Paper Example: Exploring Employment Law and Compliance in a Growing Company

Introduction

A given stipulation of employment law guides every business company. The law governs and helps nourish a good employment relationship between the employer and the employees. Our employer company, which deals with the manufacturing and distribution of sports equipment, has since its establishment grown and expanded quickly. The company has managed to increase the number of its employees from the few who helped launch it, to a total number of 25 workers. The company has made tremendous achievements in its section of labour since its day of establishment, as it had focused on growing and expanding its business. Just like in any other bigger business organization, the company has therefore decided to revisit its employment law and the employees' compliance with it. The reason being is that it is rapidly expanding and growing, thus the need to organize its labour sector. The paper therefore, discusses the company's employment compliance memo, outlines, and discusses the components of its labour law, following the increase in the number of employees since its launch.

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PART A

The Company's employment law help nourishes and governs a good relationship between the workers and the Chief Executive Officer, who is the organization's president (Taylor & Emir, 2015). Therefore, due to the rise in the number of employees in the company since it joined the business market, there is a need to review and clarify its employment law and discuss its compliance. The law is encompassed of both the federal and the state laws, and thus inclusive of several various aspects with the sole intention of protecting the employees' rights at work (Taylor & Emir, 2015). These laws help address the grievances of the workers regarding the aspects of safeguarding their safety and general health. At the same time, at work, prevent their discrimination, attain a minimum necessary standards of economic support, as well as prevent disagreements between the workers and management, a fact that can disrupt and slow down the pace of work.

The Fair Labour Standards Act

The Fair Labour Standards Act (FLSA) is a vital piece of federal legislation that was proposed and implemented during the Great Depression to safeguard workers' grievances. It related to the suffering of long hours of work, harsh, dangerous working conditions, as well as unjust payment rewards (Taylor & Emir, 2015). The FLSA stipulated a federal minimum wage per hour for workers, and the laws of child labour for some job industries. When the FLSA was implemented in 1938, the proposed minimum job wage per hour stood at $0.25 (Taylor & Emir, 2015). As of 2020, the FLSA enacted an hourly minimum wage of $7.25 (Taylor & Emir, 2015). However, several states offer higher minimum hourly wages to their workers than the federally proposed $7.25 as of 2020. In contrast, states such as Washington DC mandated minimum wages up to $13.50 on an hourly working basis (Taylor & Emir, 2015).

Limitation on Employment at-will

The law stipulates that any employer is free to terminate at any time a worker because of any reason (Morello, 2017). However, there is an exception whereby employers cannot let go of their workers because of an illegal purpose, or when the employee has not incurred legal liability that is justifiable (Morello, 2017). The same way, a worker has the freedom to quit any job at any given time, whether they have or do not have any reason to do it (Morello, 2017). There are no consequences for employees when they leave any form of employment at will. Also, an employer can alter terms of job relationships at will without warning or consequences (Morello, 2017). For instance, an employer may decide to reduce wages, end employee benefits, or even lower the time off pay. The employment law in the U.S, therefore, leaves workers at high risks of abrupt job dismissal or arbitrary vulnerability in its form that is unadulterated (Morello, 2017). It also leaves employees with a reduced or on-call schedule of work, depending on the needs of the employer, as well as reduced or terminated job benefits and payment cuts.

Title VII of the Civil Rights Act of 1964

The law famously illegalizes discrimination of workers in employment, based on their race, religion, colour, gender, or even the nationality of origin (Taylor & Emir, 2015). The implication here is that these employment aspects cannot be legally put into consideration by employers while in their encounters of employing, dismissing, compensating, or promoting employees, among other relevant and crucial job aspects.

The Age Discrimination in Employment Act

The law illegalizes the discrimination of employees based on their ages in actions and programs that receive financial support from the federal (Airlines, 2018). As it applies to the employees of all age brackets, the act allows the adoption of specific age distinctions and other considerations that fulfils its requirements apart from employees' age. The act is under enforcement by the Centre of Civil Rights (Taylor & Emir, 2015). A particular group of job applicants and workers who are aged 40 years and above are protected by the Age Discrimination in Employment Act of 1967 (ADEA), from being discriminated based on the hiring age, discharge, promotion, compensation, terms, privileges, or conditions of employment (Airlines, 2018). The Equal Employment Opportunity Commission enforces the ADEA.

The Americans with Disabilities Act (ADA)

The employment law was implemented in 1990, and it is relevant to the employers whose population of workers exceeds 15 in number (Vornholt et al., 2018). The ADA law of employment prohibits workers from discriminating against their colleagues, who have various disabilities (Airlines, 2018). Here, workers with disabilities include those with mental or physical impairments that restrict one or significant extra life, those with records of the above impairments, or those who have them.

The State Discrimination Laws

These are employment laws in the Constitution of the U.S (Marchiondo et al., 2019). They prevent the discrimination of workers based on sexual orientation, race, religion, sex, nationality, age, and physical impairment by employers. Here, the discriminatory activities involve bias in recruiting, job tasks, promotion, dismissal, reward, retaliation, and different forms of harassment.

PART B

The employees of any business organization must conform to the laws of employment as is stipulated by their employer companies, for harmonious and orderly daily operations that favour both the employees and employers at every end (Airlines, 2018). They must also maintain general work discipline and decency regarding their execution of duties, punctuality, etiquette, and general physical presentation, as well as the arrangement and keeping of the necessary work records like handbooks, forms, notices, and other personal files.

The General Policy

The company's rules and regulations for the employees' conduct are to facilitate the efficiency of the daily activities, as well as the overall harmonious and orderly execution of job operations. Violation of these employees' rules and regulations by the workers, shall attract a series of warnings. In case of any persistence, a significant magnitude of disciplinary measures shall take action. The above rules and regulations are drafted and published to guide the workers by providing them with information, as well as protecting them. Ignoring the rules of work by an employee is not an allowed violation excuse. Every employee bears the responsibility of familiarizing themselves with these rules and conforms to them at any instance of work.

Rules of conduct for non-bargaining unit employees

The company's Human Resource Management is to be put under consultation concerning the consistency of the interpretation of the working rules, and the relevance of the penalty assigned to their violation. The violation of the above regulations, however, shall attract a significant form of penalty, which will range from a verbal warning, formally drafted a warning, suspension, to dismissal finally.

Conclusion

Generally, all business companies operate by a specific stipulation of employment law. The law governs and helps nourish a good employment relationship between the employer and the employees. The company has managed to increase the number of employees from a few who helped launch the company, to a total number of 25 workers. The company has made greater achievements in its section of labour since its day of establishment, as it had focused on growing and expanding its business. Therefore, like other advanced organizations, the company has decided to revisit its employment law and the employees' compliance with it. It is because of its rapid expansion, thus the necessity to organize its labour sector.

References

Airlines, E. (2018). Code of ethics and business conduct. Retrieved in Dec. http://www.expressjet.com/assets/Uploads/About/3.22.18-Ethics-Code.pdf

Marchiondo, L. A., Gonzales, E., & Williams, L. J. (2019). Trajectories of perceived workplace age discrimination and long-term associations with mental, self-rated, and occupational health. The Journals of Gerontology: Series B, 74(4), 655-663. https://academic.oup.com/psychsocgerontology/article/74/4/655/3958244

Morello, R. N. (2017). Business Plan Competition: The Promotion of Employment and Layoffs in Fragile Areas of Nigeria (Doctoral dissertation, Georgetown University). https://www.ncsl.org/research/labor-and-employment/at-will-employment-overview.aspx

Taylor, S., & Emir, A. (2015). Employment law: an introduction. Oxford University Press, USA. https://study.com/academy/lesson/what-is-employment-law-an-introduction-to-employment-law.html#:~:text=of%20employment%20law.-,Employment%20law%20is%20the%20area%20of%20law%20that%20governs%20the,goal%20to%20protect%20workers'%20rights.

Vornholt, K., Villotti, P., Muschalla, B., Bauer, J., Colella, A., Zijlstra, F., ... & Corbiere, M. (2018). Disability and employment–overview and highlights. European journal of work and organizational psychology, 27(1), 40-55. https://www.tandfonline.com/doi/full/10.1080/1359432X.2017.1387536