4: HUMAN RESOURCES ADMINISTRATION RELATED LAWS

 4: HUMAN RESOURCES ADMINISTRATION RELATED LAWS

Title: Key Laws Governing Human Resource Administration

Human resource administration is a critical function in any organization, requiring adherence to various laws and regulations. This essay will explore some of the major laws affecting human resource administration in the United States.

The Civil Rights Act of 1964 (Title VII) is a landmark piece of legislation that prohibits employers from discriminating against employees on the basis of race, color, religion, sex, or national origin. This law applies to employers with 15 or more employees and includes provisions for equal employment opportunity and the prohibition of harassment.

The Age Discrimination in Employment Act (ADEA) of 1967 protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA applies to employers with 20 or more employees and covers all aspects of employment, including hiring, firing, promotion, and benefits.

The Americans with Disabilities Act (ADA) of 1990 is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including employment. The ADA defines a person with a disability as someone who has a physical or mental impairment that substantially limits one or more major life activities. Employers are required to provide reasonable accommodations to qualified individuals with disabilities, unless it poses an undue hardship.

The Family and Medical Leave Act (FMLA) of 1993 provides eligible employees with up to 12 weeks of unpaid leave during a 12-month period for certain family and medical reasons. These reasons include the birth or adoption of a child, caring for a family member with a serious health condition, or the employee's own serious health condition. Employers with 50 or more employees are covered under this law.

The Fair Labor Standards Act (FLSA) of 1938 establishes minimum wage, overtime pay, recordkeeping, and child labor standards for most private and public sector employees. The FLSA requires employers to pay covered employees at least the federal minimum wage and overtime pay of one and one-half times the regular rate of pay for hours worked over 40 in a workweek.

The Employee Retirement Income Security Act (ERISA) of 1974 is a federal law that sets minimum standards for most voluntarily established retirement and health plans in private industry to provide protection for individuals in these plans. ERISA requires plans to provide participants with plan information including important information about plan features and funding; sets minimum standards for participation, vesting, benefit accrual and funding; provides fiduciary responsibilities for those who manage and control plan assets; requires plans to establish a grievance and appeals process for participants to get benefits from their plans; and gives participants the right to sue for benefits and breaches of fiduciary duty.

In conclusion, human resource administrators must be knowledgeable about a wide range of laws and regulations that impact their work. Compliance with these laws is essential to avoid legal disputes and ensure a fair and inclusive workplace. Regular training and updates on changes to employment laws are crucial to staying compliant and maintaining a positive work environment.