Employment Law Compliance Plan Essay

Per your request, I was delegated the duty of developing the Employment truth Compliance Plan for Bradley St unriv completelyedfield and his limo social club. Based on the meeting notes, Mr. Stonefield wants to do work a limousine company in Austin, Texas and to have at to the lowest degree 25 employees working for him within the first year. To view the success of Mr. Stonefields blood line, I have developed an employment law residency think that he should follow.This communication serves as confirmation of the employment laws that are germane(predicate) to Mr. Stonefields business. It will also provide how the employment laws should be execute and the consequences of non respectfulness. This memo will give information regarding federal employment laws and regulations circumstantial to Texas. The laws that will be discussed are The Texas Minimum W mount up practice of law, The Age inconsistency in Employment effect of 1967, The Ameri gutter with Disabilities act upon o f 1990, and the in-migration domesticate and Control Act of 1986.The Texas Minimum W duration LawTexas implemented the federal minimum w maturate judge of $7.25 per hour in July 24, 2009. Another grooming of the law allows automatic increases in the minimum w era pith when the rate of the federal rate increases. The law alsomandates employers provide its employees a paycheck statement, which shows the bout of hours an employee has worked (including overtime), the amount of pay they received, and any deductions. The Texas Minimum Wage Law aims to ensure that all employees are treated fairly and equally, regardless of where he or she may fall on the pay scale.Mr. Stonefields limousine company nominate observe with the Texas Minimum Wage Law by ensuring payroll is processed correctly. Additionally, the company should save records of all payroll, for the mandated period, for future references and ensure that the pay rates comply with the minimum wage law. Mr. Stonefield pile pu rchase payroll specific software and individuals skilled in payroll bear upon to ensure compliance. The Texas Department of fag enforces the Texas Minimum Wage Law.Individuals of the department of bray audit businesses to confirm the business is operating according to this law. If a business is found to be noncompliant, they could be fined up to $10,000.00 and criminally prosecuted. If the business is in encroachment for a second time, the business owner may be imprisoned. Penalties of up to $1,100.00 per violation move be executed to employers and businesses who repeatedly weaken the minimum age requirement.The Age Discrimination in Employment Act of 1967The Age Discrimination in Employment Act of 1967 prohibits divergence in benefits, salary, and employment for employees who are age 40 and over. However, if the employer can validate that age is an occupational qualification, this law would not apply. The law is administered and executed by the adjoin Employment chance Com mission (EEOC) and a key objective of the law is to disallow financially troubled companies from singling out older employees when there are cutbacks (Cascio, 2013, p. 109).To comply with the Age Discrimination in Employment Act, Mr. Stonefields limousine company cannot deny employment or terminate an employee over age if the employee is of the age of 40 and over. However, if an individual lacks necessary skill functions or has poor exertion, who happens to be the age of 40 or over, the company is within its puts to terminate the employee. Be effort age is not a determining factor, the company is justifiedin terminating the employee. noncompliance of the Age Discrimination in Employment Act can cause extensive financial damage to a company. A victim of age discrimination can obtain compensation, including attorneys fees, court cost, and financial compensation and punitive damages from the business. There are certain guidelines associated with the amount of compensation a victim can be awarded if age discrimination is proven. Mr. Stonefield is anticipating on employing up to 25 individuals to operate his limousine company.According to the EEOC, employers with 15-100 employees, the limit for compensation and punitive damages is $50,000.00 per claim. Additionally, if an employer resist, oppose, impede, intimidate or interfere with a duly authorized representative of the EEOC while it is engaged in the performance of duties under this law shall be punished by a fine of not more(prenominal) than $500.00 or by imprisonment for not more than one year, or both (Equal Employment Opportunity Commission, 2013, SEC. 629).The Americans with Disabilities Act of 1990The Americans with Disabilities Act (adenosine deaminase) was pass in 1990, which prohibits employers from discriminating against potential employees with disabilities. A qualified individual should be able to perform the inseparable duties of the speculate with or without accommodation. In Mr. Stonefield s case, he would not be held responsible for not hiring a projection screen driver. However, if a blind individual has the qualifications to complete data entry job functions, Mr. Stonefield would need to make reasonable accommodations for the essential job functions. According to Cascio (2013, p. 111), al well-nigh 13 percent of people ages 21 to 64 in the joined States have at least one disability, a percentage that more than doubles to 30.2 percent for people ages 65 to 74.It is also essential for Mr. Stonefields limousine location to be accessible for individual with disabilities (e.g. ramps, can stalls, etc.). Additionally, Mr. Stonefield is not allowed to ask or discuss a potential employees ancient claims or medical history, as it would be in violation of ADA. The EEOC enforces the ADA however, there are other avenues victims can make claims of discrimination (e.g. lawyer Generals mathematical function, U.S. Department of Justice, etc.).Violation of the ADA, inconnection with the Texas Labor Code, can be subject to damages payable to victims. These damages can include back pay, punitive damages, mental anguish, and pain and suffering (State of Texas Office of the Governor, n.d., para. 7). Caps are provided for the amount awarded to victims of such discrimination and is based on the number of employees working for the business. In Mr. Stonefields case, if he is found in violation of the ADA and because he has fewer than 101 employees, his cap would be $50,000.00.The in-migration Reform and Control Act of 1986The Immigration Reform and Control Act of 1985 sets conditions around employers inability to hire illegal aliens. Companies can be sanctioned, and fined and the law relates to every employee. This law essential for Mr. Stonefield to adhere to, as in 2012 there were an estimated 1.7 million illegal immigrants residing in the state of Texas (SOLS, 2013, para. 3). In bon ton for Mr. Stonefield to comply with this law, it is essential he verifies the identity and the work status of all of the potential employees. Typically, most companies require new hires to fill out paperwork, such as an I-9, and obtain copies of identifiable documents (e.g. license, state issued identification, Social Security card, etc.).Companies that do not comply with this law can receive severe and scratchy punishments and fines. According to Cascio, (2013, p. 110), failure to comply with the verification rules, fines range from $100 to $1,100 for distributively employee whose identity and work authorization have not been verified. Fines and penalties can range from $250.00 to $10,000.00 for each undocumented worker. Frequent or repeat offenders can be charged criminally. Texas law enforcement works with the federal agency Immigration and Customs Enforcement (ICE) to enforce the federal Immigration Reform and Control Act. windupThe employment compliance plan a general overview of the anticipated laws Mr. Stonefields limousine company can use to ens ure the success of his business. Additionally, complying with the proposed employee compliance plan can save the company unnecessary expenses. Some of the most complicatedfactors in establishing compliance with these laws are understanding the laws, knowledge of how these laws can affect the business, and the consequences if they are violated. As Mr. Stonefield will be operating a new company, it may be beneficial for him to hire a compliance officer to ensure he meets the necessary guidelines.ReferencesEqual Employment Opportunity Commission, 2013. Retrieved from http//www.eeoc.gov/eeoc/history/35th/1990s/ada.htmlCascio, W. F. (2013). Managing Human Resources Productivity, Quality of Work Life, Profits. McGraw-Hill. sols, Dianne. (23 September 2013). Illegal immigration into Texas increasing slowly, says Pew Research Center. Retrieved from http//www.dallas intelligence service.com/news/state/headlines/20130923-illegal-immigration-into-texas-increasing-slowly-says-pew-research-cente r.eceState of Texas Office of the Governor. (n.d.). Employment Protections. Retrieved from http//gov.texas.gov/disabilities/resources/employment_protections