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Employment Law Compliance Plan

By gsellak May 26, 2014 1563 Words


Employment Law Compliance Plan for Clapton Commercial Construction HRM/531
Ellen Thomas
Employment Law Compliance Plan for Clapton Commercial Construction memorandum
to:
Marylee luther
from:

subject:
employment law compliance plan
date:
September 23, 2013
cc:
Traci Goldman

As you embark on the journey of expanding your business into a new state, there are several employment laws you must be aware of. Most of the laws you may be familiar with as they are federal and apply to your home state of Michigan. I will also introduce any laws that are specific to the state of Arizona. My goal is to assist you in preparing for your move as well ensuring that you have the tools necessary to remain fully compliant on the state and federal level. Federal Laws

American’s with Disabilities Act of 1990 prohibits an employer from discriminating based on disability. According to the EEOC (2008), in order to remain compliant, “an employer must provide reasonable accommodations to perform the essential duties of the job as long as it does not create an undue hardship on the employer” (para 3). It is the responsibility of the employer to prove undue hardship (Smith & Harris, 2012). You must have documentation to present to the EEOC to prove your case. If you are found noncompliant, you can receive penalties as high as $55,000 for the first occurrence and $110,000 for subsequent violations (Weiss, 2009). The Family and Medical Leave Act of 1993 was established to protect an employees’ job in the event of the birth or adoption of a child or having to care for an ill family member (Employment Law Guide, 2009). This provides an employee with 12 weeks of unpaid leave. To remain compliant, an employer must allow the leave and designate which absences are covered under FMLA. An employer is able to request documentation to support the requested leave from the employee (Cascio, 2013). If noncompliant, an employer may be liable to pay damages to the employee equal to the amount of wages up to 12 weeks (Frazier, 2013). Title VII prohibits discrimination based on race, color, religion, sex or national origin (Cascio, 2013). Cascio (2013) stated “Title VII is the most important federal EEO law because it contains the broadest coverage, prohibitions, and remedies” (p. 83). Title VII also protects the employee form retaliation for exercising their rights (Johnson-Massie, 2013). The way to remain compliant is to base all your hiring practices and promotions around skill set and accomplishments and terminations should be for just cause. You must also post up a notice explaining Title VII. If noncompliant, the EEOC can bring civil action against the employer and impose a fine of $100 for not posting the notice (Snow, 2013). The Immigration Reform and Control Act of 1986 states that an employer may not hire an unauthorized aliens and also have a duty to confirm the identity and work authorization of each new hire. The way to remain compliant is make sure each new hire has an I-9 form on file with copies of the identification and authorization to work in the United States. Employers are to confirm the documents that are provided and sign the I-9 along with the employee. The penalty for noncompliance is monetary in nature and ranges from $100 to $1,100 for each employee whose identity has not been verified (Cascio, 2013). Equal Pay Act of 1963 was adopted to eliminate unfair pay practices. Cascio (2013) states that “the Equal Pay Act requires that men and women and women working for the same establishment be paid the same rate of pay for work that is substantially equal in skill, effort, responsibility, and working conditions (p. 82). In order to remain compliant an employer must ensure that all pay scales are equal among the sexes and based on skill. This will be especially important as you hire laborers which are traditionally male. If found noncompliant, an employer will be required to raise the salary of the lower paid individual and could be liable for hefty punitive damages (Casco, 2013). The Uniformed Services Employment and Reemployment Rights Act prohibits and discrimination based on an employee’s military service, past present or future (Employment Law Guide, 2009). To remain compliant, an employer must allow an employee to return to their position with the same level of seniority after they have completed their tour of duty (Cascio, 2013). If an employer is found noncompliant, an employer may be liable for lost wages and benefits (Employment Law Guide, 2009). Construction Industry Laws

Since you are a construction company another important thing is the Occupational Safety and Health Act of 1970 or OSHA. This is to ensure that employers a providing a working environment that is free of hazards that will effect health and safety. To remain compliant you must ensure that your workplace is up to OSHA standards. Because occupational safety is only successful when the employer and employees act together, it is my recommendation that all employees participate in a mandatory safety training. If you do not maintain OSHA standards, you may be faced with fines which increase with each violation. It can also affect your company’s insurance premiums as well as their ability to obtain insurance (Brian, 2006). The Davis-Bacon Act is also specific for the construction industry and is extremely important if your organization will bid on any federal contracts. It states that construction workers must be paid prevailing wages when working on a federal government contract (Employment Law Guide, 2009). An employer can remain compliant by visiting the WDOL website to find the appropriate wage by position. If an employer is found non-compliant, their contract may be terminated and they may be barred from any future contracts (Employment Law Guide, 2009). State Laws

An important thing you should be aware of is the minimum wage in Arizona is $7.80 which is higher than the federal minimum wage. In order to be in compliance you must pay all of your Arizona employees the state minimum wage. You must also hang up the posters of the state minimum wage which are available to you on the state department of labor website. If you do not comply with the state requirement, you will have to pay the employee the monies owed with interest as well as an additional amount equaling twice the underpaid amount owed (Industrial Commission of Arizona, 1987). Since your operation is new in the state of Arizona there is an additional state law that you must be aware of. The Legal Arizona Workers Act was put into place January 1, 2008. Essentially an employer is prohibited to hire any employee that is not in the United States legally. This law is in addition to the aforementioned Immigration Reform and Control Act of 1986. The way to remain compliant is to submit all I-9 information through the E-Verify system. This will verify the identities electronically. Please note, no I-9 information must be run through E-Verify until after the employee is hired. This requirement is to ensure there is no discrimination based on race or national origin. If a company is found to be non-compliant, all unauthorized aliens must be immediately terminated. The employer will also be subject to a probationary period where they must submit a quarterly detailed report of each newly hired employee. The employer may also have their business license suspended for up to ten days (Goodson & Richardson, 2008). Conclusion

In conclusion, we have reviewed ten employment laws that will help you in your expansion into the state of Arizona. While most of the laws were federal in nature, were specific to your industry, such as, OSHA and the Davis-Bacon Act. We also reviewed the Arizona state laws regarding minimum wage and Legal Arizona Workers Act. If you follow my instructions, you will remain compliant and avoid any unnecessary fines and penalties. Please let me know if there is any other research we can do to further assist your transition.

References
Brian, A. C. (2006). OSHA citations: Understanding their potential long-term impact. Professional Safety, 51(1), 46-48. Retrieved from http://search.proquest.com/docview/200382334?accountid=35812 Cascio, W. F. (2013). Managing Human Resources (9th ed.). New York, NY: McGraw Hill. Employment Law Guide. (2009). Federal contracts-working conditions: Prevailing wages in construction contracts. Retrieved from http://www.dol.gov/compliance/guide/dbra.htm Employment Law Guide. (2009). Health benefits, retirement standards, and worker’s compensation: Family and medical leave. Retrieved from http://www.dol.gov/compliance/guide/fmla.htm Employment Law Guide. (2009). Other workplace standards: Reemployment and nondiscrimination rights for uniformed services members. Retrieved from http://www.dol.gov/compliance/guide/userra.htm Frazier, C. (2006). What penalties occur if the FMLA is not followed? Retrieved from http://www.ehow.com/info_7936893_penalties-occur-fmla-not-followed.html Goodson, P. W. & Richardson, C. M. (2008). Undocumented-worker laws on the rise: State solutions to a national issue. Employment Relations Today (Wiley), 35(1), 79-93. doi:10.1002/ert.20191 Industrial Commission of Arizona Labor Department. (1987). The state minimum wage. Retrieved from: http://www.ica.state.az.us/labor.labor_main.aspx Johnson-Massie, D. (2013). Avoiding retaliation claims: A “win-win” for employers and employees. The Atlanta Tribune, 27, 21. Retrieved from http://search.proquest.com/docview/1412844031?accountid=35812 Smith, K. J. & Harris, L. M. (2012). Employers’ obligations to provide reasonable accommodations. Employment Relations Today (Wiley), 39(3), 97-104. doi:10.1002/ert.21381 Snow, T. B. (2013). Federal Employment Discrimination Laws Explained -- Title VII. Retrieved from http://www.avvo.com/legalguides/ugc/federal-employment-discrimination-laws-explained----title-vii The United States Equal Employment Opportunity Commission. (2008). Facts about the American with Disabilities Act. Retrieved from http://www.eeoc.gov/facts.fs-ada.html Weiss, T. C. (2009). ADA law and accessibility – The cost of non-compliance. Disabled World. Retrieved from http://www.disabled-world.com/disability/ada/ada-law-accessibility.php

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