Employment Law Scenario
Stephan Skotko
Law 575 Business Law for Consultants
September 8, 2014
Karen Hutchins
Employment Law Scenario
Small and large businesses establish worker safety protocols and their individual business edifice from well-known government labor laws. In many instances without these labor laws, owners, managers, and others in a supervisory position would be unaware of his or her accountabilities, obligations, and requirements as employers. From these labor laws, companies are bound to practice fair and balanced business practices pertaining to training, hiring, and recruitment of employees regardless to, sex, disability, race, or national origin. These chosen labor laws, as well as many others, constitute the framework of business integrity, morals, and the appropriate treatment of people under his or her employment (Mayhew, 2014).
Provisions for the Law
As a consultant, this paper will help identify and apply the laws of the Family Medical Leave Act (FMLA) and the Age Discrimination in Employment Act of 1967 (ADEA), as they pertain to the company, Barbara’s Bakery LLC. Barbara’s Bakery functions in high productivity and profit margins. By remaining compliant with (FMLA) and (ADEA), the owners of Barbara’s Bakery (BBC) show concern and keep the best interests of employees’ forefront in business endeavors (University of Phoenix, 2014).
It is imperative that (BBC) remain compliant with all labor laws for the following reasons. The first reason is to avoid fines by government agencies keeping the business running efficiently. Second, staying compliant keeps worker morale high. Third, remaining compliant and educating workers lowers the risk of injury or negligence, which can result in costly litigation and negative business exposure (Sure Payroll, 2014). While the personal assets of the owners of a Limited Liability Company (LLC) are secure, business assets can be at risk for violations of (FMLA and ADEA) laws, resulting in costly and unnecessary litigation. (Sure Payroll, 2014).
(FMLA)
FMLA is a federal act of the Congress from 1993, which pertains to employee-employer relationships granting unpaid leave time. It provides the employee the right for up to 12 weeks of unpaid leave during any 12-month period to care for sick terminal family members, spouses ready to give birth, and females giving birth of a child. This Act protects an employee’s job for the period of 12 weeks. The employer cannot terminate his or her job, guaranteeing a position upon return. In consideration, business's with less than 50 employees are not bound by this law. Neither is the employer required to pay the employee for his or her absence.
(ADEA)
This Act of Congress in 1967 forbids discrimination because of age of any person at least to the age of 40.The Act protects US workers both stateside and overseas, with the exception if foreign labor laws would be in violation. Remaining familiar with (ADEA) will keep management abreast to fairness and protect against discrimination because of age. This discrimination can either be too low or too high in age (U.S. Equal Opportunity Employment Commission, 2014).
Recommendations to Management for Compliance (BBC) being an (LLC) with less than 50 employees is not bound to offer (FMLA) leave to employees. However, it is recommended that (BBC) grant (FMLA) leave for workers under employment for at least two years in a show of good faith for employee morale. Emergencies and tragedies are can happen to anyone at any time. Granting unpaid leave during times of crises as the (FMLA) outlines will help build trust and gratitude in those employees (U.S. Dept. of Labor, 2014).
(BBC) should remain compliant and not discriminate as the (ADEA) states. Careful consideration with regards to employees over the age of 40 is advised. A thorough background check and physical should be administered to all potential employees over the age of 40. Granting employment of younger