Saturday, February 23, 2019
Employment Law Compliance Plan Memorandum Essay
The following memo is an use of goods and services Law deference Plan for landslides Limousines. The plan summarizes key federal and Texas State art impartialitys. This calculate also includes recommendations and consequences of these laws. transport note that Landslide Limousines is theatre to additional laws if the championship exceeds employing more than 50 individuals. If Landslide Limousines fails to comply with the laws highlighted in this memo, the comp any is subject to serious penalties, including hefty fines, lawsuits, and possible criminal prosecution. The federal law requires that wholly businesses in the join States comply with standard laws. Some of the laws include the Equal Employment Opportunity Commission (EEOC), the I-9 Employment Eligibility curb, and the Social Security Act (1935).excess laws include the Americans with Disabilities Act (ADA) and the Federal Un occupation Act. It is imperative that Landslide Limousines complies and downstairsstands wh at these laws detail. The EEOC law prohibits any business from discriminating against its employees. Both the EECO and the Texas Workforce Commission Civil Rights role (TWCCRD), mandate that businesses cannot discriminate against any employee based on race, sex, religion, disability, or era (Employee Rights & Laws, 2013). According to the law, Employers with 15 or more employees eng come alongd in an sedulousness affecting commerce, employment agencies, and labor unions be prohibited from denying equal employmentopportunities (Business Employer Requirements, 2013, para. 3). Failure to comply with either of these laws willing result in capableness lawsuits by employees and potential financial loss for the ships community.Employees accept the right to blame a claim against their employer if they believe that they experiencing discrimination. According to the Department of task (2013), if the charge is valid the Employee may be entitled to a remedy that will place you in th e position you would have been in if the discrimination had never happened. You may be entitled to hiring, promotion, reinstatement, back apply, a manufacture raise, or reasonable accommodation, including reassignment (para. 12). The I-9 Employment Eligibility tick is required for any employee. The Immigration elucidate and Control Act, states that the United States employers must verify the identity of all field of studyers (Employee Verification Compliance, 2013). Employers must check documentation similar identification, social security card, work visa, passport, etc., to ensure that employees are legally able to work in the United States (Employee Verification Compliance, 2013).The EEOC and the TWCCRD, work to enforce the law. If a business violates these employment laws, penalties like fines, and possible prosecution will ensue. The Department of Homeland Security, Department of agitate, or office of Immigration can investigate any business, when they so chose. If errors are found in the I-9 documentation, forms are missing, or if it is discovered that an employer knowingly employs an unauthorized worker, Landslide Limousines is subject to serious penalties (Employee Verification Compliance, 2013). Penalties for I-9 paperwork errors can include fines up to $1,100 per employee (Employee Verification Compliance, 2013). Studies show that the number of employers, who violate I-9 employment eligibility verification, continues to rise (Employee Verification Compliance, 2013). Therefore, it is imperative that Landslides Limousines pays close attention to this.Texas Payday Law is a law that Landslides Limousines call for to be knowledgeable of. The law states that employers are not required to pay employees additional wages for working holidays or weekends (Texas Payday Law, 2013). This is at the digression of the employer. placidity breaks over 20 proceeding and lunch breaks exceeding 30 minutes must be paid. Texas law requires that wages must be deliv ered to the employees at their regularplace of work during working hours, mailed by registered mail, or by direct deposit to be received by the employee no later than payday (Texas Law, 2013, para. 2). Under Texas law, employees can file a claim for gratuitous wages. They may do this up to 180 days from when pay is ascribable (Texas Law, 2013). If an employee is laid off, quits or is fired, the employer must pay the employee owed wages by the next pay period (Texas Law, 2013).Employers are not required to pay employees vacation pay, unless this benefit is offered in writing before or during employment (Texas Law, 2013). The Texas Department of Safety Health Consultations (OSHCON) is a program that is available to businesses by the Texas Department of Insurance. Companies with fewer that 150 employees are entitled to a drop by the wayside inspection (Business Employer Requirements, 2013). If companies meet the federal requirements, they are exempt from a plan inspection for 12 mo nths (Business Employer Requirements, 2013, para. 1). This is a program that Landslides Limousines needs to take wages of. All businesses must meet federal requirements to operate legally. Landslide Limousines is suitable for a disembarrass inspection because it employs fewer than 150 employees. A free inspection also saves the company money. To comply with Texas sister labor laws the company should refrain from hiring individuals under the age of 21.Due to the limited hours that a mild is able to work in the state of Texas, Landslides Limousines should hire individuals over the age of 21, have excellent driving records, and at least five or more years of driving experience. A background check and a copy of employees driving records are needed from the insurance company. The limousine industry requires that employees have flexible hours such as graveyard shifts. This is illegal for anyone under the age 18. Minors are unable to work before 5 a.m., or after 10 p.m. (Chapter 15 T exas Labor Code, 2013). Federal law also states that minors cannot exceed more than three hours of work on a school day. In addition, minors cannot exceed or 18 hours during a school week (Chapter 15 Texas Labor Code, 2013). Employers who violate the child labor law can be charged with a intrusion (Chapter 15 Texas Labor Code, 2013). Under Texas State law, If an employer violates child labor law, in addition to criminal penalties TWC may assess an administrative penalty against the employer up to $10,000 per violation (Texas Child Labor Law, 2013, para. 3).To save the Landslides Limousine money, we recommend that LandslideLimousines refrain from offering employees benefits, until the company exceeds 200 employees. This approach saves the Landslides Limousines money, which allows the company to lard its clientele. Federal law states that employers are not required to offer health insurance benefit plans (Cascio, 2013, p. 477). However, beginning in 2014, employers with more than 50 employees, including respectable time-equivalent employees, who do not offer healthcare coverage and have at least one employee receiving a tax credit for health-coverage premiums will have to pay a penalty of $2.000 (Cascio, 2013, p. 477).Landslide Limousines will need to be aware of this law should employment exceed 50. As Landslide Limousines begins to grow, the company will need to be aware of the laws required for medium and boastfully businesses. The company needs to continue to follow and stay current with all Texas State and federal laws. This will help avoid penalties like prosecution and fines. We recommend that an additional evaluation be conducted at the end of the year. Please let us know if there are any hike questions regarding the information provided. The company is more than happy to discuss the above listed laws but in detail.ReferencesBusiness Employer Requirements. Texasopenwideforbusiness.com. Retrieved from http//www.texaswideopenforbusiness.com/small-b usiness/requirements.php Cascio, W.F. (2013). Managing Human Resources (9th ed.). New York The McGraw HillCompanies.Chapter 15 Texas Labor Code. 2013. Texasworkforcecomission.com Retrieved from http//www.hrp.net/wp-content/uploads/2013/03/childlaborlaws_faq.pdf Employee Rights and Laws. 2013. Texas Workforce Commission. Retrieved from http//www.twc.state.tx.us/customers/jsemp/employee-rights-laws.html Employee Verification Compliance. 2013. Cmrkmurrah.com.Retrieved from http//cmarkmurrah.com/lawyer//I-9_Compliance_Assistance_pa11620.htmDepartment of Labor. 2013. DOL.comRetrieved from http//www.dol.gov/ofccp/regs/compliance/factsheets/wprights.htmQ12 Texas Child Labor Law. 2013. Texasworkforcecomission.comRetrieved from http//www.twc.state.tx.us/ui/lablaw/texas-child-labor-law.htmlpenalties
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