LIT1 Legal Issues for Business Organizations
TASK 2: Labor and Employment Law
September 17, 2014
ATTN: Requestor, SVP of Ops
SUBJ: Compliance Review; Report of Findings
Thank you for bringing the following situations to my attention. I have completed my review of each case, and am providing my feedback accordingly. Please review the results below.
FACTS OF CASE | FMLA GUIDELINES | RELATION OF FACTS TO GUIDELINES |
Company has more than 75 employees | In order for employee to be eligible, company must have a minimum of 50 employees working within a 75 mile radius of the plant. | The company is covered ...view middle of the document...
| The employee is covered for up to 12 weeks of unpaid leave under the Family Medical Leave Act of 1993. The company is not required to cover any salary not owed or granted to the employee at the time leave is approved. |
The manager who approved the leave was no longer employed with the company when the employee returned to work. | FMLA guidelines are irrelevant to this fact. | The manager approved the leave and did not grant any pay for the duration of the employee’s leave. |
The current manager reinstated employee to his position, but denied payment for the entire leave. | An employer must provide an employee with his rights under the FMLA and is required to reinstate an eligible employee to the same or similarly equal job with the same benefits and salary upon return. | The manager followed the guidelines set by the Family Medical Leave Act of 1993. Paid leave was not granted at the time notice of eligibility was given by the previous manager, and the company is not required to cover the unpaid time. |
SUMMARY OF FINDINGS |
The company is covered under the Family Medical Leave Act of 1993. The employee was eligible for unpaid leave, gave notice, and was granted unpaid time off. The employee was reinstated to the same position upon return to work with the same salary.THE COMPANY DID NOT VIOLATE THE FAMILY MEDICAL LEAVE ACT OF 1993. |
FACTS OF CASE: | ADEA GUIDELINES: | RELATION OF FACTS: |
Employee is 68 years old and was denied a promotion due to his age. | It is against the law for employers to base promotion decisions on age. Employees age 40 and older are protected from employement discrimination in the Age Discrimination in Employment Act of 1967. | The company promoted a 32-year old employee over a 68-year old employee, and the older employee falls within the guidelines of protection from the ADEA. |
The 68-year-old employee has been employed with the company for 42 years and received a stellar performance review. The 32-year-old employee received an average performance review. | The ADEA makes it unlawful for a business to give advantage over a younger employee based on age unless age is a solid qualification necessary to perform the duties of the position. Seniority and job performance must be taken into account when considering promotions. | The older employee has been with the company longer than the age of the younger employee, so more experience and seniority is founded. Feedback from superiors proves that the older employee has no disability that prevents him from completing his job satisfactorily, and the job does not require age to qualify for promotion. |
SUMMARY OF FINDINGS |
The law states that workplace...