Clapton Commercial Construction, Detroit, Michigan
To: Whom it may concern
From: Erin Milz
CC: Atwood and Allen Consulting
Date: November 9, 2014
Re: Employment Law Compliance Plan
Per the conversation, I have been given the opportunity to construct an employment law plan for Clapton Commercial Construction. Given my knowledge you are planning to expand your business to Arizona. Right now you have 650 employees and plan on adding 20% in the new state. So once the expansion is started your company will have a total of 780 employees.
This memo is going to help fulfill the descriptions about the employment laws and how these laws are going to be applied to your company. I will ...view middle of the document...
• Take action to remedy the effects of the discrimination by, for example, reinstating or promoting the employee. If the court finds that such an action is warranted but impractical (for example, if the working relationship is damaged beyond repair), it may require the employer to pay front pay -- compensation for future earnings lost -- instead.
• Pay a penalty (called "liquidated damages") equal to the total back pay award, if the employer knows that its conduct was illegal or displayed reckless disregard as to whether its conduct violated the law.
• Pay the employee's court costs and attorney fees” (Employment Law Firms, 2013).
Immigration Reform and Control Act of 1986
“The Immigration Reform and Control Act of 1986 was the first federal law to impose sanctions on American employers who hired undocumented alien workers, while also providing amnesty for a specific category of aliens” (Leckrone, 2012). The Act was mainly developed to add more numbers to the Border Patrol Enforcement to help control the flow of illegal immigrants coming into the United States. The Immigration Reform and Control Act of 1986 established penalties to those employers who had been granting employment to the employees with no documents. “To comply with these provisions, employers must:
• Verify the identity and employment authorization of each person hired after November 6, 1986. For employment in the Commonwealth of the Mariana Islands (CNMI), this verification requirement applies to individuals hired after November 27, 2009.
• Complete and retain a Form I-9 for each employee required to complete the Form I-9.
Provisions of the above legislation require that employers must not:
• Discriminate against individuals on the basis of national origin, citizenship or US immigration status.
• Hire, recruit for a fee, or refer for a fee aliens he or she knows to be unauthorized to work in the United States.
Employers who violate the law may be subject to:
• Civil fines;
• Criminal penalties (when there is a pattern or practice of violations);
• Debarment from US government contracts;
• A court order requiring the payment of back pay to the individual discriminated against; and/or,
• A court order requiring the employer to hire the individual discriminated against” (PC, 1998-2014).
Family and Medical Leave Act of 1993
“The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. The Family and Medical Act also requires that their group health benefits be maintained during the leave” (Labor, Leave Benefits Family & Medical Leave, 2014). The Family and Medical Leave Act apply to all public agencies as well as public and private elementary and secondary school and companies with 50 plus employees. The employers are required to provide any and all eligible employees with up to at least 12 weeks off that is unpaid each year. Some of the reasons that an employee may need to take time off of...