State And Federal Systems: Employement Law General Regulations

1173 words - 5 pages

State and Federal Systems PAGE \* Arabic 1
Federal and State employment laws follow the same basis for all employees. States can and some do have laws in addition to the federal laws that are in place. There is the Federal Labor Standards Act, which includes minimum age and wage/hour laws, child labor and equal pay laws. Additionally employees are covered by Title VII Civil Rights Act, Age Discrimination Act, Pregnancy Discrimination Act, Family and Medical Leaves Act, and the Americans with Disabilities Act laws that every state must follow.All states must follow the Fair Labor Standards Act (FLSA) to protect employees with minimum wage per hour requirements of $5.15 an hour that was enforced in 1997 and "overtime pay most be at least one and a half times an employee's regular rate of pay for all hours worked over 40 in a workweek" (U.S. Department of Labor, 2006). There are unexpected issues with wage and hour laws, such as employees working more then 40 hours a week when the employer did not ask the employee to work over. This happens unintentionally most of the time when an employee comes in a little early and leaves a little late giving the employee more then 40 hours of work time. Most employers may request the employee to leave early on the last work day of the week or even let the employee know that it is unacceptable to work unscheduled hours anymore. If the employee is not paid the overtime rate serious consequences will happen to the employer like "liquidation damages", "payment of all attorney's fees incurred in successfully prosecution the action", and "relatively minor recovery of wages" (Howard, R pg 54 2003)Furthermore the FLSA's child labor laws are designed to offer educational opportunities of minors and to protect children's health and well-being. The child labor provisions are more complicated under FLSA. The child at the ages 14 and 15 may only work in non-hazardous jobs no more then 18 hours (three hours a day) on school weeks or 40 hours (eight hours a day) a week on non-school weeks ( U.S. Department of Labor, 2006). The state of Arkansas has an exemption to the Child labor laws for children 16 to 17, stating that any "boy or girl who is a graduate of any high school, vocational school, or technical school" or if the "boy or girl is married or a parent" they can work as if 18(Arkansas Laws Relating to Labor pg 23, 2005).Moreover the FLSA requires equal pay for all employees' men and woman alike under the Equal Pay Act (EPA) of 1963. The EPA requires the men and women doing a job that is to large extent equal skills, effort, duties, and performed with similar working environments within the same institution receive the same pay (EEOC). However, there are a few exceptions to the EPA; if there is a "seniority system", "merit system", "a system which measures earnings by quantity or quality of production", and "a differential based on any other factor other then sex" (Anonymous pg 1 2006).Title VII Civil Rights Act of 1964...

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