Chart 1.1
| Law | Coverage | Major provisions | Federal Agency |
| 1.Fair labor standards act |
It covers workers who engage in interstate, business; create goods for interstate business or sells goods that have been produced by interstate commerce. This law restricts management on the minimum amount of wage to pay its employees. It also restricts the management from using child labor and the overtime payment method. |
Minimum wage Act, child labor act, record keeping and overtime act. | Department of labor. |
| 2.Occupational safety and health act |
Ensure employers provide employees with a safe working environment free from hazards and dangers ( Acharya, V et al., 2013). This law affects the management by ensuring that all employees have a conducive working environment free from hazards. It gives labor unions a support in fighting for employees’ good working environment. |
Duties of the employers in protecting health of employees. Setting safety policies to protect employees from injuries. Employer should set risk assessment policy. | Occupational safety and health administration is an agency set by the state to oversee the occupational safety and health act. |
| 3.Federation employees Compensation Act |
It covers federal employees such as survivors, disability and medical benefits who are injured. This law makes it mandatory for the management to compensate the employees involved in the accidents in the course of duty. This increases the costs incurred by employer. To the labor unions, it helps in fighting for the employees’ rights. |
It offers compensation to those with disability (disability insurance provision), medical expenses (health insurance provision) and workers life insurance provision. | Federal security Agency is in charge of the federation employees’ compensation act. |
| 4.Employees Retirement income security Act |
It covers employees in the pension and health plans in private industries. The law ensures that the management contributes towards the employees’ retirement benefits. This is an additional cost to the management. |
It sets the mandatory regulations for pension programs in private industry. | Employee benefits security administration. |
| 5.Black lungs benefits Act | It covers the health of coal miners through compensation for medical assistance. The management will incur extra costs in compensating the workers. | Provisions for the chronic dust diseases of the lungs. A legislative which allows the secretary of the labor to set standards and scenarios for identifying total disability or mortality. | Office of the workers compensation act is the agency in charge of the Black Lungs Benefits Act. |
Integrity Staffing Solution, Inc. V. Busk (December 9, 2014)
“ The issue in this case was whether the time spent by an employee waiting in line to go through a security screening at the end of a shift was compensable time under the Fair Labor Standards Act (FLSA) and the Portal-to-Portal Act. The Court held that it was not (9-0)” ( Balloun, 2011). The employees are required to go through security check up in a measure to prevent theft by dishonest employees. The time spent in the line was averagely 25 minutes and the Integrity staffing was not rewarding for the waiting period though the workers complained that they need to be paid. According to Portal-to-Portal Act, employers are not responsible in the Fair Labor Standards Act to pay employees for time spent in riding, walking or travelling to or from the place after the work. The court said that principal activities are integral and indispensable. The security check ups were not among the activities which employees were hired for nor were they indispensable and integral. What mattered was what the workers was recruited to do. The security screening could have as well been eliminated without interfering with the employees’ capacity to perform their work. In making a ruling, the court held that “an activity is integral and indispensable to the principal activities that an employee is employed to perform”. The employees’ time spent in the screening does not form part of the principal activity and thus the employer is not liable to pay the employees for such time.
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While making a riling over a case, the court may rely on similar cases previously settled ( Bernhardt, et al ., 2013). This is known as stare decisis which mean to stand by the decided matters. The ruling of a court of based on other ruling act as a convincing authority while making a ruling. The decided matters should be upheld. The decision being held must be from a higher court.
References
Acharya, V. V., Baghai, R. P., & Subramanian, K. V. (2013). Labor laws and innovation. The Journal of Law and Economics , 56 (4), 997-1037.
Balloun, O. S. (2011). The true obstacle to the autonomy of sea steads: American law enforcement jurisdiction over homesteads on the high seas. USF Mar. LJ , 24 , 409.
Bernhardt, A., Spiller, M. W., & Polson, D. (2013). All work and no pay: Violations of employment and labor laws in Chicago, Los Angeles and New York City. Social forces , 91 (3), 725-746.
