Business Law

BUSINESS LAW 6

BusinessLaw

BusinessLaw

  1. The Family and Medical Leave Act (1993) has three major provisions: 1) Eligible employees, 2) Coverers employers, 3) regular leave, and 4) Military family leave(Keels, 2006). The provisions are briefly discussed below.

  1. Eligible employees

Thisprovision specifies the circumstances under which an employee may askfor leave under this Act. The threshold is 1250 hours or more. Theemployee must a member of other fifty or more employees that servethe same employer and they must be within a distance of seventy fivemiles from the site of the plant, business premise, or service centerfor that matter. Airline’s crew also subscribe to the same legalframework except that the statute requires that the Airline FlightCrew Technical Corrections Act be the yardstick for suchdeliberations.

CoveredEmployers- The coverage extends to employers of both the private andpublic sector. Private employers under this law must have been inthe specific commercial activity for twenty or more weeks in thecurrent or preceding their calendar year of commencement. Privateemployers must also have a minimum of fifty employees in the saidperiod. .

  1. Military family leave- The military leave is executed in terms of the provisions of The National Defense Authorization Act for Fiscal Year (2009).

  1. Situation A applies to the FMLA because employee A met all the FMLA requirements. First, he returned to work after 11 weeks, which is within the FMLA threshold. Secondly, his spouse was suffering “serious illness “as a result of giving birth prematurely. Perhaps, the only verification the new manager needs to do is to ask for evidence of certification for serious illness through a human resource professional or a leave administrator. Thus, Employee A is entitled to the unpaid salary as long as there is proof of certification.

  2. There is a violation because employee A adhered to all the expectations and requirements in the law. Furthermore, the new manager lacks the legal justification to withhold the salary arrears.

B.

1. TheAge Discrimination in Employment Act (1967) has the followingprovisions:

a. Employersshall not act or issue directives that target to discriminate peopleof 40 years and over (U.S Equal Employment OpportunityCommission, 2014).

b. Advertisementsare not include statements the discriminate on the basis of ageunless it is a “Bona fide occupational qualification (BOQ)”

c. Whileretrenching employees, age must not be a factor under consideration

d. Earlyretirement for older employees must be out of force. However, theycan incentives to encourage it (U.S Equal EmploymentOpportunity Commission, 2014).

2. Situationapplies to the ADEA. Although employee B was found to be aboveaverage in his job performance, he was still denied a promotion dueto his age

3. There was a violation, because age has been cited as the reason fordenying employee B promotion. Considering that employee B was foundto be above average in his performance, young age is not a bona fidequalification for this case.

C.

  1. The Americans with Disabilities Act (ADA) has a detail of provisions that include, but not limited to:

  1. Employment

Thisis the definitive section of the law. Through it people withdisability have certain descriptions that are in tandem withemployment expectations.Not all people with impairment could possiblybe part of the legal protection because the Act does exclude thesubstantive qualifications that apply to all potential employees.

  1. State and local governments

Bothstate and federal jurisdictions have the legal capacity to implementthese provisions.

  1. Public transportation

Beingan important sector of the economy and part of human engagements,transportations also needed a legal guidance on how to deal withAmericans protected by this law. Hence, the provision on publictransportation provides much needed guidance on the issue.

  1. ADA applies to situation C because it involved hiring a person with disability. Using a wheelchair is proof that person C has an impairment and cannot walk. Being denied an employment opportunity as a result of Company X’s inability to modify the elevators falls under the reasonable accommodation threshold of ADA.

  2. There was a violation, $1000 for five elevators is not too high a cost for the company to deny the employee reasonable accommodation.

References

Act,D. (1968).Americanswith Disabilities Act. The Architectural Barriers Act of, 4151-4157.

Keels,L. M. (2006). Family and medical leave act. Geo.J. Gender &amp L.,7, 1043.

U.S.Equal Employment Opportunity Commission (2014). TheAge Discrimination in Employment Act of 1967. Retrievedfrom http://www.eeoc.gov/laws/statutes/adea.cfm