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Employment Law - Article Example

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Summary
The purpose of the Age Discrimination in Employment Act (ADEA) according to Sec.621. [Section 2, b] is to promote employment of older persons based on their ability rather than age; to prohibit arbitrary age discrimination in employment, to help employers and workers find ways of meeting problems arising from the impact of age on employment…
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Employment Law Article
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Download file to see previous pages They are the only ones who can file a complaint under this law. But, they are required to show proof of the alleged discrimination because in all cases coming under the jurisdiction of judicial or agencies exercising quasi-judicial functions it is necessary that there is proof to support any claim. Opinions or belief of discrimination are not accepted. There must be proof to show that discrimination did occur. Witness as to events or truth of contents of documents and the actual documents must be presented. A complaint by a person aged 40 or older demonstrating that he/ she was replaced by somebody younger than aged 40 is insufficient. He/ she must show that the younger person has less competence and experience than him/her to handle the tasks of the position as delineated in the office job description. Because it may be possible that the younger person is more knowledgeable, competent and experienced for the job, in such a case there is no discrimination. As in the case of Cerutti v BASF Corp., where the court ruled that there was no discrimination in the case filed by 10 workers laid off due to the restructuring of the corporation because the "employees (retained, though some of younger age) had the skills needed for future performance given the restructuring."
Texas has its own Child Labor Law patterned after the Federal Law but some provisions were added or clarified to the needs of the State of Texas. The purpose of the Texas Child Labor Law is to ensure that a child is not employed in an occupation or manner that is detrimental to the child's safety, health, or well-being. Children aged 14 and above are allowed to work except for some tasks that the law either totally prohibits the child to do, or may be allowed at certain ages. There are also tasks that although are prohibited for a certain age but may still be allowed if the child is an Apprentice or a Student Learner. In such cases there are requisites that must be met in order that the task given to the child may be considered legal:
For an Apprentice the child must be employed in a recognized apprenticeable trade; works incidental to training; works intermittently, short, and under close journeyman supervision; and registered or under written agreement about work standards.
For a Student Learner the child must be enrolled in an authorized cooperative vocational training program; and employed under a written agreement providing that: (1) work is incidental to training; (2) work is intermittent, short and under close supervision; (3) safety instruction are given by school and employer; and a schedule of organized and progressive work is prepared.
Guided by the explanations above and the Texas Child Labor Law, as the New Manager of Minyard's Grocery Store located in Texas I have assessed each child worker and found out that only the 16-year-old operating the cardboard bailer violates the Texas State Law for being a prohibited occupation or hazardous occupation (TWC 817.23, no. 8 and 12. Note that in both cases, if the child is an apprentice or a student-learner he/she is not covered by the prohibition.)
The rest of the child workers are alright as long as they follow the restrictions as follows:
A 14-year-old bagging groceries every Saturday for four hours is not contrary to Chapter 51 of the Texas State law as long as he/she is not assigned to work between midnight and 5 a.m.
A 16-year-old slicing lunch meat at the deli counter ...Download file to see next pagesRead More
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