What are the rules that apply for collecting unemployment compensation in Rhode Island - Research Paper Example

The Universal Declaration of Human Rights states "Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment."However, every right enjoyed must fulfil responsibilities that go with it. Hence labor laws the world over have been laid down to protect both the employer as well as the employee, so that neither can take undue advantage of the other. In the US, the Department of Labor has laid down statutes and regulations that govern wages, benefits, safety, health and non discrimination policies.

The Office of Federal Contract Compliance Programs clearly states in its executive order, “The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin.” (Office of Federal Contract Compliance Programs) The Fair Labor Standards Act (FLSA) lays down standards for minimum wages and overtime pay that can be claimed by workers under various categories. FLSA covers over 130 million workers employed in public and private sector enterprises.

Under this Act basic hourly wages are defined under various categories wherein age, skills and other considerations of the employee are taken into account and exemptions are given to certain categories of student workers who can be employed below standard minimum wages. However it is mandatory for the employer to post a notice explaining the minimum wage act in places where it can be easily accessed by employees. The Department of Labor strictly enforces the requirements of the Act and when violations are discovered, the employer is requested to pay back wages wherever applicable.

Employees also have the right to file a suit in case of violation of the Act and can be reimbursed up to two years back wages, in addition to damages, attorney’s fees and court charges. The Occupational Safety and Health Act (OSHA) ensures that employees work in a safe and healthful environment that is free from hazards to their health. The employer must ensure that adequate training has been given to employees in the use of safety equipment. However, the employee’s conduct and actions too must comply with safety rules set down by the employer, like use of protective equipment where necessary.

The general duty clause of the OSHA clearly states that the employer "shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees" (Basic Provisions of OSHA). Although OSHA has separated its safety standards into different categories, some provisions that address issues like personal protective equipment and hazard communication are similar for all employees.

OSHA also offers information in various formats as well as training and consultation services to educate people about safety and health hazards, as well as precautions to be taken to ensure safe work environments. This act is geared to prevent injury and work environment related illness or disease and strives to maximize the safety and health of every employee. The Employee Benefits Security Administration (EBSA) is responsible for administering the Employee Retirement Income Security Act. (ERISA) EBSA has the authority to ensure that employees receive these benefits promised by the employer.

ERISA includes welfare plans that benefit employees while they are in active service as well as at the time of retirement or termination of employment. Such welfare plans include health benefits, disability or death benefits as well as scholarship benefits, daycare benefits, training and apprenticeship and a host of other such benefits. Unemployment Insurance is a program funded by taxes paid by the employer. This program ensures that economic stability is maintained among the unemployed. It provides temporary and often partial wages to those who have lost their jobs through no fault of their own.

The Unemployment