Landslide Limusines: Employment Compliance: Case Study
MEMORANDUM
TO: Traci Goldeman, Atwood and Allen Consulting
FROM:
DATE: June 30, 2014
SUBJECT: Landslide Limousines: Employment Compliance
CC: Bradley Stonefield As you requested, the information that is needed to consult Bradley Stonefield, owner of Landslide Limousines, is outlined below. He is an owner of a small limousine service that provides transport to customers in Austin, Texas. Bradley’s goal is to have 25 employees within one year of opening the business and would like the expertise of Atwood and Allen Consulting. Below are some employment laws that Bradley should be compliant with along with the consequences of non-compliance. There are also recommendations on how to be compliant with the employment laws that …show more content…
will affect him and his business.
The first law that Bradley needs to be informed about is the Texas Minimum Wage Law. Texas adopts the federal minimum wage rate which is currently $7.25 per hour for non-exempt employees. This minimum wage amount does not prohibit the employee from bargaining with Landslide Limousines for a higher wage. As part of being a business owner, Bradley needs to understand that he will be required to provide each employee with a written earnings statement that enables the employee to determine whether or not he/she was paid the correct wage for a given time period. There are consequences of non-compliance with this law that Bradley should be aware of. If an employee feels as though Landslide Limousines is in violation of the law, he/she has two years from the date the wages were due to file a lawsuit that will recover the unpaid wages plus an equal amount of liquidated damages. Landslide Limousines would then have the responsibility to pay any court costs and attorney fees along with the amount of the judgment (Texas Minimum Wage Law, 2013).
The next law that Bradley needs to be aware of before starting his limousine business is Title VII of the Civil Rights Act of 1964. Title VII prohibits an employment discrimination based on race, color, religion, sex, and national origin. This law also makes it illegal to retaliate against someone that has complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination lawsuit. This law also requires the employers to accommodate for the applicants’ and employees’ religious practices unless it interferes with the operation of the business. Landslide Limousine would want to adhere to this law and be sure that all employees are hired based on their abilities as Bradley sees fit. There are consequences of non-compliance with this law that Bradley should be aware of. If an applicant or an employee feels as though Landslide Limousines is in violation of the law, he/she has an opportunity to contact the Texas Workforce Commission/Civil Rights Division and file a written complaint. If the TWC feels as though the complaint is warranted, a lawsuit can be filed and the business could be sued for damages (Laws Enforced by EEOC, 2014).
Another law that Bradley should consider when starting his business is the federal Occupational Safety and Health Act (OSHA).
This law requires that employers provide employees with a safe and functional work environment. In order to stay compliant with this federal law, Bradley would need to be sure that all the equipment that is needed to operate his limousine business is in working order to help keep the employees safe. I would also recommend that Bradley take advantage of the resources that OSHA offers to small businesses. These resources include free education to the employer and employees, training, and compliance assistance specialists. The consequence of non-compliance of this law is a fine. The amount of the fine would depend on the degree of violation and would be assessed by an OSHA representative. Bradley would need to consider all aspects of OSHA laws before employing anyone at his limousine business (Occupational Safety and Health Administration , …show more content…
2014).
The next law that Bradley should know more about is the Texas Labor Code Chapter 21 and the Age Discrimination in Employment Act (ADEA). This law prohibits employers from discriminating against those applicants who are over the age of 40. This law applies to all companies that are privately owned and have fifteen or more employees. This law states that it is unlawful for an employer to include age requirements or limitations on job notices or advertisements. An employer may specify an age limit only when it is shown to be reasonably necessary for the operation of the business. The employer is not prohibited from requesting an applicant’s age or date of birth as long as that information is not used to discriminate against the applicant. If an applicant feels as though the company is in violation of this law, he/she can file a complaint. The ADEA will investigate the claim and will determine whether or not the employer was in violation. The consequence of non-compliance is a potential lawsuit and judgment from the applicant or employee. Since this business requires employees to be behind the wheel of a motor vehicle, I would suggest that Bradley contact the Texas Workforce Commission. The TWC can give him more information regarding the specific issues that he will face in his transportation business (Age Discrimination, 2013).
There are a few recommendations that I would give Bradley regarding his new transportation business and how to stay compliant with the laws and regulations of Texas.
1) It is important to know all the laws and regulations that apply to the transportation business. Bradley should research it and come up with a list of questions that he still has regarding the laws and how to stay compliant. He then can share the list with the consultants Atwood and Allen Consulting and others he feels that may help him through this journey.
2) Bradley needs to build a relationship with a labor attorney that he trusts. This will benefit him down the road when he may need legal consultation.
3) Bradley should be a part of Texas Small Business Association.
They would have great advice for him and ways that he can stay compliant with the laws and regulations.
I have outlined a few of the laws and regulations that are important for Bradley to follow in his new limousine transportation business. I am excited to be a part of this new adventure for him and I want to be of service in any way that I can. Please let me know if you have any questions regarding any of this information and I look forward to helping Bradley and Landslide Limousines in the future.
References
Age Discrimination. (2013, April 17). Retrieved June 26, 2014, from Texas Workforce Commission: http://www.twc.state.tx.us/crd/age-discrimination.html#overview
Laws Enforced by EEOC. (2014). Retrieved June 25, 2014, from U.S. Equal Employment Opportunity Commission: http://www.eeoc.gov/laws/statutes/titlevii.cfm
Occupational Safety and Health Administration . (2014). Retrieved June 26, 2014, from United States Departement of Labor: https://www.osha.gov/dcsp/smallbusiness/
Texas Minimum Wage Law. (2013, April 3). Retrieved June 25, 2014, from Texas Workforce Commission:
http://www.twc.state.tx.us/ui/lablaw/texas-minimum-wage-law.html#law
TO: Traci Goldeman, Atwood and Allen Consulting
FROM:
DATE: June 30, 2014
SUBJECT: Landslide Limousines: Employment Compliance
CC: Bradley Stonefield As you requested, the information that is needed to consult Bradley Stonefield, owner of Landslide Limousines, is outlined below. He is an owner of a small limousine service that provides transport to customers in Austin, Texas. Bradley’s goal is to have 25 employees within one year of opening the business and would like the expertise of Atwood and Allen Consulting. Below are some employment laws that Bradley should be compliant with along with the consequences of non-compliance. There are also recommendations on how to be compliant with the employment laws that …show more content…
will affect him and his business.
The first law that Bradley needs to be informed about is the Texas Minimum Wage Law. Texas adopts the federal minimum wage rate which is currently $7.25 per hour for non-exempt employees. This minimum wage amount does not prohibit the employee from bargaining with Landslide Limousines for a higher wage. As part of being a business owner, Bradley needs to understand that he will be required to provide each employee with a written earnings statement that enables the employee to determine whether or not he/she was paid the correct wage for a given time period. There are consequences of non-compliance with this law that Bradley should be aware of. If an employee feels as though Landslide Limousines is in violation of the law, he/she has two years from the date the wages were due to file a lawsuit that will recover the unpaid wages plus an equal amount of liquidated damages. Landslide Limousines would then have the responsibility to pay any court costs and attorney fees along with the amount of the judgment (Texas Minimum Wage Law, 2013).
The next law that Bradley needs to be aware of before starting his limousine business is Title VII of the Civil Rights Act of 1964. Title VII prohibits an employment discrimination based on race, color, religion, sex, and national origin. This law also makes it illegal to retaliate against someone that has complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination lawsuit. This law also requires the employers to accommodate for the applicants’ and employees’ religious practices unless it interferes with the operation of the business. Landslide Limousine would want to adhere to this law and be sure that all employees are hired based on their abilities as Bradley sees fit. There are consequences of non-compliance with this law that Bradley should be aware of. If an applicant or an employee feels as though Landslide Limousines is in violation of the law, he/she has an opportunity to contact the Texas Workforce Commission/Civil Rights Division and file a written complaint. If the TWC feels as though the complaint is warranted, a lawsuit can be filed and the business could be sued for damages (Laws Enforced by EEOC, 2014).
Another law that Bradley should consider when starting his business is the federal Occupational Safety and Health Act (OSHA).
This law requires that employers provide employees with a safe and functional work environment. In order to stay compliant with this federal law, Bradley would need to be sure that all the equipment that is needed to operate his limousine business is in working order to help keep the employees safe. I would also recommend that Bradley take advantage of the resources that OSHA offers to small businesses. These resources include free education to the employer and employees, training, and compliance assistance specialists. The consequence of non-compliance of this law is a fine. The amount of the fine would depend on the degree of violation and would be assessed by an OSHA representative. Bradley would need to consider all aspects of OSHA laws before employing anyone at his limousine business (Occupational Safety and Health Administration , …show more content…
2014).
The next law that Bradley should know more about is the Texas Labor Code Chapter 21 and the Age Discrimination in Employment Act (ADEA). This law prohibits employers from discriminating against those applicants who are over the age of 40. This law applies to all companies that are privately owned and have fifteen or more employees. This law states that it is unlawful for an employer to include age requirements or limitations on job notices or advertisements. An employer may specify an age limit only when it is shown to be reasonably necessary for the operation of the business. The employer is not prohibited from requesting an applicant’s age or date of birth as long as that information is not used to discriminate against the applicant. If an applicant feels as though the company is in violation of this law, he/she can file a complaint. The ADEA will investigate the claim and will determine whether or not the employer was in violation. The consequence of non-compliance is a potential lawsuit and judgment from the applicant or employee. Since this business requires employees to be behind the wheel of a motor vehicle, I would suggest that Bradley contact the Texas Workforce Commission. The TWC can give him more information regarding the specific issues that he will face in his transportation business (Age Discrimination, 2013).
There are a few recommendations that I would give Bradley regarding his new transportation business and how to stay compliant with the laws and regulations of Texas.
1) It is important to know all the laws and regulations that apply to the transportation business. Bradley should research it and come up with a list of questions that he still has regarding the laws and how to stay compliant. He then can share the list with the consultants Atwood and Allen Consulting and others he feels that may help him through this journey.
2) Bradley needs to build a relationship with a labor attorney that he trusts. This will benefit him down the road when he may need legal consultation.
3) Bradley should be a part of Texas Small Business Association.
They would have great advice for him and ways that he can stay compliant with the laws and regulations.
I have outlined a few of the laws and regulations that are important for Bradley to follow in his new limousine transportation business. I am excited to be a part of this new adventure for him and I want to be of service in any way that I can. Please let me know if you have any questions regarding any of this information and I look forward to helping Bradley and Landslide Limousines in the future.
References
Age Discrimination. (2013, April 17). Retrieved June 26, 2014, from Texas Workforce Commission: http://www.twc.state.tx.us/crd/age-discrimination.html#overview
Laws Enforced by EEOC. (2014). Retrieved June 25, 2014, from U.S. Equal Employment Opportunity Commission: http://www.eeoc.gov/laws/statutes/titlevii.cfm
Occupational Safety and Health Administration . (2014). Retrieved June 26, 2014, from United States Departement of Labor: https://www.osha.gov/dcsp/smallbusiness/
Texas Minimum Wage Law. (2013, April 3). Retrieved June 25, 2014, from Texas Workforce Commission:
http://www.twc.state.tx.us/ui/lablaw/texas-minimum-wage-law.html#law