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Employment Law Compliance Plan

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Text Preview Employment Law Compliance Plan
Kyle Stewart
HRM/531
Dec. 20/2014
Dr. Kristine Pak

MEMORANDUM

TO: Traci Goldman
FROM: Kyle Stewart
DATE: 12/20/14

Subject: Employment Laws

In response to your request I was able to create an employment law compliance plan for a Mr. Bradley Stonefield. Mr. Stonefield is planning to open a limousine service in Austin, Texas. The first year plan is for 25 employees. This memo will examine the employment laws and how they are applied. In addition, the penalties associated with noncompliance will also be addressed in this memo. There can be numerous consequences, if employment practices are not in compliance with employment laws. There will be five employment laws I will address in this memo. They are as follows: The Age Discrimination in Employment Act, The Immigration Reform and Control Act, The Americans with Disabilities Act, Family and the Medical Leave Act, and Fair Labor Standards Act.

The Age Discrimination in Employment Act of 1967

The Age Discrimination in Employment Act of 1967 (ADEA) protects certain applicants and employees 40 years of age and older from discrimination on the basis of age in hiring, promotion, discharge, compensation, or terms, conditions or privileges of employment. The ADEA is enforced by the Equal Employment Opportunity Commission. Since 1986, ADEA has also prohibited the mandatory retirement of employees in some sectors. ADEA also phased out mandatory retirement for tenured employees, such as college professors in 1993. Although ADEA was amended by the Civil Rights Act of 1991, it differs as it applies to employer's with 20 or more as opposed to only 15. Age limits may be specified if there are bona fied occupational qualifications reasonably necessary to the normal operation of the particular business. If an employee prevails in a lawsuit brought under the Age Discrimination in Employment Act, an employer could face the following penalties: injunctive relief, such as elimination of the discriminatory practice; hiring or reinstatement; promotion; back pay; front pay; retroactive benefits; liquidated damages, which can reach up to double the amount of unpaid wages owed if the employer knowingly disregarded ADEA, and attorneys' fees. Compensatory and punitive damages are only available if provided by state law (United States Department of Labor).

The Immigration Reform and Control Act of 1986

The Immigration Reform and Control Act of 1986 implements laws for hiring illegal immigrants, legalized some part time seasonal illegal workers, and even legalized some illegal immigrants who resided in the U.S. Before 1982. This act made it illegal to knowingly hire or recruit illegal immigrants. The act also required employers to attest to their employees immigration status. Due to this being a Limousine service, and not a agricultural company, the legalization of part time seasonal agricultural workers does not apply.

The Americans with Disabilities Act of 1990

The Americans with Disabilities Act excludes any organization from discriminating qualified people who have a disability. This law protects people with many different types of disabilities, consisting of things such as walking, talking, seeing, hearing, and learning. Other things covered under ADA are Post Traumatic Stress Disorder, Traumatic Brain Injury, HIV/AIDS, and even people recovering from addiction. Organizations must have functional accommodations to anyone with a bodily disability. The accommodations could range from an elevator, wheelchair access ramps, or closed captioning for hearing impaired. It is imperative that organizations are in compliance with ADA. According to The Association of Corporate Counsel (1998-2014), “Remedies for violations include hiring, reinstatement, promotion, back pay, front pay, restored benefits, reasonable accommodation, attorneys' fees, expert-witness fees, court costs, court orders and civil penalties. Civil... Show More

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