Employment Law Compliance - Atwood and Allen Consulting - Essay Example

Memo October 26, Memorandum Tracie Goldeman Manager Atwood and Allen Consulting Employment Compliance Plan I am writing this memo in line with the request you presented to me to have an employment compliance plan for your customer Jason Galvan who is intending to open a branch of his enterprises in India. I have gone through the email chat you presented to me and using the information I have and the laws of the land I shall be able to advice appropriately. Just to mention, it is very important to heed the employment compliance laws when dealing with any client to avoid being at loggerheads with the law. In case this is not done, any hitch could lead to termination of their license and/or a hefty fine. Any form of business should follow the compliance laws that have been set specifically to regulate the way the customers and the clients are interacting with it (Fox, 2013). These laws are also important in stating categorically how employers ought to deal with their employees, their responsibilities and the duties that they should perform. Compliance laws are found both at the state level and in the lower levels and the businesses that are run in a given location should adhere to both. The rights of the employees are very important and the cries and pleas made to the government have made the laws to be followed stringently and the violators handled mercilessly. In the next part I will put across some of the laws that need to be considered in the handling of employees and that can lead to confrontations if not addressed well. Employment Compliance Laws 1. The Civil Right Act (1964) This law states that all businesses that are formed must adhere to it. No employee should be shown any form of discrimination on the basis of his or her race, gender or color. This means that an employee that feels his rights were infringed into by the organization or the business that he is working for can forward his claim to the related authorities and a legal act taken against the employer. The three form the basis of many cases of discrimination and with their address it means that employees rights’ are safe guarded and hence improving the relations in the working environment. 2. The Age Discrimination in Employment Act (1967) Abbreviated ADEA, this act states that the rights of an employee who is beyond forty years must be safe guarded. No employee should therefore be subjected to any form of discrimination whether physical or otherwise by virtue of his age. Those people who are seeking employment at their advanced ages are also amply covered by the act as it seeks a fair platform where all the people wanting to be employed can be given a chance to present their reasons why they should be employed. In many circumstances organizations don’t prefer working with employees with advanced ages but prefer the ones who are young. This law therefore acted to bridge the need and the market requirement for employees. Hiring of new employees should be done in adherence to the law and other actions that may follow including promotions or layoffs should be done without discrimination of any employee in regard to their age. This is important to the organization as layoffs commonly elicit legal battles that may end up with hefty fines being slapped on the organization (AARP, 2006). However, the act does not apply if the business or organization’s workforce is below twenty employees. Since our client want to open a branch in India it means his workforce will be over twenty employees and so the law will apply. The court can decide to give the employee the benefit of getting his benefits if the employer decides to terminate his employment in a situation that is proven beyond any reasonable doubt to be discriminatory. 3. The Immigration Reform and Control Act of 1986 Under this act undocumented workers (workers who are not legally verified to be in an area) are unlawfully present in the country. According to Robinson & Gilbertson (1987), since in the past organizations could have the workers without being held accountable, new rules were put in place that ensures those who are having such employees in their companies are to be held accountable (p. 658-664). The penalties are defined for those employers who knowingly employs employees who are undocumented. The fines range from two hundred and fifty dollars to ten thousand US dollars for each undocumented worker. This has considerably cut the number of such workers as the employers are scared of the fine that can be slapped on them. 4. Occupational Safety and Health Act of 1970 This act is important in defining the regulations of the working conditions that employees should be subjected to. It states that the working conditions that the employees are working in should be free from any substances that can cause damage to their bodies such as biohazards or those that can cause physical injury. Employers and employees are provided with information and training on how to work safely in any given environment without causing avoidable injuries. Intentional violation of the act leads to fining or retraction of the license from the organization which can render its services unavailable. Conclusion To ensure that the business one starts runs well it is crucial to look at the employment compliance laws that regulate the interaction between the employers and the employees. The acts that have been discussed above-though not the only ones that address the issue try to safeguard the rights of the employees from abusive and discriminating employees. The issue of discriminating employees on the basis of their age, race, culture or gender has been so rampant calling for stringent rules to be put in place and avert the situation. No employer should therefore base his decisions on such issues maybe when trying to get the right people to get promotions. This information can therefore be used in helping Jason so he can be on the safe side with the law. References Robinson, R. K., & Gilbertson, D. L. (1987). The Immigration Reform and Control Act of 1986: Employer Liability in the Employment of Undocumented Workers. Labor Law Journal, 38(10), 658-664. AARP. (2006). Age Discrimination: What Employers Need to Know. Available at. Fox, W. M. (2013). Texas Most Critical Employment Laws. Business Management Daily. P. 12. Read More