more highly protected; foreign language speakers, sex discrimination, immigration laws, sexual harassment and pregnancy discrimination (Labor And Employment Laws In The State Of Texas, 2013)
The Texas Minimum Wage Act State of Texas establishes a minimum wage rate for non-exempt (hourly) employees and requires employers to provide each employee with a written earnings statement in every paycheck (Texas Workforce Commission, n.d.). Landslide Limousine is obligated to pay its employees a minimum wage rate of $7.25 in order to comply with the federal minimum wage. Salary employees can be paid once a month, and Non-exempt must be paid at least twice per month. The Texas Workers’ Compensation Act allows private employers to choose whether or not to carry workers; compensation insurance coverage, however, Texas employers who carry and who do not carry workers ' compensation insurance coverage are required to comply with certain reporting and notification requirements under the Texas Workers ' Compensation Act ("Understanding the Texas Workers ' Compensation Act,"
2014).
OSHA is a federal law that rules occupational safety and health (Occupational Safety and Health Administration, n.d.). This act is to make sure that employers provide a safe workplace environment. Landslide Limousine will need to maintain a compliance plan to address occupational safety applicable to an operator (drivers) for hired vehicles. A compliance plan will address safety standards as they relate to operational wordiness of vehicles.
The knowledge of these employment laws is vital for any organization, because it reduces the risk of possible lawsuits and increases credibility. Unlawful activities will lead Landslide Limousines to a possible failure that in the worse scenario could result in critical financial problems. A compliance plan will guarantee Landslide to operate in accordance with federal, state and city regulations. Constantly training will increase knowledge, promote detection and will help employees report problems before they occur.
I know this is a lot to process, but if you have any questions, please do not hesitate to contact me,
Jason White
Human Resources Manager
References: Title VII of the Civil Rights Act of 1964. (n.d.). Retrieved from http://www.eeoc.gov/laws/statutes/titlevii.cfm
Cascio, W.F. (2013). Managing Human Resources: Productivity, Quality of Work Life, Profits, (9th ed.). Retrieved from The University of Phoenix eBook.
Race Discrimination Cost Lufkin a Cool $3 Million. (2014, January). HR SPECIALIST, Special Issue (n.d.), 5. Retrieved from http://nr.nlh1.com/issues/samples/HRTXSample.pdf
Especially for Texas Employers. (n.d.).
Retrieved from http://www.twc.state.tx.us/news/efte/efte.pdf
The Equal Pay Act of 1963. (n.d.). Retrieved from http://www.eeoc.gov/laws/statutes/epa.cfm
Texas Workforce Commission. (n.d.). The Texas Minimum Wage Act.
Retrieved from http://www.twc.state.tx.us/ui/lablaw/texas-minimum-wage-law.html#currentWage
Understanding the Texas Workers ' Compensation Act. (2014, January). HR SPECIALIST, Special Issue (), 6. Retrieved from http://nr.nlh1.com/issues/samples/HRTXSample.pdf
Occupational Safety and Health Administration. (n.d.). Motor Vehicle Safety.
Retrieved from https://www.osha.gov/SLTC/motorvehiclesafety/index.html