New York State Labor Law section 162 states that Reliant Software System is not obligated to provide a meal period based on the hours an employee chose to work. Reliant Software System allows their employees to make their own schedule. Based on the company's flex-time policy, the employees are to work between the hours of 8 am and 8 pm. Reliant Software System does adhere to the given law, by following the rule of giving a 20-minute compensated break if an employee works for 6 hours. But, if the employee chose to work a full day and not use the full potential of the flextime provided by the company then they are to take breaks, according to New York State Labor Law Section,162; number 3 and 4, it states," (3) Every person employed for a period or shift starting before eleven o'clock in the morning and continuing later than seven o'clock in the evening are to take an extra meal …show more content…
period of at least twenty minutes between five and seven o'clock in the evening." and "(4) Every person employed for a period or shift of more than six hours starting between the hours of one o'clock in the afternoon and six o'clock in the morning, will be allowed…forty-five minutes for a meal period when employed in or in connection with a mercantile or other establishment or occupation…" Upon returning from her FMLA leave, Ms. Jones has shown that she is overwhelmed and unable to maintain department quota. As such she received a three-month " warning evaluation" for not reaching her quota since she returned 6 months ago. Due to this Ms. Joes might be filing this complaint out of retaliation. Reliant Software System allows employees to make their own schedule, it does not seem that there problem among the employees about meal time breaks. Thus, even with the option to create her own schedule, Ms. Jones was still unable to meet the department quota. Ms. Jones and any other employee can work either long days or shorter days to make up the 40- hour work week. The company states their policy is designed to provide employees with the ability to take breaks " at any time, for any reason and for any duration". Ms. Jones did not use the advantages that were given to her in the flex time policy. Ms. Jones had 6-months to fix her schedule and bring up the department quota that was required after her leaves but failed to take the initiative to do so. Upon learning she will be receiving second three-month written warning, Ms. Jones knew she was near terms for termination and then decided to retaliate a filed a complaint with the New York State Department of Labor, Wages and Hour Bureau. Ms. Jones thinks the company should not deduct time from her hourly wage when she is taking short breaks. Ms. Jones must express milk because she gave birth to twins and that requires her to have some downtime. Although she can make her own schedule, Ms. Jones downtime is always tracked in the system. Ms. Jones believes Reliant Software is not being considerate to her recent birth to twins and as such needs double the extraction time and should be accommodated in reason according to the U.S. Fair Labor Standards Act Section 7 (r) number 1; "a reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child's birth each time such employee has need to express the milk;"… But, Ms. Jones feels as if Reliant Software System is not abiding by the U.S. Fair Labor Standard Act Section by giving a reasonable break time each time she must express milk. Although the company gives a break time it is unreasonable to females if they need to express milk after a pregnancy. There are many reasons to terminate Ms. Jones, starting with not meeting a quota that is required. Although a three-month warning was given, Ms. Jones did not act on her behalf and improve productivity. The supervisor later planned on giving her a written second three-month warning which could have been avoidable if she would have improved her productivity. Ms. Jones is an at-will employee and being an at-will employee means an employer can terminate an employee at any time for any reason, except an illegal one, or for no reason without incurring legal liability. Likewise, an employee is free to leave a job at any time, for any or no reason with no adverse legal consequences. As an HR director, it is my decision to end our employment contract with Ms.
Janet Jones. Ms. Jones is an at-employee and did not show us she was working to bring up her productivity. Ms. Jones is getting terminated as a result for meeting the standard company quota after getting an evaluation and being warned. Ms. Janet Jones did not take the initiative to improve her working habits. Before giving birth and leaving on FMLA Ms. Jones did not have complaints about the policy. Before she made her work schedule around her needs of life and to keep up with company requirements. She did not take the initiative to work it out after returning from her FMLA leave. When hearing that her supervisor is recommending termination, the only conclusion she thought of choosing was to file a complaint in hopes of gaining money. Being in this company gave employees a leverage to make their schedule as pleased within the parameters of the company's working hours of 8 am- 8 pm. This policy was designed to provide employees with the ability to take breaks " at any time, for any reason and for any
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...e terms and conditions the job entailed. I believe that Wal-Mart did accommodate Pam Huber’s disability needs by suggesting to her a different position to work in due to her downfall. If the company caused for her accident then they should accommodate for her disability and keep Pam Huber in her position but due to the fact that the accident happened on her own terms I do not think the company should be reliable for her disability and therefore Pam Huber should either accept and make the most out of her situation or leave the company. Based on all these factors I am defiantly in agreement with Wal-Mart and the district courts decision on ruling summery judgment in favor of Pam Huber.
...g went to the fact that even though the business did not purposely discriminate, it did in fact due to a policy that is discriminatory in nature. In other words, the true reason for the firing was directly related to substance abuse. Although the employee was technically not let go due to the abuse specifically, the fact that this occurred in fact is enough to render the policy unfair. I feel that this law provides great value to my workplace as, it protects those who have made mistakes at the workplace due to a disability. In this case it was substance abuse, but the same concept could be applied to other conditions that alter behavior.
On numerous occasions, I left work transported the children and went back to work to remain into the night. On other occasions, I left work during the day to take Stephanie to doctor’s appointments or meetings with the worker’s compensation attorney we retained to pursue her injury as compensable injury. This too required that I work late or on weekends to carry my responsibilities at work. There is no doubt that I was not able to make up the short fall created by my extra parental responsibilities. In the attempt to keep up I worked tired and sick, late in the day and early in the morning. I worked on holidays that were scheduled to be days
A single aspect of McClelland’s experience illustrates the issue within warehouse operations. The workers are forced to work in a fast-paced, highly stressful environment with minimal to no social relief to break up the day. Long jaunts and short breaks lead to maximum levels of worker discomfort, but they have no choice but to keep going if they wish to keep their jobs. Always being on the move is unhealthy. The operators of the warehouse obviously disregard the health of their workers for the sake of saving a few
Sarah Jones, another human resource specialist, who promised Lupe a position based on Lupe’s work performance and recommendations from supervisors.
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 balancing act of family and work can be very difficult at times. At some point in everyone’s life, he or she will need to take time off of work to deal with family matters. The Family and Medical Leave Act (FMLA) of 1993 was created to help employees find a balance between the challenging demands of work and home. This Act allows eligible workers that require time off for personal reasons or family emergencies up to twelve weeks of unpaid leave.
Kelly was hired as an assistant language teacher (ALT) and had been working for six months. She was to work three days a week in the board of education office and two days helping with the English program. Her contract stated that her hours were Monday to Friday 8:30 AM to 5 PM. These hours were not the hours of the Japanese workers. Their culture had the employees working six days a week and rarely took time off. Kelly’s contract also had vacation and sick leave time given but stipulations as to when a doctor’s note was needed and the notice time given for time off for vacations.
(8) U.S. Dept. of Labor, Family and Medical Leave Act – Wage and Hour Division (WHD) (http://www.dol.gov/whd/fmla/), 2013, Website
Having said that, it is high time for a more effective and inclusive family leave policy to take effect. Even with private sectors and some states offering paid leave, 40 percent of American women do not enjoy the benefits (Wares). The Family and Medical Leave Act, although utilized widely, does not encompass all working American women/ because of its strict prerequisites, many women find themselves paying the motherhood penalty with unpaid leave, or not taking any leave at all, which jeopardizes their health and their child’s early
While the 1993 Family and Medical Leave Act theoretically guarantees all workers up to 12 weeks of unpaid leave to care for a new child or sick family member, it applies only to businesses with more than 50 employees, only covers workers that have been with their employer for at least one year, and doesn’t extend to part-time workers. These exemptions are significant; they ensure that just over half of American workers and less than a fifth of all new mothers are actually covered by FMLA. And they disproportionately affect low-income workers, who are more likely to work for small businesses, change employers frequently, and piece together multiple part-time
The purpose of The Family and Medical Leave Act is for employees to be able to balance the demands of the workplace with the needs of their families. The first draft of FMLA was written by California Congressman Howard Berman and Donna Lenhoff of the Women’s Legal Defense Fund in 1984. In 1985, the first version of the law introduced in the House of Representatives allows for 18 weeks over a two year period for unpaid parental leave for the birth, adoption, or serious illness of a child, and 26 weeks of unpaid medical leave for the employee’s own serious health condition (Lenhoff & Bell, 2016). From 1985 to 1992, the Family and Medical Leave Act was passed throughout Congress until President George H.W. Bush vetoed the bill in 1992. On January
In today’s economy one’s livelihood is extremely important. Employers depend on their employees to show up for work on time, and give 100% effort to the tasks at hand. Typically when the employer is aware that the employee is a single mother, there is a certain amount of tolerance when she calls in to miss a day of work due to an emergency with her child(ren). However, the tolerance for missed days of work for the single father is not present, an...
Throughout a person’s life, there will come a period of time, when an employee will need to take a leave of absence. The Family and Medical Leave Act has helped many people balance their daily living situations with their work life. Many years ago people were unable to keep a career due to everyday life changes. It has taken a very long time to put this Act into place but it has help our countries people in so many ways. The Family and Medical Leave Act is a law providing help for hard working Americans to retain their careers throughout their challenging journey.
In Sunshine Mining Co. v. Carver (1941), the court affirms that during this time the employee is under the control, direction and supervision of the employer, so they should be getting paid for it. The employee voluntarily offers themselves to the employer at a specific time. The employer decides the place of work and the distance to get to this destination may be short or long. Therefore, such travel time between the portal and the place of work should be considered worktime.