Paper Topic:

employment law

Running Head : EMPLOYMENT LAW

Employment Law

[Author]

[University]

Employment Law

Since the enactment of the Fair Labor Standards Act (FLSA ) in 1938 , it has undergone several changes the latest of which was made in 2007 . The initial hourly minimum wage was 25 cents with 44 hours as the maximum workweek . Today , the minimum hourly rate is 5 .85 starting last July 24 , 2007 which will eventually become 7 .25 per hour on July 24 , 2009 and the workweek is now 40 hours

Considering the lapse of almost seventy (70

) years since its inception one could say that a yearly increase of 8 cents per hours is not much considering inflation and rising cost of living . The government however , cannot just a massive increase in the minimum wage because the viability of the various industries and establishments has to be factored in . The government has to maintain a balance between labor and the employers

Nevertheless , the importance of the development of the minimum rate does not stop at the amount of dollars received by an individual at the end of the day . The more important aspect of Labor Standards is the fact that the workers are given benefits that humanize their conditions of work and limits the so-called management prerogatives in that abuse by unscrupulous capitalists are minimized or eradicated

Clearly , the establishment of work standards is an important and relevant aspect of labor law as social legislation not only during the Depression , but also today . The safeguards established have evolved since its inception . A perusal of the history of FSLA would reveal that the government has not been blind to the changing times . Adjustments in the coverage and rates to cope with the evolving needs and situations showing the fact that the FSLA is a dynamic legislation that has not remained stagnant with the passage of time

The major problem experienced by companies is non-compliance with the standards established by FSLA . It is thereby advised that in to avoid crippling class action suits , an audit must be done whether the provisions of FSLA have been complied . Another strategy is also suggested wherein the reclassification of employees vis-a-vis its cost benefit be studied

On the other hand , the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA ) applies to employers with 20 or more employees . Workers and members of their immediate family who have been covered by a health care plan may opt to continue their coverage if some events , as provided by the law , occur . The beauty of this legislation is that a worker who may not be able to afford an individual health insurance can continue to enjoy the benefits of a group insurance initially procured at the instance of the company even after voluntary or involuntary loss of a job , reduced working hours , job transitions and other cases such as divorce or legal separation , death of the insured and a dependent having reached the age of maturity as provided in the plan . It is a fact...

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