These laws envelop work places. Employment laws are pertinent to businesses, employment seekers, staff, and retirees, contractors and grantees. In this paper I will have a closer look at Employment laws that govern the United States and will tackle one law after the other.
Workers Pay and working Hours Laws of Employment.
There are set laws that govern the workers pay and their working hours. In the U.S (as an example) the FLSA which stands for the ‘Fair Labor Standards Act’ is responsible for prescribing these laws. The act itself is controlled by the ‘Wage and Hour Division’ (America). These laws require that the enclosed work force (who are not let off) to be paid by their employers a minimum amount of money as their wages. It also requires an overtime wage compensate one and a half times the ordinary wage rate. For any operations that are not agricultural, these laws restrict the timing that kids who are under the age of 16 are supposed to be working. These laws also prohibit employers from employing children under the age of 18 in jobs that are seen as risky to them. Under this division of Wages and working hours, people who have migrated into the country and are authorized to work are also covered under an act known as INA that stands for Immigration and Nationality act.
Working environment safety and health Laws of Employment.
This sector is administered by O.S.H.A which stands for Occupational Safety and Health Administration. In most private sector institutions, OSHA (or any other programs under OSHA) govern these laws. It is also mandatory that all the employers enveloped by the OSH Act meet the terms of a set of laws and meet safety and health value standards set by OSHA. This Act also requires that the employers create a safe working environment free from any prior known bad hazards. The way that this act (OSHA) is enforce these rules is through inspections and several abrupt investigations. These laws will also assist the people in compliance to them through conformity programs.
Workforce Reimbursement Laws of Employment.
(a.) The compensation of workers in the US can be divided in to four sub topics. The OWCP, which standards The Office of workers Compensation Program is in charge of administration of the Act known as Long Shore and Harbor Workers Compensation. These laws will see to it that reimbursement and medical care is on check at all work places to every working staff who is a marine worker. These people include the people involved in Long Shore operations and the other anchorage working staff such as the guy who repairs the ship, the building team of the ship (COLLEGE, 2004). The law also envelops the dependants of this working staff who either survive die or sustain injuries (including being disabled) in the course of duty.
(b.) A compensation program called The Energy Employees occupational illness Compensation Act is involved in the department of Energy. It sees a bulge total of 150 thousand dollars and probable medical benefits to the work force or to a specific survivor (s) Contractors and their assistants incase Cancer hits. This is because in this industry, in the course of performance, these workers are normally exposed to radiation and sicknesses that result from being exposed to silica or / and beryllium. Another bulge sum compensation amounting to Fifty thousand dollars and probable medical benefits to directed to the work force and / or their survivors out of radiation effects.
(c.) An Act known as FECA – short form of – Federal Employees Compensation Act is involved in the establishment of a program of compensation of Federal employees who their tenure of duty results in disability, death or personal injuries. FECA’s administration is under the OWCP (Office of workers Compensation Program.) It also provides repayment benefits for total or partial disability for its workers. It also has set compensation benefits in case of permanent loss of its work force – medical and rehabilitation.
(d.) The last program under this falls under the BLBA – (The Black Lungs Benefit Act). It is focused to coal miners and allocates each month monetary compensation and medical benefits to them. This people are exposed to The Black Lung disease – otherwise known as Pneumoconiosis. If the worker dies due to the black lung disease, his / her survivors are entitled to monthly benefits.
Pension and Welfare Benefit Security Laws of Employment
Employers in the US who offer their employees pension and benefits are regulated by the ERISA (The Employee Retirement Income Security Act). The ERISA’s Title 1 is under the administration on EBSA (The Employee Benefit Security Administration). Under Title IV, employers are required to pay for insurance companies to tackle benefits at retirement (Labor U.S). Premiums under this category are payable to the PBGC – (The Pension Benefit Guaranty Corporation). The continued provision of these health care wages and the reporting necessities are under the administration of EBSA.
Union and Union Members Laws of Employment
The working relationship of employment between a Union and its members, is governed under the 1959’s act known as LMRDA (The Labor – Management Reporting and disclosure Act). This is aimed in protection of the union’s finances and encouragement of democratic organization. This is possible because the LMRDA prompts organizations to annually file reports of finances, and work relation practices. It also administrates union officials’ election practices. The LMRDA act is controlled under the Office of Labor – Management – OLMS.
Workers Protection Laws of Employment
These laws see the protection of the employees against their employers’ misuse and violation of laws binding them. These laws fall under the administration of VETS – The Veteran Employment and Training Services (Labor).
Employee Polygraph Protection Laws of Employment Act
This law is under the Wage and Hour Division administration. This law bans any employer from the use of the lie detector on any of his or her employees. It however allows polygraph tests on certain limited occasions.
Garnishment of pay laws of Employment.
This law is kept pace by the Consumer Credit Protection Act. The act itself is administered the Wage and Hour Division.
The Family and Medical Leave Laws of employment
These laws will also fall under the Wage and hour Division administration. This Act states that employees (50 or more) in organizations are eligible to up to a 12 week leave with protection of the job vacancy (Davis, 2009). This is applicable if the employee gives birth to a child or in case of adoption or if a child, parent or spouse of the employee is sick. This leave is however unpaid.
Veterans Penchant Laws of Employment
Under the Federal government, Veterans are entitled to various rights of employment (including any other qualified persons). These laws are set recommendations at the initial employment and security in reductions applicable. If these laws are violated, investigative responses should come from the VETS (Veterans Employment and Training Service.
Governmental Contracts, Grants / Financial Help Laws of Employment
These laws point at Payments, working hours, reimbursement, health values and safety in the organization.
Workers under contractors involved in contracts that deal government projects are entitled payment of any of the prevailing pay and benefits as well. This falls under the Davis – Bacon Act.
The McNamara – O’Hara Service Contract Act supervises and sets the rates of payment and the standards of work of people working under the federal government.
The Walsh – Healey Public Contracts Act. This act checks on the payment of salaries and other working standards of contractors that provide supplies to the federal government.
Emigrant and Not Permanent Agricultural Workers Laws of Employment
They focus on the employers who hire immigrant workers on season basis. They point on to the salary protection, house and safety in transportation, employee’s necessities in employment. These laws fall under the administration of Wage and Hour Division.
Another act under this is the FLSA (Fair Labor Standards Act) which does not include the work force under Agriculture in being rewarded overtime premiums. Under this law, children under the age of sixteen are not allowed to work in hazardous environments and during schooling hours. However if a child is working on a family farm they are excluded from this Act of law. This law also falls under the Wage and Hour Division and partly OSHA puts in some of its aspects mostly on health standards.
The INA – Immigration and Nationality Act points out at those employers who wish to alien impermanent work force with the H – 2A visas. This law requires that these employers have to a working authorization in form of a certificate from the Employment and Training administration. This certificate has to ascertain that there are no qualified, ready, enough work forces in the US. This falls under Wage and Hour Division also.
Mine Safety and Health Laws of Employment
These laws envelop the work force working on mine industries. The Act is known as the Federal Mine Safety and Health Act and is under the supervision of the MSHA (The Mine Safety and Health Administration) These laws hold mine employers accountable for safety and health of miners. They also point that employers have to have training requirements.etc
Other laws of employment involve construction and transportation. Various countries may differ on these laws because employees have rights and entitlements.
References
America, T. C. (n.d.). Home. Retrieved November 28, 2011, from The Catholic University of America: http://counsel.cua.edu/fedlaw/employment.cfm
COLLEGE, M. C. (2004, May 17). SUMMARY OF EMPLOYMENT LAWS FOR EMPLOYEES. Retrieved November 28, 2011, from MOTT COMMUNITY COLLEGE: http://www.mcc.edu/hr/hr_emplaws.shtml
David, W. J. (2009). Employment Law for Human Resource Practice. Stamford, Connecticut, U.S.: Cengage Learning.
Labor, U. D. (n.d.). Home. Retrieved November 29, 2011, from United States department of Labor: http://www.dol.gov/opa/aboutdol/lawsprog.htm
Labor, U. S. (n.d.). FirstStep Employment Law Advisor. Retrieved November 28, 2011, from United States Department of Labor: http://www.dol.gov/elaws/firststep/