Employment Law Essay

1507 words - 7 pages

Employment Law Compliance Plan
HRM/531 - HUMAN CAPITAL MANAGEMENT
August 01, 2013
Robert Enderle

Employment Law Compliance Plan
MEMORANDUM

TO:   Traci Goldman
FROM:  
DATE: July 31, 2013
Subject: Employment Law Compliance Plan
I am tasked with creating an employment law compliance plan for a Bradley Stonefield. He is creating a limousine company that is based out of Austin, Texas. He has set a goal to have 25 employees within the first year of his business operations. So to help ensure the success of this business venture an Employment Law Compliance Plan is being developed.
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It was illegal for them to be in the country, but was not illegal to hire these individuals until the amending of the amending section 1324. As for those who have been found guilty of knowingly hiring, recruiting, or referring Un-documented workers, the penalties are as follows: (1) first offense—not less than $250 nor more than $2000 for each illegal worker; (2) second offense—not less than $2000 nor more than $5000 for each illegal worker; (3) third and subsequent offenses—not less than $3000 nor more than $10,000 for each undocumented worker. Additionally, those employers who have engaged in a pattern of violations (as determined by the Attorney General) may be subject to imprisonment for a period not to exceed six months.
The Age Discrimination in Employment Act of 1967

The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals 40 years or older from employment discrimination based on age. This particular act covers employees as well as those that may be applying for employment. Under the ADEA, it is unlawful to discriminate against a person because of his or her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training. This Act also provides for the protection of any individuals who may file age discrimination charges against its employer.
The ADEA will only apply to Mr. Stonefield was his company reaches more than 20 employees, because ADEA only applies to employers and agencies with 20 or more employees. The ADEA covers just about every aspect of business concerning the employee and his or her rights in regard to age. There is no need to go into full details but as this company begins to grow the closer the company gets to the employee number threshold it would be more advantageous to become familiar with the ADEA.
The Texas Minimum Wage Law
In September 2001 the Texas Payday Law was amended. What this amendment stated was that the minimum wage rate for the state of Texas was to be set to the same level as the national minimum wage rate. Another provision with this law permits an automatic increase in the pay wage when the federal rate increases. The Texas Minimum Wage Law also requires that employers give employees a wage statement with every paycheck or payment. It must show exactly how many hours the employee worked and how much the employee earned by the hour (Fox, Davenport, pg13, 2013). This law aims to ensure that regardless of the pay range of any employee that their treated equally.
The Department of Labor uses various methods to ensure that companies are in compliance such as investigators. When any violations are found, they make recommendations to employers. They will also request that payments for the affected employee. Violations of this law can be damaging for especially small businesses just getting...

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