Employment and Labor Law
Employment and Labor law initially arose out of protection for employee as a result of the outcomes being one-sided towards employers. There are four categories dealing with employment law. The most famous of these is the Employment at Will which is also known as the Law of Wrongful discharge to many. Pay and Benefits is another category to be mindful of when thinking in terms of Labor Law, this category also includes safety and privacy issues for the employee. The third category deals with Union-management relationship, and last but not least is discrimination and harassment. Who has what responsibility in these sensitive issues is what we are going to discuss within this document.
The famous Employment
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The surprising thing is that qualifying employees may take as much as three months during a year for family related incident. Incidents such as adoption, birth of a child or for medical reasons which includes at a minimum of three days of incapacitation are qualifying instances.
Worker safety which encompasses workman’s compensation also falls under employment and labor law. In essence, an employee is entitled to workman’s compensation if the employee is injured on the job. If the injury was the result of a safety issue at work or whether it was the employee’s own fault that caused the injury that employee may still be entitled to workman’s compensation. Not being compensated through workman’s compensation as a result of a work injury makes no sense at all. Without it, families could lose everything especially more so if they are the only working member of the family. How would they support themselves or their families?
Occupational Safety and Health Act (OSH Act) has two stipulations in which an employer is subject to Workman’s Compensation to their employee. It falls under general duty clause and specific duty clause. Stipulation one necessitates that an employer provide a realistically safe environment. In other words there shouldn’t be any major hazards which may result in the employee’s death or grave bodily injury. Under the Specific Duty Clause, employers must follow the Occupational Safety and Health Administration, more commonly
Employers must provide a safe working environment for all of their employees. The legislation states it is an employer’s duty "to ensure, so far as is reasonably practicable, the health, safety and welfare at work" of all their employees as well as others on their premises, including temps, casual workers, the self-employed, clients, visitors and the general public.Workers health is paramount within an organisation, employers must ensure that all workers health is not affected by the work they are doing and put in place all necessities to prevent this. The Health and Safety at Work Act sets out specific standards which can add costs to a business, however these costs are considered essential for the safety of all workers. Most of the costs come from training staff about health and safety and putting in place procedures to maintain this. This act prevents unfair unsafe working conditions which in turn reduces the likelihood of accidents or injury at work. If a worker has injured themselves at work due to something which could have been otherwise prevented by the company had the followed the guidelines of the Health and Safety at Work Act they company may be required to pay out for the injury. For those who employ five or more staff, employers must also keep and revise a written record of health and safety policy and consult
On the Fair Employment Law page, what is the time limit for filing a discrimination complaint in Wisconsin? (bottom of page)
When we are dealing with the employment relationship between employers and employees, ethical issues are most likely to emerge. Especially, if a manager fires a worker without a proper reason, critics will follow this employer’s behavior. In Patricia Werhane’s paper, “Employment at Will and Due Process”, discusses two doctrines which are Employment at Will (EAW) and Due Process. It also addresses some justifications and objections for EAW, and shows Werhane’s supportive view to Due Process. In contrast, EAW is defended by Richard Epstein in his article “In Defense of the Contract at Will”. In my paper, I will attempt to develop my argument in favor of Employment at Will that could improve flexibility and efficiency of
Employers are ethically bound to do all they can to ensure that employees do not suffer illness, serious injury or death. They are by law required to carry out risk assessments as any accidents and injuries occurred which have not been risk assessed could inflict significant costs on the company.
1. Explain how job design in criminal justice agencies needs to take into account the provisions of the Americans with Disabilities Act in making reasonable accommodations for its disabled employees.
Litigation and Implication. Although Lewis & Lambert have not had any litigation regarding unfair labor practices, three counterparts in Local 68 have had allegations against them regarding Duty
In contrast to workers’ compensation, OSHA does not provide payment to injured workers. However, OSHA implements safety policies and standards by company inspections, citations, and fines. In addition, OSHA mandates employers to educate and train employees regarding the specific dangerous substance regulation called the Hazard Communication Standard
Employment law encompasses remedies that address employee grievances and discrimination that occur in the workplace environment. The foundation of this system is the United States Constitution, which provides two sources of laws and regulations. These two sources are individual state constitutions and the national constitution. Under this system of federalism, there is also the Bill of Rights, which provides the origins of the majority of employment law. The most widely known document is Title VII of the Civil Rights Act of 1964 (42 U.S.C. Sec. 2000e et.seq.) The judicial, executive, and legislative branches of the government of the United States create and enforce rules and regulations as promulgated by the constitution. Individuals
Q1 – Understand the purpose of employment regulation and the way it is enforced in practice.
The purpose of Employment Law is to provide legal protection to employees and employers. Employment Law is set up to ensure legal guidelines and standards are met with recruiting, working standards, pay and allowances and the disciplinary process. It is also aimed at protecting a person’s Equality and Human Rights such as
Health and Safety Regulations aim to improve safety in workplaces, making employers and employees equally responsible for ensuring that they protect themselves and others from accident and injury. The regulations refer to such things as clean kitchens, safety guards on machinery etc., If an employee is injured at work because of breaches of these rules then compensation can be awarded. Most health and safety legislation places place the responsibility of health and safety on the employers. The responsibilities may however be delegated to other competent persons such as fire warders, first aiders and care takers but the employer still
The National Labor Relations Act (NLRA) started in July 1935 to protect the rights of employees, rather, they be union or nor-union employees (Pozgar, 2012). The employees are protected under the Act or may employ in bubble-like, rigorous goings-on in situations other than the customary union organizations and cooperative bargaining. The National Labor Relations Board regulates the employers from interfering with the rights of the employees to implement or organize and join with a groups that offers assists with collective bargaining purposes like organization union or joining one (Pozgar, 2012). The employer may not restrain, coerce or stop 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
After the abolition of slavery, the resentment which former slaves felt at their exploitation and the low wages plantation managers were prepared to pay, (which were below what a family could live on), turned the former plantation workers against work in agriculture. This refusal to continue to work on the plantations became, in an industrial relations context, the first "withdrawal of labour" or strike action. Eaton (2002) purports that the industrial relations response by the state, which was coeval with the mercantile class, co-operated in defeating the workers' protest action by