Employment Law Compliance Plan

Employment Law Compliance Plan

Jansen York

HRM/531 Human Capital Management

October 19, 2014

Gayle Dudziak

To: Bradley Stonefield

Landslide Limousine Services

From: Atwood and Allen Consulting

Date: October 19,2014

Subject: Employment Law Compliance Plan

In response to your request for developing an employment law compliance plan Traci has task me with developing your compliance plan for your proposed limousine service based out of Austin, Texas. I was told you are planning for a beginning work force of 25 employees with in your first business year.
This memo will provide a description of the employment laws and how they should be applied in the company. A brief description of penalties that may arise for noncompliance of the various laws will be evident in the content of the memo. To remain in compliance, it is necessary for the company to abide by the laws. The purpose of the memo is to identify four laws that will affect the limousine service located in Austin, Texas.
1. Americans with Disabilities Act of 1993
2. Age Discrimination in Employment Act of 1967
3. Sexual Harassment in the Place of Work
4. Family and the Medical Leave Act of 1993
1. The Americans with Disabilities Act of 1990 The American with Disabilities Act of 1990 is meant for businesses that discriminate against qualified applicants from employment opportunity because of a disability (United States Department of Labor, 2013). Disabilities include walking, talking, hearing, seeing, and learning. The object of the law is to protect persons with disabilities by providing equal employment opportunities. The law extends protect to individuals diagnosed with HIV or AIDS and individuals who have completed drug and alcohol rehabilitation programs. The company is required to provide employees with disabilities different accommodations, such as elevators, access ramps, and hearing impaired telephones. Companies, not in compliance with this law may receive civil penalties, such as $55,000 fine for first violations and $110,000 for each subsequent violation. If the company is cited for different types of major noncompliance, it could cause warranty compulsory and punitive damages (United States Department of Labor, 2013).
2. Age Discrimination in Employment Act of 1967
The Age Discrimination in Employment Act of 1967 requires employees to avoid employment discrimination against anyone at least 40 in the United States (Employment Law Firms, 2013). The Civil Rights Center of the United States organized the law to encourage employment of older individuals by creating independence. The Act covers basic compensations plans, terms and conditions of jobs, and other privileges of employment. The Act enforces to employer's not to refuse the hiring process to the elderly. The law forbids employer's to prevent or ignore the capability of older employees because of age. An employee has the right to file a grievance against the employer. Employers are required to pay penalties according to the Government rule and the court expenditure of the employee (Employment Law Firms, 2013).
3. Sexual Harassment in the Place of Work The Sexual Harassment in the Place of Work Act provides a safe and free from sexual harassment environment in the work place for employees in the United States (United States Department of Labor, 2013). The Act defends sexual harassment toward employees in the workplace. Sexual harassment activities include unusual behavior by management toward employees pertaining to performance and misconduct toward decisions or ideas of an employee. If an employee reports sexual harassment activities, the courts will take serious action on the employer. The companies state law department provides a serious warning to the company, and if the issues continue, the enquiry commission will actuate on the employer (United States Department of Labor, 2013).
4. Family and the Medical Leave Act of 1993 The Family and the Medical Leave Act of 1993 requires employers to provide unpaid job protected leaves to employees in case of emergency medical for both family and personal (United States Department of Labor, 2013). Medical reasons include family and individual during illnesses for foster care children and family military leave. Employers are required to provide insurance coverage during the medical leave for the family and employee. The Act entitles employees to a total of 12 workweeks of leave in a 12-month period. Noncompliant businesses have to report to the Wage and Hour Division of United States Department of Labor with proper explanation for not extending the requirements to the employee during medical leave. If the business is not able to generate a report, the company is penalized with a $110 fine (United States Department of Labor, 2013).
Please read over the four laws that I have briefly outlined in the above memo. Your organization should strive to provide an equal opportunity to all prospected employees during your initial hiring phase. Avoiding making selections based primarily off of age to avoid the age discrimination pit fall. Ensure that your management team follows and explains family and medical leave as it relates to your organization. Gain the knowledge to develop the adequate level of medical coverage needed based of the size our your organization. Lastly, provide an organizational environment that is free from any type of sexual harassment and your initial development stage of Landslide Limousine will start off from a great cornerstone for future ventures.
Atwood and Allen Consulting is honored that you have selected our organization to help develop and guide Landslide Limousine Services to a profitable future. If you require any further guidance related to the items I have describe please contact Traci or myself.
Sincerely,
Jansen York
Senior Consultant
Atwood and Allen Consulting

Reference
Employment Law firms, 2014, Common Penalties Associated with Age Discrimination, http://www.employmentlawfirms.com/resources/employment/discrimination/common-penalties-associated-with-age-discrimination Fix, M. and Passel, J., 2013, Immigration and Immigrants: Setting the Record Straight, http://www.urban.org/publications/305184.html
United States Department of labor, 2013, Family and Medical Leave Act, from http://www.dol.gov/whd/regs/statutes/fmla.htm United States Department of labor, 2013, Wages and Hours Worked: Workers with Disabilities from the Work Being Performed, from, http://www.dol.gov/compliance/guide/flsa14c.htm