HR Management Essay Sample on Employment Law Compliance Plan

TO: Bradley Stonefield

FROM: Traci Goldeman, Atwood and Allen Consulting

DATE: June 1, 2014

SUBJECT: Employment Law Compliance Plan

Regarding the employment law compliance plan for your limousine transport business, the following is a guideline on the employment laws. The category for your business is a small business. Federal law and Texas Workforce Commission laws will direct the guidelines for employment.

To start with, the hiring process should be non-discriminatory, which means the applicants will not be discriminated based on age, race, color, gender, national origin, race, religion, disability and other immutable characteristics. The statutes prohibiting employment discrimination are the following federal laws: Civil Rights Act of 1964(EEOC), Title VII, Pregnancy Discrimination Act of 1978, Age Discrimination Act of 1967, Americans with Disability Act of 1990, Genetic Information Non-discrimination Act of 2009, Immigration Reform and Control Act of 1986, U.S. Bankruptcy Code–Section 525, Civil Rights Act of 1866. In addition, Texas State has Texas Labor Code, Chapter 21 reinforcing the same discrimination and Texas Workers’  Compensation Act that protects against discrimination based upon workers’ compensation claim history. Local Discrimination Ordinances also exist that add on to the discrimination categories such as; it is illegal to discriminate based on sexual orientation or HIV status. The Texas Child Labor Law requires employers to employ people who are over 13 years of age and breaking this law attracts fine of up to $10,000 . Thus, the business should be an equal opportunity employer and the selection should be based job-related criteria. To ensure equality, the jobs should be advertised widely and qualifications should be job-based.

Before employing, the employer should do a background check on the eligibility and citizenship of the applicant for them to be allowed to work in the United States including the criminal history. The applicant should help the employer with information to aid in verifying his information and Texas Department of Public Safety can help in verifying it. Complete filling the U.S Citizenship and Immigration Services Form 1-9 should be filled be the applicant by the third day to give a go ahead to the check in accordance with Fair Credit Reporting federal Act. The law also requires that newly hired employees are reported to the state directory within 20 days of their hire and in Texas this can be reported online through to the Attorney General’s office.

The law also requires that the employer should have employment verification number (EIN) from the U.S Internal Revenue Service, which is the employer tax ID, necessary for tax reports. Then a record for withholding taxes should be kept for at least four years for federal income tax, federal wage, and income tax and state taxes. The file of tax reports should be done according to the federal tax requirements under Federal Unemployment Tax Act.

Texas Unemployment Compensation Act provides that employers are eligible to provide compensation to employees who stop working due to conditions beyond their control. Texas Workers’ Compensation Act requires that workers who are unable to report to work due to injuries should be paid their wages. The Texas Minimum Wage Law also sets the lowest amount as per the amount set by the federal government. The Texas Payday Law sets paydays at the first and the 15th of the month, unless you specifically set another pay period. Employees who are exempt under the federal Fair Labor Standards Act (FLSA) can be paid once a month, while all other employees must be paid at least twice per month. It carries a fine of up to $1,000 per violation. Texas Law on Employment Discrimination for Participating in Emergency Evacuations also allows workers to stop working in case there is a disaster that requires evacuation of people.

The business should ensure that their workers have workers’ compensation insurance coverage, either commercial or on a self-insured basis through the state workers’ Compensation Insurance Program according to Small Employer Health Insurance Availability Act (Texas COBRA)

 For Texas, the small businesses with 2 to 50 workers are required by the Patient Protection and Affordable Care Act (PPACA) to be covered for certain package of services. Also the employer should display work place notices of the employees’ rights and employer responsibilities, that is, the Fair Labor Standards Act poster according to Fair Labor Standards Act of 1938 (FLSA). Texas Common-Law Protections for Employees protects employees from libel and slander, intrusion to privacy, or refusal to commit a crime. National Labor Relations Act (NLRA) allows employees to form, assist, or belong to labor organizations; 2) bargain collectively through representatives of their choice; 3) engage in other concerted activities; and 4) refrain from any of these activities.

The above are the main laws guiding on employment and are subject to changes. For details on the specific areas covered, you can look up at the references below which provide in-depth rules. Also, it is always important to consult when you do not comprehend the meanings in the statutes. I wish you all the best in your new business

References

Andrade, H. (n.d). Especially for Texas Employers: Texas Workforce Solutions, Texas Workforce Commission. Retrieved from http://www.twc.state.tx.us/news/efte/efte.pdf

Department of the Treasury Internal Revenue Service. (Dec 18, 2013).Employer’s Tax Guide 2014. Retrieved from http://www.irs.gov/pub/irs-pdf/p15.pdf

Fox, M.W. (2013).Texas’10 Most Critical Employment Laws. Retrieved from http://nr.nlh1.com/downloadablePremiums/TX10MostCr.pdf

Texas Department of Insurance. (January, 2014).Small Employer Health Insurance. Retrieved from http://www.tdi.texas.gov/pubs/consumer/cb040.html and http://www.tdi.texas.gov/consumer/documents/FHR_page-EHB_su.pdf

United States Department of Labor. (2004).e-laws-Employment Law Guide: A Companion to the FirstStep Employment Law Advisor. Retrieved from http://www.dol.gov/elaws/elg/minwage.htm#Penalites