Employment Law related Answers.
Added on 2019-10-30
10 Pages2443 Words226 Views
Running head: EMPLOYMENT LAW Employment LawName of the StudentName of the universityAuthor note
1EMPLOYMENT LAWAnswer 11.Wages and hours-overtime pay and standard wages have been prescribed by Fair LaborStandards Act (FLSA) which has a major impact of public and private employment.Wage and hour division administrates the legislation. The employers are required to paythrough it the covered employees who have not been exempted otherwise the minimumof overtime pay of one and half of the regular pay along with the minimum wages. Theact also prohibits employment in certain areas to a person below the age of 18 years andin agriculture below the age of 16 years. If the organization do not pay such wages asdirected by the act they may be prosecuted under it. 2.Workplace Safety & Health- the Occupational Safety and Health Administration (OSHA)administrates The Occupational Safety and Health (OSH) Act. The OSHA approved stateprograms and the OSHA itself regulates health and safety conditions in the privateindustries. The employers who come under the scope of OSHA have to comply with thehealth and safety requirements prescribed by it. The non compliance with OSHA canresult in breach of its provisions and penalties. Answer 2One major statutory exception in relation to the right to employment at will is providedthrough the Americans with Disabilities Act of 1990. According to the provisions of this act anemployer cannot discriminate any person based on their being handicap. In this case theemployee can claim compensation from the employer through legal actions as was in the cases ofZamora-Quezada v. Health Texas Medical Group, 34 F. Supp. 2d 433 (W.D. Tex. 1998) and"US AIRWAYS, INC. V. BARNETT (00-1250) 535 U.S. 391 (2002) 228 F.3d 1105. In the
2EMPLOYMENT LAWZamora case the license of the HMO’s were suspended for revoking practices of doctors whoprovided medical treatment to the diabetic patients. In the US airways case the employeesucceeded in actions against the defendant company as they were not able to provide himeffective accommodation after he got disabled during the job. Thus when it comes to the right toemployment at will the employers have to take into account the statutory as well as the commonlaw exceptions of the right such as public policy, implied contract and good faith and dairdealing exceptions. Answer 3 A person who performs service in relation to a public company for specified hard inrelation to humanitarian charitable or Civic reasons without any expectation promise or receivedof compensation for the services provided is known as a volunteer during such hours. There arevarious test to determine whether a person is an independent contractor or an employee the maincharacteristics of an independent contractor is that a very low degree of control is exercised overis working by the employer and his paid after the work is completed. He uses his own tools mostof the times and carries on the work according to his own suitable time. A temporary employeeon the other hand is a person who is employed by the employer and receives hourly wages alongwith Benefits Life Insurance retirement plan and vacations. They are also entitled to overtimewages.Temporary employees work on a flexible basis where as permanent employees have a permanentemployment contract. A permanent employee is entitled to full time employment benefits. Basedon the amount of time was a temporary employees only allowed 28 days per annum holiday.
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