1. HRMT 330 – 1602B – 01 HRM Legal Environment Instructor: Mr
HRMT 330 – 1602B – 01 HRM Legal Environment Instructor: Mr. James Lane Name: Cassandra Dunn Date: 05/20/2016

2. Americans with Disabilities Act In the organization there are reasonable accommodation for individual with a disability required if it impose an “ undue hardship” on the operation of the employer’s business. These factors include the nature and cost of the accommodation in relation to the size, resources, nature, and structure of the employer’s operation. Undue hardship is determined is determined on a case – by – case basis.
Where the facility making the accommodations is part of a lager entity, the structure and overall resources of the organization would be considered, as well as the financial and administrative relationship of the facility to the larger organization.

3. The organization establish qualification standards that will exclude individuals who pose a direct threat such as a significant risk of substantial harm to the health or safety of the individual or of others, if that risk cannot be eliminated or reduced below the level of a redirect threat by accommodations. By requiring employers to make individualized judgments based on reliable medical or other objective evidence rather than on generalizations, ignorance, fear, patronizing attitudes, or stereotypes, the ADA recognizes the need to balance the interests of people with disabilities against the legitimate interests of employers in maintaining a safe workplace.

4. Age discrimination act
The Age Discrimination Act is to every individual, partnership, association, labor organization, corporation business trust, legal repetitive, or organized group of persons who is engaged in an industry affecting commerce and has 20 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.

5. The Age Discrimination in Employment Act protects employees who are at 40 years old. There’s no cap. So all workers 40 and older are protected by the ADEA, with a few exclusions and exceptions. For instance, an elected official and staff and policy making appointees are excluded from the ADEA.
An employer can’t deny an employee pay or fringe benefits when the only justification is age. For example an employer may not relegate all older workers to a particular level of employment within a company and then decline to promote them.
Be engaged in an industry affecting commerce, Have 20 or more employees and have an employment relationship with the claimed employee.

6. Equal Pay Act
If an employer has violated the EPA, then the employee can either file a charge with the EEOC or an employee can file a lawsuit in court. Under the EPA, employee are generally required to file your lawsuit within two years of when employee received the discriminatory pay.
Other factors related to job performance or business operations, such as paying a shift differential to workers on less popular shift.

7. Skill - The ability , education, and training required to perform the job.
Effort – The amount of physical or mental exertion needed to perform the job.
Responsibility – The degree of accountability required in performing the job.
Working Conditions – This encompasses two factors: ( 1) physical surroundings like temperature, fumes, and ventilation: and the ( 2 ) hazards.
Establishment – The prohibition against compensation discrimination under the EPA applies only to jobs within an establishment.
Pay differentials are permitted when they are based on seniority, merit, quantity or quality of production, or a factor other than sex.

8. Fair Labor Standards Act
Nonexempt workers must be paid overtime pay at a rate of not less than one and one - half times their regular rates of pay after 40 hours of work in a workweek.
For receiving equal pay for work that requires equal skill, effort, and responsibility.
setting out strict standards for deterring, paying, and accruing compensatory or comp time – time given off work instead of cash payments and establishing specific requirements for how and when employers must pay for overtime work.

9. To qualify as an exempt executive, an employee must:
Manage other workers as the primary job duty.
Direct the work of two or more full – time employees.
Have the authority to hire, fire, discipline, promote and demote others or make recommendations about these decisions.
In order for an exemption to apply employee’s specific job duties and salary must meet all the requirements of the Department of Labor’s regulations.

10. Reference:
Equal Pay Foe Work Of Equal Value by Michael Rubenstein November 25, 2006 Age Discrimination An Historical and Contemporary Analysis by John Macnicol /2008