Concordia University HR Employment Law Discussion Select an employment law in the article and briefly describe the law and why you think it is or is not a

Concordia University HR Employment Law Discussion Select an employment law in the article and briefly describe the law and why you think it is or is not a necessary protection for employees. Post a substantive response to the question (minimum 250 words)

Reply in a scholarly and substantive manner to the following two classmates.

(Jennifer)
The employment law in the article i picked is Family Leave (FMLA). FMLA stands for Family and Medical Leave Act it is for eligible employees to be able to take up to 12 weeks of unpaid job-protected time off. In order to be able to get FMLA you must be with the company for at least a year to be able to qualify. The employee is able to take FMLA for the following reasons: birth of a child, adoption of a child, to care for a sick child or themselves, take care of a spouse or parents for serious health condition. The FMLA is only required for companies that have over 50 or more employees. The employer is mandated to give the employee FMLA if they qualify for it regardless of operational needs. I definitely think it is a necessary protection for the employees to have. It is important for an employee to feel secure if something was to happen that they have to take an emergency leave. They should be able to leave without feeling guilty for having an emergency with their family or even their self. The employees should be protected in that aspect family and their health should always be top priority. The employers should always do everything they can to help their employees when they are going through a rough patch. Their job should be secured because many employers only think about operational needs and see it as a nuisance. They should always have a plan b in case of emergencies like that so they wont be in a predicament.

(Aaron)
The employment law that I have chosen for the discussion from the article is number four which is Family Leave. This law states that an organization that consists of at least a total of 50 or more employees and employees with a year of service must offer FMLA (Family and Medical Leave Act). An employee can take up to 12 weeks off work unpaid. Also, in order to receive this time off there are certain conditions that must be met. For example, birth of a child, a parent or child with a serious health issue, or just to take care of themselves. In my opinion, this is a very necessary employment law to protect the employees and their rights to still be employed in case of an emergency. Everyone has situations that are beyond their control especially when it comes to a family member. They should at the least have the reassurance that they still have employment at that organization. I myself had a couple of situations when I was younger working at a business where I had to take a leave for less than 12 weeks that fell under one of the conditions listed in the family leave employment law. When I returned to work, I had been terminated. If I had known about the family leave law, I more than likely wouldn’t have been terminated. These same types of situations are still occurring to this day and only because a lot of employees don’t have the insight of FMLA so they are taken advantage of. This is the reason why I believe that it is necessary protection for the employee. I also think that everyone should know the employment laws.

Resource

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Action: Never take a person’s age or proximity to retirement into account when making decisions on hiring,
firing, pay, benefits or promotions.
5. Disability discrimination. The Americans with Disabilities Act (ADA) prohibits job discrimination
against qualified people with disabilities (i.e., those who can perform the job’s essential functions with or
without a reasonable accommodation). (Resource: www.ecoc.gov/laws/types/disability.cfm)
Action: Never immediately reject applicants because you think their disability would prevent them from
doing the job. When hiring, stick to questions about the applicant’s ability to perform the job’s essential
functions; don’t ask questions that would reveal an applicant’s disability. Work with HR to help create
reasonable accommodations for disabled employees.
6. Military leave. The Uniformed Services Employment and Reemployment Rights Act (USERRA) makes it
illegal to discriminate against employees who volunteer or are called to military duty. When reservists return
from active duty tours of less than five years, you must reemploy them to their old jobs or to equal jobs.
(Resource: www.esgr.org/site/USERRA/FAQ.aspx)
Action: Don’t challenge a returning reservist’s bid to get his old job back; courts typically side with
employees in USERRA disputes.
7. Gender-pay differences. The Equal Pay Act (EPA) says employers can’t pay female employees less than
male employees for equal work on jobs that require equal skill, effort and responsibility. (Resource:
www.ecoc.gov/laws/types/sex.cfm.)
Action: Review department pay scales to identify possible equal-pay complaints. Different pay for the same
job title is fine as long as you can point to varying levels of responsibility, duties, skill requirements or
education requirements.
8. Workplace safety. The Occupational Safety and Health Act (OSHA) requires employers to run a business
free from recognized hazards. (Resource: www.osha.gov)
Action: Provide a safe work environment for your staff, and point out any noticeable hazards or potential
safety problems as soon as possible.
9. Pregnancy discrimination. The Pregnancy Discrimination Act (PDA) prohibits job discrimination on the
basis of “pregnancy, childbirth and related medical conditions.” You can’t deny a job or promotion merely
because an employee is pregnant or had an abortion. She can’t be fired for her condition or forced to go on
leave. (Resource: www.ceoc.gov/laws/types/pregnancy.cfm)
Action: Treat pregnant employees the same as other employees on the basis of their ability or inability to
work. Example: If you provide light duty for an employee who can’t lift boxes because of a bad back, you
must make similar arrangements for a pregnant employee.
10. Immigration. The Immigration Reform and Control Act (IRCA) makes it illegal to hire and employ
illegal aliens. Employers must verify identification and workplace eligibility for all hires by completing 1-9
Forms. (Resource: www.uscis.gov)
Action: Managers should note that it’s still illegal to discriminate against illegal aliens – via harassment or
subminimum pay-even if the illegal immigrant is hired inadvertently.
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April 28, 2009
The 10 Employment Laws Every Manager Should Know
White Paper published by HR Specialist, copyright 2013
Overtime pay. Discrimination. Family leave. Harassment…
Federal employment laws govern all of these issues and many more that you
deal with at some point in your career. It’s important for supervisors and managers
to know the basics of how to comply with those laws. Here’s a list of the top 10
most important federal employment laws:
1. Job discrimination. Title VII of the Civil Rights Act of 1964 prohibits you from discriminating in hiring,
firing or pay based on a person’s race, religion, sex or national origin. It also prohibits sexual harassment.
(Resource: www.ecoc.gov)
Action: Treat all employees and applicants equally, without regard to their race, religion, gender or any other
characteristics not related to job performance. Demand the same from anyone you supervise and don’t
tolerate any kind of harassment.
2. Overtime/minimum wage. The Fair Labor Standards Act (FLSA) is the nation’s main wage law. It sets
the federal minimum wage (many states have higher minimums) and requires time-and-a-half overtime pay
for hourly employees who work more than 40 hours in a workweek. The FLSA also limits the hours and type
of duties that teens can work. (Resource: www.dol.gov/dol/topic/wages)
Action: Always pay employees above the minimum wage and pay overtime when applicable. Contact HR
when making major changes to employees’ duties, which could make the employee eligible or ineligible for
overtime pay
3. Family leave. The Family and Medical Leave Act (FMLA) says eligible employees – those with at least a
year of service – can take up to 12 weeks per year of unpaid, job-protected time off for the birth of a child or
adoption of a child or to care for themselves or a sick child, spouse or parent who has a “serious” health
condition. The FMLA applies to organizations with 50 or more employees. (Resource: www.dol.gov/wha/ſmla)
Action: When employees request leave, listen for requests that would meet the FMLA criteria. Employees
don’t need to use the words “FMLA leave” to gain protection under the law. Contact HR when hearing such
requests.
4. Age discrimination. The Age Discrimination in Employment Act says you can’t discriminate in any way
against applicants or employees older than 40 because of their age. (Resource: www.ecoc.gov/laws/types/age.cfm)
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The 10 Employment Laws Every Manager Should Know
http://www.thehrspecialist.com/print.aspx?id-2783&cat-
Action: Never take a person’s age or proximity to retirement into account when making decisions on hiring,
firing, pay, benefits or promotions.
5. Disability discrimination. The Americans with Disabilities Act (ADA) prohibits job discrimination
against qualified people with disabilities (i.e., those who can perform the job’s essential functions with or
without a reasonable accommodation). (Resource: www.ecoc.gov/laws/types/disability.cm)
Action: Never immediately reject applicants because you think their disability would prevent them from
doing the job. When hiring, stick to questions about the applicant’s ability to perform the job’s essential
functions; don’t ask questions that would reveal an applicant’s disability. Work with HR to help create
reasonable accommodations for disabled employees.
6. Military leave. The Uniformed Services Employment and Reemployment Rights Act (USERRA) makes it
illegal to discriminate against employees who volunteer or are called to military duty. When reservists return
from active duty tours of less than five years, you must reemploy them to their old jobs or to equal jobs.
(Resource: www.esgr.org/site/USERRA/FAQ.aspx)
Action: Don’t challenge a returning reservist’s bid to get his old job back; courts typically side with
employees in USERRA disputes.
7. Gender-pay differences. The Equal Pay Act (EPA) says employers can’t pay female employees less than
male employees for equal work on jobs that require equal skill, effort and responsibility. (Resource:
www.ecoc.gov/laws/types/sex.cfm.)
Action: Review department pay scales to identify possible equal-pay complaints. Different pay for the same
job title is fine as long as you can point to varying levels of responsibility, duties, skill requirements or
education requirements.
8. Workplace safety. The Occupational Safety and Health Act (OSHA) requires employers to run a business
free from recognized hazards.(

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