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Employment and labor laws
Employment and labor laws
Discrimination within the workforce
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What is Employment Law:
Employment law (EL) is the body of law which oversees the relationship between employers and their employees. Employment law is a broad field but key elements of employment law are the employment rights which are instructed upon both the employee and the employer. The Employment Law covers key elements such as Pay, Discrimination, Equality, Employment rights, responsibilities, health and safety etc.
Overview:
Employment law (EL) has been changed significantly and has brought changes since it came into force, It’s still very complex but good effort has been made to make the law pretentious and easier for employers and employees to understand their rights.
• Employment law is set and employers must abide, as its main purpose is to protect the workers, women, vulnerable against undervaluation of wages and discrimination of any kind etc. There can be serious consequences if the employer fails to follow procedures, guidelines set out by Employment Law which may include costly reimbursement claims against the employer or former employee whose rights have been violated in any way and which can in return damage the employer reputation.
• Law on equal pay which was announced by Equal Pay act 1970 which is now confined in to
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Positive outcome has to be cherished after decades of struggle but the Organisations will have to still play a vigorous role in narrowing the pay gap which has been certainly identified by, Becker’s influential economic theory of discrimination, “discrimination on grounds of sex or race arises from employer’s subjective preferences or tastes” (Deakin 2012,
Moran, J. J. (2008). Employment law: New challenges in the business environment. New Jersey: Pearson Prentice Hall.
To resolve the gender wage gap, the government should consult with employers in federally-regulated sectors to apply a gender-based analysis to the design, development, implementation and evaluation of the policy. The law should clearly outline the systematic discrimination that women face in the workforce. This policy would entail employers to determine whether gender-based disparities exists and reevaluate the current pay system from an equity perspective to ensure and promote pay transparency. The law of ensuring pay equity should first be applied to the public sector, including federal public servants, employees of Crown cooperation and federally regulated companies. After this law has been found to be effective, it is also recommended that private corporations follow the same suit and comply with the pay equity
Bennett-Alexander, Dawn D. & Hartman, Laura P. (2001). Employment Law for Business (3rd ed.). New York: McGraw-Hill Primis Custom Publishing. Downloaded February 4, 2008 from the data base of http://www.eeoc.gov
The purpose of this paper is to analyze a specific, hypothetical employment situation encountered and to include the information regarding employment conflicts, questions, grievances, lawsuits, etc., in terms of how the situation was handled or resolved. Employment conflicts are a constant issue everyday in any organization; it is how you handle them both legally and professionally that counts.
I hail from Ukraine, the country that is still not a member of the European Union, nevertheless is definitely a European country. Therefore, I have always been interested in the EU laws, policies, priorities, regulations and so on to contrast Ukrainian reality with that of the EU states. Now I live and study in the country I have always had an innate and subconscious love to – the USA, the country known as the country of big opportunities. As the result, I became increasingly interested in the US laws and regulations, in particular employment and labor laws. To combine these two passions I decided to prepare a paper that compares the US and EU labor and employment laws.
In management, the activities in which managers engage, to attract and to retain employees and to ensure that they perform at a high level of competence and contribute to the accomplishment of organizational goals are part of what make up an organization's Human Resources Management system. In addition, to the complexity of Human Resources Management, increases local, state and national laws and regulations by which managers and organizations must abide. It is called Equal Employment Opportunity (EEO), which ensures that citizens have an equal opportunity to obtain employment regardless of their gender, race, and country of origin, religion or disabilities. One of the major Equal Employment Opportunity Laws affecting HRM is the Equal Pay Act. The Equal Pay Act of 1963 is an amendment to the Fair Labor Standards Act that forbids gender-based pay discrimination of those performing substantially equal work for the...
In dealing with a person’s livelihood, and often, sense of self, it is of no surprise that ethical issues regarding employment practices are of great concern. The issues of employment at will and due process contracts in the workplace are among the most widely contentious in the realm of employment. Employment at will is the doctrine that employment may be ended, by either party, for good, bad or no cause at all.1 Due process, on the other hand, is the employment practice in which a person may appeal a decision as a means of receiving an explanation and the opportunity to argue against it.2 Employment at will is the standard in the majority of private corporations today and is argued for relentlessly by freedom of contract enthusiasts, however, it is becoming ever more apparent that employment at will contracts reflect the old corporate maxim where the single bottom line, profit, is accented and the well being of other stakeholders, in this case the employee, are of little or no influence. Due process should be accepted as the prevalent employment system as it shelters employees from the hostile actions of the more powerful employer, provides a stable, bilateral contract between both parties and portrays the growing ethical concerns of society.
One such additional Order was The Equal Pay Act of 1963. This Executive Order mandated that employees of opposite genders must be paid relatively equally when completing work for jobs that require equal skill, effort and responsibility that are completed under equal working conditions. However, positions that are based on merit, seniority, or quantity/quality of production are not ensured or legally obliged to said Order.
The Equal Pay Act (part of the Fair Labor Standards Act), forbids employers to compensate women differently for jobs that are “substantially equal”, that is, almost identical. Traditionally, women have worked in different occupations than men; these occupations tend to be substantially different, pay less and confer less authority.
Bennett-Alexander, D.; Hartman, L (2012) Employment Law for Business 7th Edition. New York, NY. McGraw-Hill Companies Inc.
Commission for Labor Cooperation (2002) “ United States Labor Law.” Viewed online on 11/18/2004 at http://www.naalc.org/english/publications/labormain.htm
Victoria. (2006). How Much of Remaining Gender Pay Gap is Result of Discrimination and How Much is Due to Individual Choices? International Journal of Urban Labour and Leaisure , 7 (2).
United States of America. National Employment Law Project. National Employment Law Project. N.p., Jan. 2011. Web. 18 May 2014.
Edition e-Resource]. Bennett-Alexander-Hartman: Employment Law for Business, Fourth Edition. Retrieved August 32, 2004, from University of Phoenix, Resource, MGT/434-Employment Law Web site: https://mycampus.phoenix.edu/secure/
The Employment Act consists of many regulations which acts as a basis with regards to payment of salary, conditions of service including rest days and working hours and also leave entitlements including sick leave and childcare leave. It serves to protect the basic rights of the employees and even the employers and it is essential for both parties to follow these regulations to avoid any convictions against them. Each part of the Employment Act has its own set of implications and benefits to either parties.