David Walker Employment Law Scenario

10 October 2016

This paper will review the Labor Laws for employment at Barbara’s Bakery and to assist in making sure that all the hiring decisions fall within the law before the doors open. Barbara’s Bakery owner has hired our consulting firm to make recommendations to identify the correct laws the owner should comply with in their decision process in the employment hiring policies.

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The laws that Barbara’s Bakery LLC, should be working with before the bakery opens for business is the Fair Labors Act of 1938 (FLSA) and the American Disability Act of 1990 because they both are an important selections in the decision process for acquiring employees to staff the bakery. Fair Labor Act and Americans Disabilities Act Provisions Whenever an employee is hired the Federal and local State regulation on safety are very important so that all occupational, health, and even OSHA set mandates are followed to the tee.

While local state laws have guidelines in place for their own mandates once an employee is hired it does not void the federal mandates. One of these guidelines set provisions with the department of health as an example to have employees have a clean bill of health from a doctor for starters. If an employee is hired that has known diseases, they must report them to the Department of Health for the general public’s safety as part of the provision. For the Fair Labor Standard Act does have a provision on how many labor hours a hired worker can work once they are hired.

The FLSA sets the standard for overtime pay, recordkeeping, child labor, and minimum standard wages affecting workers not only in private segments of jobs, but along with the guidelines the Federal, State, and local governments levels require. The FLSA also covers nonexempt employees so they are permitted to revive minimum wages that can be no lesser than $7. 25 per hour per FLSA. FLSA also warrants in the standards for overtime pay in that if the workers are not to receive less than 1 and 1. 5 times the basic standard pay rate, and is mandatory after forty hours of ork in a steady work period or week. This law protects the worker in the event that Barbara’s Bakery at any time selects to hide or devise a way to keep paying overtime when warranted by law. This action would be followed by a possible suit by the workers based on the FLSA provisions. The American Disabilities Act states approved through Congress (1990) which forbids the discrimination of workers, services in the public, housing, and communication through phones that the disabled public use.

People with the Disabilities Act have civil rights that protect their disabilities very much like any of a race, sex, color, age, and religion type. The point in the ADA provision is that if a individual has the skills to perform the job position open, the ADA can protect them from discrimination on the premises of their disability. A civil suit based on the law that governs both the FLSA and the ADA for any violation. “The purpose of the association provision is to prevent employers from taking adverse actions based on unfounded stereotypes and assumptions about individuals who associate with people who have disabilities.

Thus, it makes unlawful actions such as refusing to hire an individual who has a child with a disability based on an assumption that the applicant will be away from work excessively or be otherwise unreliable, firing an employee who works with people who are HIV-positive or have AIDS based on the assumption that the employee will contract the disease, or denying an employee health care coverage available to others because of the disability of an employee’s dependent.

This document explains the requirements of the ADA’s association provision and provides examples of how it applies to these and other employment situations. ( The U. S. Equal Employment Opportunity Commission). ” Consultant Recommendation As the consultant being asked to make recommendations and suggestion on the provisions that are important for Barbara’s Bakery to be most focused on is the Fair Labor Standard Act which necessitates all workers to obtain a wage of $7. 25 at the minimum and if the worker works more than 40 hours they are paid for overtime at this level of pay.

As the consultant the primary recommendation when hiring workers at the minimum wage level is to make certain Barbara’s Bakery managers show that workers follow the provision because of the certification by the Department of Labor for high school teens. Barbara’s Bakery will have personal attention given by the consulting group to the detail regarding applying the FLSA standards for minimum wages, overtime compensation, recordkeeping, and youth labor that has a direct effect on every newly hired full and part-time worker.

Furthermore, the staffing can consist equally of hired workers and outside contractors, the recommendation for Barbara’s Bakery is to entertain both groups so that a balance in both options helps in having skilled and in training workers. Penalties for Lack of Compliance The rules for an employer failing to pay all hours worked where the worker is entitled to be paid can result in a wage violation based on the FLSA minimum rates.

Even if the company that you are employed at pays the correct rate, your boss may have failed to correctly total all of the worked time you are to be compensated for. The penalty for failing to account all time worked could result in a violation of the minimum wages act if the amount of compensation is divided with the employees actual total of time does not match the actual hourly wages. At this point if all the labor is accounted for is wrong, then this can also be a violation of overtime. Class action wage and hour lawsuits against Wal-Mart have generated a significant amount of media attention, as the retailer is the largest private employer in the world. The company has lost high profile lawsuits over wage violations in California in 2005 and Pennsylvania in 2006, which resulted in verdicts of $172 million and $78 million respectively for Wal-Mart employees in each state. ”(AboutLawsuits. com) Laws that Apply Here with Barbara’s Bakery to have two laws that could apply to the hiring of workers.

The first is the worker that is hired as an independent contractor. The law states that an independent contractor which has a self-employment status is not subject to the same employment labor or any tax laws that could apply to them. Second, the worker that is hired both full and part-time is subject to all the requirements of the law for state and federal income tax, Medicare, and social security withholdings. Employees that are temporary are just as eligible in benefits to absence, social security withholding, and compensation that apply to being unemployed. Conclusion

Our consulting team has successfully advised the owner of Barbara’s Bakery, LLC on the hiring efforts so as to be in compliance with the Fair Labor Standards Act (FLSA) and the Americans with Disabilities Act (ADA). Important here is that they will not in any form break the laws or have lawsuits brought against the business. The Fair Labor Standards Act and the Americans with Disabilities Act information is readily available to review, which has very informative helps to provide support for all employees whether abled to disabled when making a decision to hire.

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