Subject: Employment Law Compliance Plan for Bradley Stonefield
I have developed the employment law compliance plan as requested. Below you will find brief descriptions of four important employment laws for Landslide Limousines, including any applicable penalties for noncompliance of the stated laws. They are as follows: The Texas Minimum Wage Act, The Age Discrimination in Employment Act of 1967 (ADEA), The Americans with Disabilities Act of 1990 (ADA), and Sexual Harassment. Compliance of these laws amongst various other laws is imperative to the success of any business. This compliance plan is formulated for 25 or fewer employees. As Landslide Limousines grows there will be more laws ...view middle of the document...
The Age Discrimination in Employment Act of 1967 (ADEA)
The Age Discrimination in Employment Act protects employees age 40 and older against discrimination in pay, benefits and continued employment. A key objective of the law is to prevent financially troubled companies from singling out older employees when there are cutbacks (Cascio 9ed 109). If an organization can show age as a Bona Fide Occupational qualification (BFOOs) then the act does not apply. Employers are exempt from this law if they can provide proof that the employee does not possess the needed skills or does not meet the performance criteria. The Equal Employment Opportunity Commission (EEOC) provides recordkeeping, investigation and enforcement in accordance to the Age Discrimination in Employment Act. According to the U.S. Equal Employment Opportunity Commission (2013), if an employer has violated the ADEA the EEOC will contact the employer and employee in an attempt to mediate and reach a compromise. If an agreement is unable to be reached, the victim has 90 days to file a civil lawsuit. Just as remedied for violating the Texas Minimum Wage Act, employees are entitled to an additional amount in liquidated damages, court cost and reasonable attorney fees.
The Americans with Disabilities Act of 1990 (ADA)
The Americans with Disabilities Act protects all employees with physical and/or mental disabilities from being discriminated against by an employer. The law is relevant for all employers who staff consist of 15 or more employees. "Title I of the ADA, the employment section, protects approximately 86 percent of the American workforce" (Cascio 9ed 111). Disabilities can include but are not limited to hearing, seeing, learning, talking and walking. All employers must also accommodate qualified individuals. Six major implications for employers are:
1. Any buildings, factories etc., must be made accessible to those with physical disabilities or amplified telephones for those that have impaired hearing.
2. Reasonable accommodations must be made employees and applicants.
3. Physicals are now permissible as a pre-employment measure, only if all employees are required to partake.
4. Medical information for employees must be kept confidential and separate from other work-related/personal information.
5. Drug-testing produces, and guideline remain enforced.
6. Training should be required for all hiring staff and/or management, regarding who is covered under...