HUMAN RESOURCE LAW

Human Resources Law

Human Resources Law

Introduction

The employment law or labor law as it is known in common of United States of America is the collection of heterogeneous federal and state laws. Federal law at the one end set parameters or standards which serve as the guidelines for governing rights of worker in private sector. On the other end federal law overrides state laws in certain matter, which at some points attempts to provide regulation in this area. However, federal laws application do not extend to state or local government employees, domestic employees or agricultural worker and all of them are regulated in accordance with the laws of state (Blanpain, 2007).

In simple, both state and federal laws are there to serve one purpose, which is to provide protection to employees from discrimination. These two law bodies in many cases overlap each other, for instance federal laws allow states to apply their own statutes for restricting discrimination at workplace on the basis of religion, gender, race, age and national origin until the federal laws does not provide more protection than state laws would (Aumer, 2006). Additionally, many federal laws at many points pre-empts many statutes of states which aim to bar discriminating from employer against employees to refrain them from collecting pension or other similar benefits or retaliating against them for being declarative regarding those rights (FCC Encyclopedia, 2011). In relation to employment rights being provisioned under US Constitution this study aim to study a specific case of Pomodoro, Inc and will explore related American employment laws and regulations.

Background of the Case

The new boss at the office has made it clear she wants the firm to comply with U.S. employment regulations. In addition, she wants to inform the firm's staff that a zero-tolerance policy for harassment of any sort is in effect.

Discussion and Analysis

In accordance with the case, it can be said that all key US employment laws and regulation shall be discussed in order to provide a clear picture regarding, which in a brief paper is not possible as US Labor Laws have been crafted in years, and is very broad. However, for a general overview see Appendix A. The company operates in United States but also have employees from other countries, thus it needs to follow the basic requirements regarding wages and hours worked; safety and health standards; health benefits, retirement standards, and workers' compensation; other workplace standards; work authorization for non-U.S. citizens; federal contracts: working conditions and federal contracts: equal opportunity in employment as specified in Appendix A. However, the case also points the zero-tolerance policy for harassment, which will be discussed in detail in this paper.

What is Harassment?

A type of employment discrimination is known as harassment. In accordance with the law, the violation of Title VII of the Civil Rights Act of 1964, the AEA of 1967, (Age Discrimination in Employment Act), and the ADA of 1990, (Americans with Disabilities Act) (Blanpain, 2007; FCC Encyclopedia, 2011).

The Title VII of the federal Civil Rights Act ...