Analysis of Labor and Employment Law Essay

than $5.15 an hour. Overtime pay at a rate of not less than one and

The National Labor Relations Act (NLRA), also known as the Wagner Act, was enacted in Congress in 1935 and became one of the most important legacies of the New Deal. Prior to the passage of the NLRA, employers had been free to spy on, interrogate, discipline, discharge, and blacklist union members. Reversing years of federal opposition, the statute guaranteed the right of employees to organize labor unions, to engage in collective bargaining, and to take part in strikes. The act also created a National Labor Relations Board (NLRB) to arbitrate deadlocked labor-management disputes, guarantee democratic union elections, and penalize unfair labor practices by employers. The law applied to all employees involved in the interstate

In her book, Labor and Legality: An Ethnography of a Mexican Immigrant Network, Ruth Gomberg-Muñoz describes the lives of ten busboys, she referrs to as the Lions, living and working in the Chicago area. Gomberg-Muñoz provides an insight into the lives of these undocumented Mexican workers. They share their stories of crossing the border, the affects of their absence on family back in Mexico, and the daily struggles of living in a country without the benefits of citizenship. The Lions, as well as other undocumented Mexicans, have to face Americans stereotypes every day. Probably the biggest stereotype the Lions contend with is the belief that all Mexicans are hard workers.

Between 1875 and 1900, with the growth of industrial factories that pushed the American economy to the top. Big business owners, such as Carnegie and Pullman left workers in horrid conditions and with low wages they could barely survive on. There was growing tension between the organized workers and the management of the factories. The workers went on strike and rioted, but this did little to help the horrid conditions they were living in. Organized labor was not successful in greatly improving the position and living of workers. During this time workers were not seen as individuals, but as part of a machine to get a job done. The strikes that occurred were often violent and fatal for both sides. Lastly, society saw the labor unions as evil

The FMLA entitles eligible employees the ability to take off up to 12 weeks of unpaid time off within a 12-month period with the benefit of job protection upon returning to the company. The time off is subject to specific criteria that must meet federal guidelines. The website www.dol.gov lists these five leave entitlements.

A medical office needs to be compliant with employment laws; this will ensure they do not have lawsuits that could patiently put a company out of business. This also helps the offices run smoothly and free from errors. There are several employment laws a few of them are the American with Disabilities Act (ADA), the Employee Retirement Income Security Act (ERISA) and the Health Insurance Portability and Accountability Act (HIPAA). The American with Disabilities (ADA) is when an employer is to provide reasonable accommodation to an employee with a known mental or physical limitation, or a qualified individual with a

Labor Unions have had an effect of American history as well as world-wide history from the time they became popular. Following WWII Americans were predominantly pro-labor, however, as time went on union’s credibility fell short of perfect. Union strikes proved to be bothersome to both the general public and company. Unions were also suppressing to employees through fraud and lack of worker rights (in earlier years, before Acts were passed). Although Union labor had its shortcomings, this type of labor is noted to be the most productive and economically beneficial. With both sides shown, I feel Unions will again thrive in the future with a few key adjustments made.

Throughout American history, labor unions have served to facilitate mediation between workers and employers. Workers seek to negotiate with employers for more control over their labor and its fruits. “A labor union can best be defined as an organization that exists for the purpose of representing its members to their employers regarding wages and terms and conditions of employment” (Hunter). Labor unions’ principal objectives are to increase wages, shorten work days, achieve greater benefits, and improve working conditions. Despite these goals, the early years of union formation were characterized by difficulties (Hunter).

The Family and Medical Leave Act sets regulations for job-protected leave related to family and medical reasons. FMLA applies to organizations with 50 or more employees working within 75 miles of the employee’s worksite (“Employment Laws,” n.d., para. 6). Employees who have been with their current employer for 12 months and who have worked 1250 hours of service in the previous 12 months are eligible for 12 weeks of unpaid leave through FMLA (“Eligibility Requirements,” Revised 2013). FMLA covers the following leave reasons:

An employee took time off due to his wife giving birth prematurely. His requested time off was approved by his original manager as the employee qualified for FMLA since he has been with the company for two years and was for the care of his spouse. Under (1)”FMLA rules certain employees can be provided up to 12 weeks unpaid, job-protected leave per year. The employee must work for the company at least 12 months, have at least 1250 hours during the 12 months and the where the employee work, the company must employ at least 50 employees within 75 miles”.

The ability for the federal government to regulate businesses’ activity is given in the Constitution. Article 1, Section 8 is known as the commerce clause; it states, “Congress shall have the Power…to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes” (Reed, 173). Through the commerce clause, the government is able to regulate business activity by the use of administrative agencies, which is defined as “a governmental regulatory body that controls and supervises a particular activity or area of public interest and administers and enforces a particular body of law related to that activity or interest” (Administrative Agency, 1). There are two types of regulatory authority that agencies may

Facts of the case: Imagine you are an HR manager and your boss and owner of the company, Bill, comes to you suspecting his assistant, Paige, is stealing money from the company. Bill would like a polygraph test conducted to see if Paige is stealing from the company. He would also like you to conduct electronic surveillance on Paige’s work e-mail for anything suspicious.

The aim of this early conciliation is to encourage as many cases as possible to settle ‘compromising’ the claim through a settlement agreement (previously called a ‘compromise agreement’) an agreement achieved through Acas conciliation (a ‘COT3’). Appendix 3 is an early conciliation Flow Chart (ACAS)

- employee for whom a day certain is agreed upon by yee-yer for commencement and termination of employment relationship

The growing issues with Internet usage in the workplace has become a major concern for employers. Employers are discovering that employees are spending hours of wasted time surfing the Internet and sending inappropriate emails. Employers classify this type of behavior as, “Internet abuse,” and breaking company’s policies. While employees see this type of behavior harmless, employers see this as potential risks to their organization. Previous researched study show employees spend hours surfing the Internet and sending non-work related emails to co-workers, family, and friends. With millions of employees having access to their employer’s Internet, companies are seeing an increase in Internet usage causing potential legal