Employment law has a multitude of purpose in defining the relationship, agreement, and legal obligation of employers and employees. According to Edwards and Robinson (2012) employment law is the negotiated relationships between employees and employers”(p 4). These negotiations highlight acceptably terms related to occupation, expectation and contracts that showcase the roles, responsibilities, and task completion of employees, as well as the wages, salaries, safe workplace, and other expectancies from the employer. Aside from expectation, there are legal ramifications that employers must follow on a federal and local level. For the sake of this paper, the federal level will be referenced. In this paper the following three laws and non-compliance consequences will be examined: workplace Safety and Health; Wages and Hours; and The Family and Medical Leave Act. In addition to the aforesaid methods than organizations can implement the previously mentioned employment laws will also be addressed.
Three Significant Employment Laws
The federal government has posed several laws that hold employers accountable and ensure that employees are exposed to working condition and expectations that do not jeopardize their health, safety, and capabilities. More specifically the Safety and Health Act, Wages and Hours, and the Family Medical Leave Act were all legalized to protect employees and ensure that they are working in conditions that are deemed suitable by the stat and government.
Occupational Safety and Health Act
On December 29, 1970 the Occupational Safety and Health Act was established. The purpose of this act is to enforce organization to adhere to guidelines that ensure safe and healthy work conditions and environment for men and women. In addition to the aforementioned, this acts was implemented to train, teach inform and research methods to accomplish a safe work environment. Before this act was created there were several issues related to work injuries and illnesses contracted from unhealthy conditions. As a result, there was a “lost production, wage loss, medical expenses, and disability compensation payments” (Labor, 1970). To ameliorate work conditions and to enhance safety precautions this act was enacted. When organizations do not comply with the Occupational Safety and Health Act, they can be subjected to 17 different penalties. Individuals are also subject to penalties, fines, and possible imprisonment. One of the 17 penalties that are a consequence of violating the Occupational Safety and Health Act is subsection g, which makes reference to anyone who presents false or fraudulent or misrepresented information that is required under this act. The penalty can be a fine not exceeding $10,000 and/or 6 months imprisonment (Labor, 1970). Hence, the Occupational Safety and Health Act are designed to ensure that organizations and persons working for this organization remain in compliance with set rules pertaining to health and safety in the workplace.
Wages and Hours
Under the fair labor and standards act the federal minimum wage is $7.25, and for tipped employees the hourly wage is $2.13 if the combined tips and hourly wage that is not equal or does not exceed the minimum wage. Other requirements pertaining to wages and hours refer to overtime. Overtime must be paid at 1-½ times the regular rate when an individual’s hours exceed the standard 40-hour workweek. Theodore Roosevelt passed the Fair Labor Standards Acct in 1935. It was one of the imperative and significant laws that was passed because it strategically “stimulated relief for the American worker while concurrently assisting the American businesses with recovery from the stock market crash of 1929” (Reference, 2016). This law was also the catalyst for several other groups to fight and get laws passed pertaining to discrimination for African Americans, the recognition and amelioration of unfair child labor laws, and family medical leave. For organizations that do not adhere to the requirements that are highlighted under the Fair Labor and Standards Act, they are subjected to penalties and fines. For instance, any person that violates the provisions that are highlighted in the Fair Labor Standards Act may be subjected to civil action being taken against them. One of the punishments for such behavior is $11,000 for each employee who did not receive his or her earned wages, and up to $50,000, that causes serious injury and or death to the employee. Hence, the Wages and Hours section of the Fair Labor and Standards Act was created to ensure that employer adequately pay their employees and do not have them working long and unruly hours without adequate compensation.
Family Medical Leave Act
The Family Medical Leave Act is also an act that can be found under the Labor and Standards Act. The purpose of the Family Medical Leave Act is to grant both mother and fathers the opportunity to receive 1,250 hours in unpaid leave to take care of a newborn child, his or her own serious medical condition, or the medical condition of his or her family member. If the employee qualifies, the Family Medical Leave Act may also cover limited benefits pertaining to the aforementioned conditions. Initially when this act was established it was limited to mothers who were giving birth, and excluded the father from being able to take leave and also care for his newborn child, as well as give the necessary support to the mother. One case that displayed the loopholes and challenges for men and the Family Medical Leave Act is Knussman v. Maryland. In this particular case, Trooper Knusssman was denied parental family leave based on his gender. In 1994, the Knussman case was recognized as discrimination based on gender that men were granted Family medical leave. Consequences of this case or Knussman employer was compensation that included attorney fees, emotional distress, and jeopardizing his wife’ safety due to her continual health complications (Cockey, 2004). In other words, violating employee’s rights and denying them family medical leave can result in fines, penalties, and tarnish of reputation.
Implementing employment Laws into Policies, Procedures, and Culture
The main strategy that needs to be considered when implementing employment laws into organizational policies, procedures, and culture is the relationship that employers want to have with their employees. This is significant because this will guide how employment laws are presented and incorporated into organizational culture and policies. An example of how the relationship’s power influences implementation is for those organizations that are unionized. A union barters and argues the wages, hours, and job roles with the employer and they reach an agreement of all of the perks that the employee receives. Within the negotiation, employment laws are interwoven through the agreement, and an understanding of what the employee will ultimately receive as a result. Generally, compensation, benefits packages, family Medical Leave, and other significant factors are discussed and agreed upon. After the agreement s reached, employees are notified of the contract and sign in agreement based of the results of the negotiation. Within the signed contract, consequences of violating employee and union rights are also showcased. Hence, through negotiations, and agreements the employment laws can be implemented into the policies, procedures, and organizational culture.
References
Cockey, R. (2004). The Family Medical Leave Act: what you see and what you get. American University Jurnal of Gender, Social Policy & the Law , 12 (1), 1-18.
Division, U. D. (2012, June). FAIR LABOR STANDARDS ACT. Retrieved June 25, 2016, from U.S. Department of Labor Wage and Hour Division: https://www.dol.gov/whd/regs/compliance/whd_fs.pdf
Edwards, K., & Robinson, S. (2012). Labor and Employment Law:A Career guide. Cambidge, MA: Harvard Law School.
Labor, U. S. (1970, December). Occupational Safety & Health Administration. Retrieved June 25, 2016, from United States Department of Labor: https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=OSHACT&p_id=2743
Reference, C. (2016). Summary Article: Fair Labor Standards Act from the Social History of the American Family:An Encyclopedia.
