Thursday, August 1, 2019
Employment Law Compliance Essay
Our client, Bradley Stonefield, is planning to open a limousine service, Landslide Limousines, in the Austin, Texas area. Mr. Stonefield plans to hire approximately twenty-five people to provide first class transportation to a variety of clientele. Before Mr. Stonefield begins hiring it is imperative that he has an understanding of applicable employment laws. Title VII of the Civil Rights Act of 1964 (Title VII) is a well-known and widely used federal anti-discrimination law (LaMance, n. d. ). Title VII make it illegal for employers to discriminate against someone based on their race, religion, national origin or sex (U. S. EEOC, 2014). The Act also made it illegal for employers to retaliate against a person who files a complaint of discrimination or participates in a discrimination investigation (U. S. EEOC, 2014). An employer who violates Title VII may find themselves subjected to a number of legal consequences such as having to pay large sums for damages and being required to readjust the companyÃ¢â¬â¢s policies (LaMance, n. d. ). To avoid violating Title VII Mr. Stonefield and his managers should treat all employees and applicants equally without regard to any characteristics except job performance (HR Specialist, 2013). The Texas Payday Law covers all business entities in the state of Texas, regardless of size except public employers such as the state or federal government (TWC, 2013). This law gives the Texas Workforce Commission (TWC) the authority to enforce wage laws and investigate wage claims (TWC, 2013). Texas Payday Law covers compensation for services rendered, commissions and bonuses, and certain other fringe benefits according to a written agreement with or policy of the employer (TWC, 2013). The law states that employers must pay employees for all hours worked and these wages must be received by the employee no later than payday (TWC, 2013). If the employer lays off, discharges or fires an employee they must pay all wages owed to that employee within six calendar days of the date of separation (TWC, 2013). If an employee voluntarily quits or retires their final payment of wages is due to them on the payday following the date of separation (TWC, 2013). If an employer violates the Texas Payday Law they may be fined the lesser of the wages claimed or $1,000 (TWC, 2013). To avoid violating this law Mr. Stonefield should make sure that employees are paid for all hours worked and that all wages due are paid to employees on time. The Age Discrimination in Employment Act applies to all employers that employ twenty or more employees (U. S. EEOC, 2008). The Act states that it is Ã¢â¬Å"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 trainingÃ¢â¬ (U. S. EEOC, 2008). Violating the Age Discrimination in Employment Act can cause the business to incur legal liability and require payment of large monetary judgments (Mayfair, n. d. ). Mr. Stonefield and his managers can avoid violating this Act by never taking a personÃ¢â¬â¢s age or proximity to retirement into consideration when making decisions about hiring, firing, pay, benefits or promotions (HR Specialist, 2013). The Immigration Reform and Control Act of 1986 prohibits an employer from knowingly hire, recruit or refer for pay any person who is unauthorized to work in the United States (Boston University, n. d. ). If an employer violates this law they can be fined from $100 to $1,000 and the fine is not just for the employer but also for each employee working for them illegally (Boston University, n. d. ). There is also the possibility of imprisonment for employers that are deemed to show a pattern of violating this Act (Boston University, n. d. ). To avoid violating the Immigration Reform and Control Act Mr. Stonefield must verify the identity and employment eligibility of each employee he hires. He must complete and retain a complete INS Form I-9 documenting this verification (Boston University, n. d. ). Conclusion It is important that Mr. Stonefield and his management team understand that labor laws were passed in order to provide protection for both employees and employers. That is why the government puts so much emphasis on making sure organizations take them seriously by enforcing the laws with strict consequences for noncompliance. Staying in compliance with these laws is not only important to avoid legal penalties but will also protect the business from gaining a negative public image that can be extremely damaging to their bottom line.