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Running head: EMPLOYMENT LAW REPORT

Employment Law Report


Anibal Vera Tudela
HRM531
June 26, 2016
Dr. Martha Stanislas

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Employment Law Report

For years organizations have needed regulations regarding the management of their
human resources; workers are human beings and as such should be protected by law for the
purpose of preventing abuse, exploitation, and discrimination. During history it has seen fit to
create laws to regulate, for example, child labor, avoid discrimination either beliefs or gender
aspects, or for example to prevent abuses against minorities. In March 1913 it was created the
Department of Labor in the United States, currently manages more than 180 federal laws
covering 10 million employees and 125 million workers (Department of Labor, 2016). In this
paper the development of three employment laws and the consequences of non-compliance are
discussed, also explains how companies apply these laws and how to establish their compliance.
Employment laws and consequences of non-compliance
In this paper, we will look at three employment laws, its scope and the consequences of
not meeting them. These laws are Fair Labor Standards Act (FLSA), Occupational Safety and
Health (OSH) Act, and Federal Employees' Compensation Act (FECA).
Fair Labor Standards Act (FLSA)
According to the Department of Labor (2016), this law "prescribes standards for wages
and overtime pay, which affect most private and public employment (para. 4). This law protects
the federal minimum wage for employees and workers as well as payment for work performed
outside working hours; according to FDA for non-agriculture workers, there is a restriction on
working hours for children under 16 years and prohibits the employment of children under 18 in
jobs that are too risky. For work in agriculture, it is prohibited employment of children less than
16 years old during school hours and work considered too dangerous. (Department of Labor,
2016)

EMPLOYMENT LAW REPORT

Wage and Hour Division is the area responsible for regulating the minimum wage and
working hours, likewise regulates payment over time and their scope they are both the private
sector and the public sector. Since July 24, 2009, the minimum wage is set at $ 7.25 per hour,
overtime payment is established depending on a minimum of 40 hours per week and is paid by
establishing a rate of one and one-half times of the regular rate. (Department of Labor, 2016,
para. 1)
Failure to comply with employment laws sanctioned drastically, violation of employment
laws are considered criminal offenses and fines applied can be up to $ 100,000 according to the
nature of the fault. According to the Department of Labor, deliberate violations are prosecuted
criminally and fined up to $ 10,000, if it repeats the penalty may be incarceration. Employers
who constantly repeat violations will be punished with fines of up to $ 1100 per violation. If it
comes to child labor violations, employers will be fined up to $ 11,000 fine for each worker and
each violation. (Department of Labor, 2016, para. 6)
Occupational Safety and Health (OSH) Act
The Law on Occupational Safety and Health (OSHA) 1970 is established to ensure health
and safety in working conditions for both men and women. This conditions was done with the
development standards and enforcing these rules under the OSHA law, creating rules imposed by
each state (Department of Labor, 2016). Congress passed the Small Business Regulatory
Enforcement Fairness Act (SBREFA) in 1996 to help small businesses understand and comply
with OSHA laws and avoid any complaints about it. (Department of Labor, 2016, Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), para. 1)
Penalties for violations of OSHA law can be between $ 5,000 and $ 70,000 depending on
the severity of the violation. In 2015, OSHA increases their penalties because of an adjustment

EMPLOYMENT LAW REPORT

made by inflation the last adjustment was made in 1990. New levels of penalties are published
before July 1, 2016, and will be effective before August 1, 2016. (Department of Labor, 2016,
Information about Recent Changes to Osha penalties, para. 1)
Federal Employees' Compensation Act (FECA)
This law establishes a compensation program that covers the worker in cases of disability
or death when doing their job. This law establishes a compensation program that covers the
worker in cases of disability or death when doing their job. This law provides the employee
benefits total or partial disability, loss of a particular member of his body, medical costs, and
rehabilitation. (Department of Labor, 2016, Division of Federal Employees' Compensation
(DFEC), para. 1)
Penalties are set according to the seriousness of the offense; however it will be
prosecuted criminally if the employer or the company has had several reports of non-compliance
or when the claim by the employee is fraudulent, additionally, can be opened civil proceedings
against those who make fraudulent claims. (Department of Labor, 2016, Injury Compensation for
Federal Employees, p. 8-9)
Laws and Complaint Application in Companies
Since an organization decides to hire an employee or a worker, it must take into account
that is exposed from that time to comply with employment laws. Compliance with each law must
be predetermined in the manuals of procedures, general rules, and organizational culture. Strict
compliance with them will ensure a better working environment and a better development of
each. However, organizations must have the necessary resources to deal with any failure of it,
either caused by the same organization or any of their employees or workers.

EMPLOYMENT LAW REPORT

Organizations must have a human resources department, even being small; the manager
must fulfill that role. The point is that there must be a responsible human resource management,
should establish rules and rules defining compliance with the laws to avoid unnecessary
problems.
Conclusions
Employment laws are designed to ensure equal treatment for employees and workers;
also to ensure that their rights are respected, these laws also prevent abuse and exploitation by
employers. Also, their penalties prevent employees and workers make improper use of them. The
United Nations through Universal Declaration of Human Rights states that the inherent dignity
and of the equal and inalienable rights of all members of the human family is the foundation of
freedom, justice and peace in the world (United Nations, 2016, para. 2). This statement
determines the inalienable rights of every human being, and the employment laws guaranteed
this.

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References

Department of Labor. (2016). Wage and Hour Division (WHD). Retrieved from
https://www.dol.gov/whd/flsa/
Department of Labor. (2016). Division of Federal Employees' Compensation (DFEC). Retrieved
from https://www.dol.gov/owcp/dfec/about.htm
Department of Labor. (2016). Information about Recent Changes to OSHA penalties. Retrieved
from https://www.osha.gov/penalties.html
Department of Labor. (2016). Injury Compensation for Federal Employees. Retrieved from
https://www.dol.gov/owcp/dfec/regs/compliance/DFECfolio/CA-810.pdf
Department of Labor. (2016). Occupational Safety & Health Administration. Retrieved from
https://www.osha.gov/law-regs.html
Department of Labor. (2016). Small Business Regulatory Enforcement Fairness Act of 1996
(SBREFA). Retrieved from https://www.osha.gov/dcsp/smallbusiness/sbrefa.html
Department of Labor. (2016). The U.S. Department of Labor Historical Timeline. Retrieved from
https://www.dol.gov/featured/100/timeline/
Department of Labor. (2016). Wages and Hours Worked: Minimum Wage and Overtime Pay.
Retrieved from https://www.dol.gov/compliance/guide/minwage.htm#Penalites
United Nations. (2016). The Universal Declaration of Human Rights. Retrieved from
http://www.un.org/en/universal-declaration-human-rights/