Guide to Workplace Law by Barbara Fick - Essay Example

Book Review of the Book: Guide to Workplace Law Barbara Fick Publisher: American Bar Association Year of Publication: 2006 A. What are two significant legal ISSUES that were dealt with in this book? 1. Salary and working hours 2. Non-discrimination B. What is one thing you did NOT understand about the legal process, as depicted in this book? There is one thing that I failed to understand and left me confused. I fail to understand how employers can fire their employees with giving reasons or substantiating their actions. It is in bad faith to terminate employment without appropriate justification. In this book, employees are fired having not done anything wrong or violating employer’s rules. The only way to explain unsubstantiated termination of employment is possibly due to discrimination. Discriminating against some workers is illegal and such rogue employers should be held accountable for their actions by the law. C.   With one of the legal issues you identified above, check with a legal web-site, as a reference that gives you greater understanding of this issue, so that you can describe the general rule of law about this issue, and any significant exceptions. The legal website URL: http://www.workplacefairness.org/generaldisc General rule regarding discrimination As an employee, you have the right to raise a claim of discrimination by the employer only if you belong to a protected class. A protected class implies that you are fully qualified for the job. In such a case, the employer takes negative actions against you particularly by filling your position with an unqualified employee who does not fit in the protected class. If you want to raise the claim, you must either have circumstantial or direct evidence. D. Please summarize in the equivalent of a couple of pages what this book was all about, and whether or not you would recommend it as a book to be assigned reading for a future Intro to Law class. The book serves as a special dedication to employees and employers. It provides guidance and information regarding legal employment issues. The workplace laws enacted by the state legislatures, congress, and local government meant to bring just for both parties. The book also highlights a case law that pertains to decisions made on precedent cases. Other critical issues addressed in the books are such as employment contract, company’s personnel, collective-bargaining agreement, and civil service rules. The book also focuses on federal laws and, in particular, the different kinds of employment laws. In the first category, the book addresses the anti-discrimination legislation. According to the Civil Rights Act of 1964 title VII, employment discrimination based on religion, color, pregnancy, race, sex and national origin is prohibited. The Rehabilitation Act of the Americans with Disabilities Act (ADA) prohibits employment discrimination against people living with disabilities. The Age Discrimination Employment Act (ADEA) forbids employment discrimination based on age. Discrimination against persons aged 40 and above is an offense. Another category addressed by the book relates to salaries and hours of work. The Fair Labor Standards Act (FLSA) mandates employers to pay their employees a minimum pay rate per hour. In addition, employers should pay 1.5 times more than the regular pay rate for every hour exceeding the usual 40 hours per week. It also bans the employment of children and, in particular, all persons below the age of 18. The Equal Pay Act (EPA) compels employers to pay equal salaries to both male and female employees in a given class or category. If the jobs require same skills, responsibilities, effort, and working under similar conditions, the pay should be equal regardless of the employees’ sex. The Union Management Relations as described in the National Labor Relations Act expects employers to enter into collective bargaining with unions that have been designated as representatives of employees. It, however, outlaws employment discrimination based on participation in union and other protected activities. Uniformed Services Employment and Reemployment Rights Act restrict employment discrimination against employees for their involvement in the National Guard, Armed Forces Reserve and any other uniformed service. Employers should also provide leaves to some of their employees while still under pay. The Workplace Safety Law under the provisions of the Occupational Safety and Health Act (OSH Act) obliges employers to provide a workplace that is free from hazards that can cause injury or death. The workplace conditions must comply with the health and safety standards as outline by the statute. Under the Pensions law, the Employment Retirement Income Security outlines conditions for eligibility and employees rights in employer pension plans. The law pertaining to Immigrant Workers under the Immigration Reform and Control Act prohibits employers from having alien employees. The employers must verify the eligibility status of the applicants to work in the United States before hiring aliens. It, however, bars employment discrimination against aliens who have been lawfully admitted in the United States. The Employee Polygraph Protection Act (EPPA) requires employers to refrain from using lie detector tests on their employees or job applicants. The Family and Medical Leave Act (FMLA) permit employers to give eligible employees a maximum of 12 weeks of unsalaried leave during twelve-month duration for childbirth or adoption. This is because the employee has to care for a spouse, parent, or child with a health complication. Another important requirement is under the Worker Adjustment and Retraining Notification Act (WARN). It requires employers to provide a notice to employees, their union representatives, state and local governments 60 days before the closure of a company or mass layoffs of employees. An addition to this category is the Jury System Improvements Act that interdicts employers from taking disciplinary measures against employees for their involvement with federal jury. States also have individual workplace regulations that are equally important. Such laws can determine the minimum wage for employees. The book is of immense value to all people who work as employees because it provides guidance on the appropriate measures to take when employers violate regulations. Although the book has a wealth of information, I do not recommend if for use in Business Law Classes because a majority of the students are unemployed. The book can be irrelevant at this stage in life. I, however, treasure this book because of its informative content. I appreciate the laws in the United Sates because they are more inclusive and promote equality than those of my homeland. Read More