Part One
Law Major Provisions Federal Agencies Impact to
management and
Unions
Fair labour and
standard acts
Specify on wage
range for both
public and private
employees.
Prohibits children
below the age of
18 years from
engaging in
specific
employments.
Defines the labour
standards
provisions that
applies to
immigrants who
have been given
the go ahead of
working in USA.
Wage and hour
division
Wage
improvement
Alteration of
working hours
from ten to eight.
Occupational
Safety and health
Employers have
the responsibility
Occupational
safety and health
Improved working
condition for the
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act of ensuring that
their employees
work in a safe
environment.
administration personnel.
Longshore and
harbour workers’
compensation act
Communicates on
the benefits and
medical cover
provided to United
States marine
personnel.
Office of workers
compensation
programs
Introduction of
safety training
programs, and
introduction of
initiatives that are
environmentally
friendly.
The family and
medical leave act
For an employer of
50 and above
personnel, to
provide eligible
employees with 3
months of unpaid
leave in case of
birth, serious
sickness of the
employees,
spouse, parent or
children.
Wage and hour
division
Maternity leave
was allowed
Uniformed
services
Explains that the
individuals who
Veterans’
employment and
Improved
protection of
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employment and
reemployment
rights act
are employed in
the armed forces
can be
reemployed by
their former
employer.
training service citizens’ jobs and
their rights.
Labour-
Management
reporting and
disclosure act
Protection of union
funds and
enhances union
democracy by
requiring labour
stakeholders to file
financial reports
Requiring union
officials to develop
reports related to
some relations
practices.
Defines the
process of election
of union officials
Office of labour
management
standards
Improved
transparency in
financial
management
within unions and
also in election
matters
(United States Department of labour, 2016)
Part Two: Encino Motorcars, LLC v. Navarro, et al
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This case took place on 20/06/2016, and the US Supreme Court gave the
final verdict. The case involved a group of employees from an automobile company
that had failed to pay them their overtime wages after working for the company for
more than 40 days as service advisors. According to them, the employees' argument
was based on the FLSA, requiring the automobile company to pay them their
overtime wages. However, the company explained that the position and the
responsibilities of the specific employees made their case fall under the FLSA
exception, provided in section 216 (b) (10) (A), which explains the exemptions for
specific personnel, and thus the company argued that they were not supposed to
pay any overtime wages to the employees. The case was first presented in a district
court and its verdict aligned with the automobile company's argument. Regardless,
the Supreme Court overturned the decision on the basis that the department of
labour violated the procedural and indiscriminative aspect of the FLSA (Zweig,
2018).
The Supreme Court utilized the fair labour Standards in developing the final
verdict, which provides a particular exemption for employees principally involved in
providing trading and servicing operations to an automobile company (Zweig, 2018).
As a result, as service advisors, the employees were not supposed to be denied their
overtime wages, and thus, this made the US Supreme Court overturn the district
court's decision. The court also applied the Administrative Procedure Act in making
the verdict, which explains the strategies that government agencies use in
developing and delivering regulations (Zweig, 2018). The APA also looks into the
variety of legal valuation principles if an individual has adversely been impacted by
the decision or the pronouncement of a particular organization or agency. According
to the Act, the automobile company did not provide concrete and adequate reasons
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to fail to pay the employees their overtime wages (Zweig, 2018). Therefore, the court
found the company's decision arbitrary and capricious, resulting in the overturning of
the court's decision at the district level.
References
United States Department of labour. (2016). Summary of the major laws of the
department of labour. . Retrieved on Jan 25th, 2021 from
https://www.dol.gov/general/aboutdol/majorlaws.
Zweig, A. G. (2018). Car Dealership Case Drives Expansion of Overtime
Exemptions. Employer Update,
https://www.weil.com/~/media/publications/alerts/2018/may_2018_employer_
update.pdf.