Walsh, D. J. (2010). Employment Law for Human Resource Practice (Third Ed.). United States: Cengage Learning.…
2. U.S. Department of Labor . (2009). Fair Labor Standards Act . Retrieved from http://www.dol.gov/whd/flsa/…
Employment law exists to protect the rights of both employer and employee, by providing rules and regulations that must be adhered to.…
HUMAN RESOURCES MANAGEMENT FEDERAL & CALIFORNIA EMPLOYMENT LAW COMPARISON – February, 2013 FEDERAL Americans with Disabilities Act (ADA) (1990) & ADA Amendments Act (ADAAA) (2008) CALIFORNIA Fair Employment and Housing Act (FEHA) DIFFERENCES FEHA is stricter than ADA: applies to employers with 5+ employees and requires “reasonable accommodation” for persons with disabilities (CA disabled is defined as “limited” in one or more of major life activities rather than “substantially limited” as required under ADA) State law takes precedence – differences in age group work, IWC minimum wage, overtime, etc. CA employers with 2 employees or more vs. 20 or more for the Federal; extends coverage to 36 months for those laid off and not eligible for insurance coverage after 18 mos. Expansion of whistleblower (WB) protections under SOX by including the creation of SEC and Commodities Futures Trading Commission (CFTC) whistleblower programs. WB can be awarded a share of sanctions that exceed $1MM and retaliation claim actions can go directly to federal district court. State law is almost identical to Federal, but applies only to persons or businesses contracting with CA. CA Appeals Ct. ruled – employers are within rights in refusing to hire an applicant who tests positive to marijuana, despite CA law permitting doctor prescribed medical marijuana. State law also prohibits retaliation for employee who refuses to submit to polygraph test. CA law provides stricter notification and disclosure requirements than federal law when employers are seeking to obtain background information (CC §1786) and credit reports (CC §1785) on job applicants and employees. (AB22 – 1/1/12) prohibits employers, except managers and certain financial and other positions, from getting and getting and using credit reports on job applicants and employees. To protect individuals from ID theft, allows annual free credit reports and other ID protections. Also, all employment records that contain personal…
The Labor Department a Division of Occupational Safety and Health, which has two subdivision for safety, and health and other subdivisions as the commissioner consider to be necessary. This division manage all matters pertaining to occupational safety and occupational health. The Labor Department may require the assistance of other state agencies and may enter into agreements with other state agencies and political subdivisions of the state for the administration. The Labor Commissioner shall provide for coordination between the Division of Occupational Safety and Health and the Workers' Compensation Commission which shall include but not be limited to establishment of standardized procedures and reporting (Chapter 571,…
Budd, J. W. (2013). Labor Relations: Striking a Balance (4th ed.). New York: McGraw-Hill Companies Inc.…
Your employers must have the labor certification approved by the U.S. Department of Labor (DOL).…
Ensure that all terms and conditions of employment such as compensation, benefits, layoff, return from layoff, Company--sponsored training, educational tuition assistance, social and recreation…
To oversee the workplace safety and standards, fair wages, retirement and pensions, employee benefits, to name but a few. Employment law deals with both the employer and the employee’s actions, rights and responsibilities, as well as their relationship with one another.…
Human resources is impacted by the legal, safety, and regulatory requirements because they are to ensure the employees are treated equally and fairly. Agencies that help employees and employers understand their rights are the Equal Employment Opportunity Commission, Occupational Safety and Health Administration, and the National Labor Relations Board,. The United States Government has established these departments to help protect employee and employer, establish workplace rules and regulations, and help protect either side from unfairness in the workplace. The effects of legal, safety, and regulatory…
To regulate the relationship between employers and their employees, to establish minimum standards and equality of treatment for all workers. to protect all workers, employers.…
Employment law moderates the relationship between employees, employers, unions and the government. Employment law is a broad area of the law that embraces all areas of the employer-employee relationship with the exception of the negotiation process covered by labor law and collective bargaining. Employment law encompasses Federal and state statutes and regulations. Some employment laws were set in place as labor legislation made to protect labor, and other laws provide protections in the form of insurance for workers, such as unemployment insurance. The U.S. Department of Labor (DOL) is a federal administrator and enforcement agency of most federal employment laws such as those addressing safety and health standards and wages and hours…
Public policy exceptions to at-will employment are recognized to varying degrees by many states. In the employment relationship, public policy violations normally involve employee termination for refusing to violate the law, exercising or fulfilling a legal right or duty, or disclosing law breaking by an employer. (Bennett-Alexander, 2007, pp. 28-31)…
To protect the rights of employers and employees by providing rules and regulations that must be followed…
to protect the right of employers and employees by providing rules and regulations that must be followed…