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Employment Law Compliance Plan

By tsweitzer Apr 26, 2015 1466 Words


Employment Law Compliance Plan
Tiffaney Sweitzer
Human Capital Management/HRM531
September 29, 2014
Dr. Gary Woodlin

TO: Bradley Stonefield, Owner of Landslide Limousines
FROM: Tiffaney Sweitzer, Business Consultant
DATE: September 29, 2014
SUBJECT: Employment Law Compliance Plan
Compliance with employment laws is a must for every employer. The size of the company will determine which laws are applicable to your business. Below are four laws that are relative to Landslide Limousines. Each law will give an overview of the law, consequence of noncompliance, and recommendations for compliance. Immigration Reform and Control Act

The Immigration Reform and Control Act (IRCA) will be particularly important in Texas. The law applies to all employers, regardless of the number of employees. It states that employers will not employ individuals who are not legally authorized to work in the United States. Employers must properly identify every employee and verify their work authorization. Employers and the employee must sign the I-9 form attesting that the employee is lawfully eligible to work in the United States (Cascio, 2013, Chapter 3). Consequences of noncompliance

There are consequences if the business does not comply with IRCA. A civil monetary penalty can be issued for hiring, recruiting, and referral violations. The civil penalty can range from $250 to $10,000 for each unauthorized alien. The business may also have to take remedial action as appropriate. A civil monetary penalty will also apply for paperwork violations and will range from $100 to $1,000 for every individual for which the violation occurred (EEOC, n.d.). A criminal penalty and injunctions can also apply if there is a pattern or practice of violations. A person engaging in a pattern or practice of violations can be fined up to $3,000 for each unauthorized alien and imprisoned for up to six months for the entire pattern or practice (EEOC, n.d.). Recommendations for compliance

The business must properly identify every new employee verifying their identity and work authorization. You should make copies of the documentation you accept to verify the employees’ identity and work authorization. This documentation could be a work visa or Social Security card (Cascio, 2013, Chapter 3). The business should also make sure all I-9 forms are properly filled out for all people hired. The business should perform a self-audit of these forms to make sure they meet the requirements and are filled out for all employees hired. The I-9 forms should be filed in an easily accessible area (Cascio, 2013, Chapter 3). Americans with Disabilities Act

The Americas with Disabilities Act protects peoples with disabilities from discrimination in employment, transportation, and public accommodation. It applies to all employers with more than 15 employees. It only protects qualified individuals with a disability who can perform the essential job functions with or without accommodations. A disability is a physical or mental impairment that substantially limits one or more major life activities (walking, talking, seeing, hearing, or learning.) Accommodations must be made unless it would cause the employer to suffer an “undue hardship” (Cascio, 2013, Chapter 3). The act also covers people based on their relationship to people with disabilities. Every employer covered under this act must post notices to employees, potential employees, and members in an accessible format explaining the act and their rights granted under this act (ADA, 2009).

Consequences of noncompliance
Employers that violate ADA and are not in compliance with the act could have to pay compensatory damages for pain and suffering and punitive damages. The maximum combined damages that the business would have to pay are $50,000 (Cascio, 2013, Chapter 3). The case would have to be brought by the Justice Department. The department only issues a fine when the business has a substantial violation, hostile acts against individuals with disabilities, sustained resistance to voluntary compliance, and long-term failure to inquire what the ADA requires. The Justice Department will consider the size of the business and its resources in determining civil penalties. Texas also can charge the employer with a Class B misdemeanor ("Labor Code ", n.d.). In Austin, Texas, the city attorney will advise the Equal Employment Office or Commission of the charges (City of Austin, Texas, n.d.).

Recommendations for compliance
There are many ways that you can comply with ADA. Firstly, you should put ADA notices in employee areas such as the limousines and the office. All people supervising employees should be trained to recognize potential disabilities and how to handle accommodations. You should utilize resources such as the EEOC’s website (www.eeoc.gov). The business should also review all policies and procedures to see if they are following ADA. You should also make sure their employees are aware of their rights under ADA and how to ask for accommodations (U.S. Equal Opportunity Commission, n.d.). Title VII of the Civil Rights Act

Title VII of the Civil Rights Act prohibits discrimination based on race, color, religion, sex, or nation origin. The Equal Employment Opportunity Commission (EEOC) was created through Title VII of the Civil Rights Act. It covers all employers that have 15 or more employees that are not private clubs, religious organizations, or connected with an Indian reservation. People have two years to file a charge if they feel that they have been discriminated against per the above-protected groups (Cascio, 2013, Chapter 3). The only exception from discrimination is employers are allowed to select a United States citizen over an alien when the two applicants are equally qualified.

Consequences of noncompliance
Employers that violate Title VII of the Civil Rights Act could pay compensatory damages for pain and suffering and punitive damages. The maximum combined damages that the business would have to pay are $50,000. (book) Texas also can charge the employer with a Class B misdemeanor ("Labor Code ", n.d.). In Austin, Texas, the city attorney will advise the Equal Employment Office or Commission of the charges (City of Austin, Texas, n.d.).

Recommendations for compliance
It is recommended that you keep the same employment practices that do not discriminate against a protected group to comply with this law. Interview questions should be worded to avoid discrimination. All employees should also be trained to avoid discrimination in all cases, including their customers. The EEOC’s website should also be used to make sure discrimination is not happening in the workplace. Age discrimination in Employment Act

The Age discrimination in Employment Act (ADEA) protects individuals 40 years old or older that is an applicant or employee of a business. It includes discrimination in pay, benefits, hiring, job assignments, promotions, training, or continued employment unless the employer can demonstrate that age is a bona fide occupational qualification for the job. It does not protect workers under 40 years old (Cascio, 2013, Chapter 3). Age discrimination includes anything that involves treating someone 40 years old or older less favorably because of his or her age. It can also include harassment, such as unfavorable remarks about a person’s age, which can create a hostile or offensive work environment (U.S. Equal Opportunity Commission, n.d.).

Consequences of noncompliance
Employers that violate ADEA can face monetary penalties such as back pay and benefits and attorney fees. Federally, there is no criminal penalties. Texas also can charge the employer with a Class B misdemeanor ("Labor Code ", n.d.). In Austin, Texas, the city attorney will advise the Equal Employment Office or Commission of the charges (City of Austin, Texas, n.d.). Recommendations for compliance

There are a few things that will help the company comply with ADEA. Managers should ask themselves whether they are not hiring or firing an individual solely based on their age. Managers must understand that age is not a valid reason to not hire or to fire someone. Training should be provided to employees, so they understand what is not acceptable in the workplace. IRCA, ADA, Title VII of the Civil Rights Act, and ADEA will give you a greater understanding of what is required of employers with 25 employees. It is important to understand exactly which laws apply to your business.

References
 ADA. (2009). Americans with Disabilities Act of 1990. Retrieved from http://www.ada.gov/pubs/adastatute08.htm#subchapterI Cascio, W.F. (2013). Managing Human Resources (9th ed.). Retrieved from The University of Phoenix eBook Collection database.  City of Austin, Texas. (n.d.). Code of Ordinances. Retrieved from https://www.municode.com/library/tx/austin/codes/code_of_ordinances?searchRequest={%22searchText%22:%22employment%22,%22pageNum%22:1,%22resultsPerPage%22:25,%22booleanSearch%22:false,%22stemming%22:true,%22fuzzy%22:false,%22synonym%22:false,%22contentTypes%22:[%22CODES%22],%22productIds%22:[]}&nodeId=TIT5CIRI_CH5-3DIEMGE_S5-3-4UNEMPR  EEOC. (n.d.). IRCA. Retrieved from http://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html Labor Code. (n.d.). Retrieved from http://www.statutes.legis.state.tx.us/Docs/LA/htm/LA.21.htm U.S. Equal Opportunity Commission. (n.d.). Age Discrimination. Retrieved from http://www.eeoc.gov/laws/types/age.cfm U.S. Equal Opportunity Commission. (n.d.). Disability Discrimination. Retrieved from http://www.eeoc.gov/laws/types/disability.cfm

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