An Employment Law Compliance Plan for Landslide Limousines

An Employment Law Compliance Plan for Landslide Limousines Mr. Bradley Stonefield must observe all employment laws in Austin, TX for the new limousine service. Throughout processes that would involve the 25 employees, Mr. Stonefield must ensure compliance with the law for the success of the business. Failure to comply with these laws could result into long legal tussles with employees and their representatives and cause financial ruin to the company.Advertising We will write a custom coursework sample on An Employment Law Compliance Plan for Landslide Limousines specifically for you for only $16.05 $11/page Learn More This memo focuses on relevant employment laws as well as how they are legally used. In addition, the memo explores consequences of failure to comply with the employment laws. These laws are different, but an employer must observe all of them, including others not covered in this memo. The memo focuses on four employment laws that Landslide Limousines must observe. These employment laws include Texas Pa yday; Texas Minimum Wage Act; the Texas Child Labor Law; and Employment Discrimination. The Employment Laws for Austin, TX and Consequences of Noncompliance Texas Payday Texas Labor Code has a provision for the Texas Payday Law. The law accounts for all private business organizations, irrespective of their sizes. Any person that engages in service provision for payment is regarded as an employee, apart from relatives and independent contractors. There are specific payments that fall under the Texas Payday Law. The company will account for all compensations irrespective of how they are calculated; commissions and bonuses based on the agreement; and specific fringe benefits due based on a written agreement or the company’s policy. Noncompliance with the Texas Payday Law has severe consequences to an employer. The Texas Workforce Commission (TWC) investigates and determines if an employer did not obey the law and acted in a bad faith. The TWC reviews administrative penalty again st the employer equivalent to the wages claimed or $1,000, whichever is less. At the same time, any employee who files a complaint in a bad faith may also bear similar penalties. Overall, it is against the law for an employer to fail to pay wages after receiving notification from TWC and to hire or continue to employ a person with the intent of not paying due wages.Advertising Looking for coursework on labor law? Let's see if we can help you! Get your first paper with 15% OFF Learn More Texas Minimum Wage Act The TWC offers information to both the employer and employee on the Texas Minimum Wage Act, and their respective duties, rights and remedies under the Act. The Act requires an employer to have a minimum wage for non-exempt employees, provide written statements of employees’ earnings, recognize the TWC as an agency responsible for providing information on Texas minimum wage provisions, offering civil remedies and exempting certain employers from th e Act. Currently, Texas has adopted the Federal Minimum Wage of the year â€Å"2009, which was $7.25 per hour†. The Act does not bar employees from bargaining for higher wages. Employers could include tips, meals and lodging costs to the minimum wage, but only under specific restrictions. An employer may not compensate workers who reside on the business premise for on-call time together with the normal working hours. In some instances, an employer may continue to pay sub-minimum wages to employees who have certain medical conditions, particularly mental illness. Any employer who pays lower than the legal minimum wage may face legal action from employees. An employee can file a complaint within two years from the due date to claim the unpaid wages and any amount incurred as damages. In addition, the employer must bear legal costs. The Texas Child Labor Law The law considers employees under the age of 18 years. The Texas Child Labor Law protects children from harmful employment . In addition, it does not allow any child under the age of 14 years to be employed, except under certain situations.Advertising We will write a custom coursework sample on An Employment Law Compliance Plan for Landslide Limousines specifically for you for only $16.05 $11/page Learn More The TWC also controls all issues related to child employment with the aim of protecting the rights to education, health, safety and well-being. The TWC has a right to inspect the working condition for children, and employers who hinder investigation could face criminal charges. Businesses must observe the state law, â€Å"except entities subjected to the Federal law of the Fair Labor Standards Act (FLSA)†. Driving Under the Texas State Law, children may be employed to operate a motor vehicle for a commercial purpose under specific conditions. The child may work under direct supervision of their parents or legal guardian in their business. The child must have a valid driver’s license. Children may work in businesses where they do not require a commercial license to conduct the job. Finally, a child cannot operate a vehicle with more 15,000 pounds of total weight and has over two axles. In addition, Texas State Law requires children between the age of 14 and 15 years old not to work for more than 8 hours in a day, 48 hours in a week and cannot report to work before 5 a.m. Still, children cannot work after 10 p.m during school days and past midnight on other days. Any violation of the â€Å"Texas Child Labor Law is a Class B misdemeanor†. Nevertheless, if a person employs a child who does not meet the minimum age requirement for â€Å"a type of employment, but did so in good faith relying on an apparently valid certificate of age, then that may be a defense against prosecution†. Therefore, noncompliance with the Texas Child Labor Law is a criminal offense with criminal penalties. In addition, the TWC may evaluate all administr ative penalties against the employer of up to $10,000 per violation. Employment Discrimination A former, current, or prospective employee can complain against an employer in the State of Texas under the Texas Labor Code. The TWC reviews many cases related to employee discrimination on the following areas:Advertising Looking for coursework on labor law? Let's see if we can help you! Get your first paper with 15% OFF Learn More Not hired due to a disability Gender Nationality of origin Race or ethnic Harassment based on age differences Denial of benefits due to pregnancy Retaliation against employees because of filing a complaint For example, the Age Discrimination in Employment Act of 1967 prohibits discrimination based on employee age, particularly employees who are over 40 years of age. Employers must not discriminate because of age when hiring, promoting, discharging, compensating, or on other terms of the employment policy (Ray, Sharpe, Strassfeld, 2011). Employers who fail to comply with this Act may be fined up to $500 or be imprisoned for a period not exceeding a year or face charges on both counts. The TWC shall review all discrimination complaint and works with its Civil Rights Division (a neutral investigator) to ascertain if any discrimination took place under the Texas Labor Code. The Federal Equal Employment Opportunity Commission (EEOC) is responsible for solving any employment discrimina tion in the State of Texas. It is against the Texas Labor Code for any employer to retaliate against employee because of filing a discrimination complaint, supporting a complaint, opposing discrimination or engaging in a proceeding. Therefore, an employer cannot dismiss, demote or harass any employees on such grounds. Texas Labor Code on employee discrimination affects employers with more than 15 employees. Recommendations on how Landslide Limousines can be compliant The Texas Workforce Commission is responsible for ensuring that all employers in Austin, TX adhere to the Texas Labor Code. These laws were enacted to protect both the employer and employees from any forms of abuse and exploitation. Failure to comply with the Texas Labor Code has legal penalties and financial implications for the company. Mr. Bradley Stonefield, therefore, should consider the following recommendations when handling employee issues for Landslide Limousines. Both the employer and employees should underst and the Texas Labor Code to allow them to observe their rights and obligations Landslide Limousines should not employ any child because of difficulties in meeting requirements associated with child labor in Texas The company must not discriminate any potential employees based on their age, nationality, race, gender and disabilities among others In case of any employment discrimination against Landslide Limousines, the company should not retaliate against employees, potential employees or former employees The employer and the employee must understand the role of Texas Workforce Commission, Civil Rights Division, and the Federal Equal Employment Opportunity Commission (EEOC) Employees and the employer must not act in bad faith against each other References Gould IV, W. (2013). A Primer on American Labor Law (5th ed.). Cambridge: Cambridge University Press. Ray, D., Sharpe, C., Strassfeld, R. (2011). Understanding Labor Law (3r ed.). New York: LexisNexis. Texas Workforce Commission. (2014). Employment Law: Discrimination, Wages Child Labor. Web.

Battle of Kennesaw Mountain in the Civil War

Battle of Kennesaw Mountain in the Civil War Battle of Kennesaw Mountain - Conflict Date: The Battle of Kennesaw Mountain was fought June 27, 1864, during the American Civil War (1861-1865). Armies Commanders: Union Major General William T. Sherman16,225 men Confederate General Joseph E. Johnston17,773 men Battle of Kennesaw Mountain - Background: In the late spring of 1864, Union forces under Major General William T. Sherman concentrated at Chattanooga, TN in preparation for a campaign against General Joseph Johnstons Army of Tennessee and Atlanta. Ordered by Lieutenant General Ulysses S. Grant to eliminate Johnstons command, Sherman had under his direction Major General George H. Thomass Army of the Cumberland, Major General James B. McPhersons Army of the Tennessee, and Major General John Schofields small Army of the Ohio. This combined force numbered around 110,000 men.   To defend against Sherman, Johnston was able to gather around 55,000 men at Dalton, GA which were separated into two corps led by Lieutenant Generals William Hardee and John B. Hood. This force included 8,500 cavalry led by Major General Joseph Wheeler.   The army would be reinforced early in the campaign by Lieutenant General Leonidas Polks corps.   Johnston had been appointed to lead the army after its defeat at the Battle of Chattanooga in Novemb er 1863.    Though he was a veteran commander, President Jefferson Davis had been reluctant to select him as he had shown a tendency to defend and retreat in the past rather than take a more aggressive approach. Battle of Kennesaw Mountain - Roads South: Commencing his campaign in early May, Sherman employed a strategy of maneuver to force Johnston from a series of defensive positions.   An opportunity was lost in the middle of the month when McPherson missed a chance to trap Johnstons army near Resaca.   Racing to the area, both sides fought the inconclusive Battle of Resaca on May 14-15.   In the wake of the battle, Sherman moved around Johnstons flank forcing the Confederate commander to withdraw south.   Johnstons positions at Adairsville and Allatoona Pass were dealt with in a similar fashion.   Slipping west, Sherman fought engagements at New Hope Church (May 25), Picketts Mill (May 27), and Dallas (May 28).   Slowed by heavy rains, he approached Johnstons new defensive line along Lost, Pine, and Brush Mountains on June 14.   That day, Polk was killed by Union artillery and command of his corps passed to Major General William W. Loring. Battle of Kennesaw Mountain - The Kennesaw Line: Retreating from this position, Johnston established a new defensive line in an arc to the north and west of Marietta.   The northern part of the line was anchored on Kennesaw Mountain and Little Kennesaw Mountain and then extended south to Olleys Creek.   A strong position, it dominated the Western Atlantic Railroad which served as Shermans primary supply line north.   To defend this position, Johnston placed Lorings men in the north, Hardees corps in the center, and Hood to the south.   Reaching the vicinity of Kennesaw Mountain, Sherman recognized the strength of Johnstons fortifications but found his options limited due to the impassable nature of the roads in the area and the need to control the railroad as he advanced.   Concentrating his men, Sherman deployed McPherson in the north with Thomas and Schofield extending the line south.   On June 24, he outlined a plan for penetrating the Confederate position.   This called for McPherson to demonstrate against most of Lorings lines while also mounting an attack against the southwest corner of Little Kennesaw Mountain.   The main Union thrust would come from Thomas in the center while Schofield received orders to demonstrate against the Confederate left and possibly attack up Powder Springs Road if the situation warranted.   The operation was scheduled for 8:00 AM on June 27 (Map). Battle of Kennesaw Mountain - A Bloody Failure: At the appointed time, around 200 Union guns opened fire on the Confederate lines.   Approximately thirty minutes later, Shermans operation moved forward.   While McPherson executed the planned demonstrations, he ordered Brigadier General Morgan L. Smiths division to commence the assault on Little Kennesaw Mountain.   Advancing against an area known as Pigeon Hill, Smiths men encountered rough terrain and dense thickets.   One of Smiths brigades, led by Brigadier General Joseph A.J. Lightburn, was forced to wade through a swamp.   While Lightburns men were able capture a line of enemy rifle pits, enfilading fire from Pigeon Hill halted their advance.   Smiths other brigades had similar luck and were unable to close with the enemy.   Halting and exchanging fire, they were later withdrawn by Smiths superior, XV Corps commander Major General John Logan. To the south, Thomas pushed forward the divisions of Brigadier Generals John Newton and Jefferson C. Davis against Hardees troops.   Attacking in columns, they encountered the entrenched divisions of Major Generals Benjamin F. Cheatham and Patrick R. Cleburne.   Advancing on the left over difficult terrain, Newtons men made multiple charges against the enemy on Cheatham Hill but were repulsed.   To the south, Newtons men succeeded in reaching the Confederate works and were repelled after extended hand-to-hand fighting.   Retreating a short distance, the Union soldiers entrenched in an area later dubbed the Dead Angle. To the south, Schofield conducted the planned demonstration but then found a path that allowed him to advance two brigades across Olleys Creek.   Followed by Major General George Stonemans cavalry division, this maneuver opened a road around the Confederate left flank and placed Union troops closer to the Chattahoochee River than the enemy. Battle of Kennesaw Mountain - Aftermath: In the fighting at the Battle of Kennesaw Mountain, Sherman suffered around 3,000 casualties while Johnstons losses were approximately 1,000.   Though a tactical defeat, Schofields success allowed Sherman to continue his advance.   On July 2, after several clear days had dried the roads, Sherman sent McPherson around Johnstons left flank and forced the Confederate leader to abandon the Kennesaw Mountain line.   The next two weeks saw Union troops force Johnston through maneuver to continue retreating back towards Atlanta.   Frustrated with Johnstons lack of aggression, President Davis replaced him with the more aggressive Hood on July 17.   Though initiating a series of battles at Peachtree Creek, Atlanta, Ezra Church, and Jonesboro, Hood failed to prevent Atlantas fall which finally came on September 2.    Selected Sources: Kennesaw Mountain National Battlefield ParkCivil War Trust: Battle of Kennesaw MountainGeorgia Encyclopedia: Battle of Kennesaw Mountain