FEDERAL LABOR AND EMPLOYMENT LAWS Harvard Case Solution & Analysis

Federal Labor and Employment Laws Case Study Solution

To: CEO

From:

Date: 22 November 2017

Subject: Evaluation of local restaurant problems according to federal labour and employment laws

I have been appointed as a consultant of the restaurant business which is currently facing employment issues with respect to the applicability of the employment and federal labour laws. The problems existing in the organization consist of several issues which are:1) firing of the pregnant employee, 2) overtime pay for working more than 48 hours to salaried persons, 3) issues regarding the screening of criminal records for males only and 4) Working in break times and serving the customers during eating meal.

Background:

The analysis is primarily based on a local food restaurant chain which has a very flat organization structure and it consists of ahead cook, manager, cashiers, assistant manager and helpers of cook and employees. The central authority is a woman who is at the position of CEO who has hired me to evaluate the above-mentioned issues and its applicability according to the labour and federal laws which are mentioned below for each issue separately.

The firing of the pregnant employee:

The issue of firing a pregnant employee on the ground of mere suspicion that her weak performance is due to the pregnancy is in contradiction with the Pregnancy Discrimination Act of 1978 because according to this act, an employer cannot fire a woman for the poor performance on the basis of pregnancy rather she should discuss with her and ask for the reasons behind the poor performance and try to sort out the issue for better performance(Equal Employment Opportunity Commission, n.d.).

Overtime pay for working more than 48 hours to salaried persons:

The issue of working for more than the standard hours without any overtime pay is a very serious concern for the organization because the managers are working for more than 48 hours which will demotivate them from their jobs and they would fire the employees without showing them equal treatment. The standard working hours are around 40 as per Fair Labor Standards Act and more than 40 hours should be compensated with an overtime for the motivation of managers(FLSA, n.d.).

 

FEDERAL LABOR AND EMPLOYMENT LAWS Harvard Case Solution & Analysis

 

Issues regarding the screening of criminal records for males only:

The issue of discrimination while screening the criminal record of males only result in the biases shown by its employer. The act of International Labor Organization Convention shows that discrimination should be avoided in the workplace and all the employees should be treated fairly and there should be no biases in hiring of the employees and screening of the criminal record should be carried for all the employees to meet the requirements of law(Lander & Rogers, 2017).

Working in break times and serving the customers during eating meal:

Finally, the issue of serving the customers during the break times is considered against the Fair Labor Standards Act because, it shows that if the company is providing the meal so it is not liable to pay them in break time and if the employees are paid for break time, they will be required to eat while serving the customers(Ministry of Business innovation& Employment, n.d.)..................

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