Analysis of Labor and Employment Law Essay

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.

The promotion was given to the younger (32yr old) employee over the senior (68yr old) employee due to his age. Even though the fact that the senior employee’s work was above par in comparison to the younger employee.

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

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

Employee B, in accordance with the Older Workers Benefit Protection Act (OWBPA), has been violated with age discrimination due to the fact that his performance review was rated at an “above average” in comparison to the 32 year old that had his annual review rated at “adequate.” The (OWBPA) was an amendment to the (ADEA) in 1990, specifically drafted to ensure that fair treatment and labor rights are afforded to any employee over the age of 40.

Based off of the information provided, Company X is in clear violation of the ADEA. Employee B is over 40 and therefore in a protected job class. Unless they have reason to justify their decision, employee B

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

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)

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

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

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.

The American employment laws are designed to foster human dignity and in the process provide employees with various tangible benefits. It is therefore expected for employees to be on the forefront in supporting and adhering to them. Likewise if an organization applies effectively these laws, it can benefit massively from dynamic, healthy, motivated, and productive employees. It therefore goes without saying that managers, just like employees, should promote these laws and thus ensures the organization conforms to them. Generally these laws govern the workplace actions of employers and employees. It ensures a fruitful and legally conducive environment and relationship exists between these two parties, and within employees

Employment or labor laws have been developed to facilitate smooth relationship between employers and employees. Employment laws provide rules and regulations that should govern both the employer and the employees in their places of work. Employment laws discuss issues related to child labor, wages and salaries, retirement, working conditions, compensations, incentives and employment benefits among others. The major objective is to ensure the employer does not exploit the employee and on the other hand, the employee honors the terms and conditions of the job as presented by the employer.

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