In the United States, the Fair Labor Standards Act (FLSA) of 1938 protects the rights of workers and employees. This law was introduced in the United States to protect employees and workers from exploitation by unscrupulous employers. The FLSA has several stipulations that define fundamental rights that workers have in the United States. The ‘Minimum Wage’ right stipulates the minimum amount of remuneration that an employer can legally provide to workers. The minimum wage is structurally a base amount that makes it illegal for employers to provide a lower amount to employees and workers. In law, the minimum wage amount is set at $7.25 per hour. However, this amount has been revised by some states on an individual basis and the figures vary from state to state. In most states (28), minimum wage increases annually on a percentage calculated from inflation figures. Employers are required to set a maximum of 40 working hours in a week. Employees may be asked by their employers to report to work for longer periods than the established 40 hours in a week. In such instances, workers are entitled to pay at a rate of time and one-half of their regular pay. However, overtime does not apply on Saturdays, Sundays, holidays and off days; unless the employee worked overtime during that time.
Arbitration and mediation are dispute resolution processes and mechanisms. Arbitration refers to facilitated talks between two parties by a third party; at the end of which the third party makes recommendations that are binding to the two parties. In mediation, the third party facilitates the talks and acts as a neutral, non-partisan party; whose recommendations are non-binding. Both processes recognize the authority of the third party who must be acceptable by both parties. In mediation and arbitration, the third party is at will to make recommendations, set guidelines of talks and control the subject matter of discussion. Arbitration and mediation are used to resolve disputes between two parties where talk processes have been initiated but a resolution has not been implemented. Both processes involve presentation of arguments and grievances based on truth and facts, and an arbitrator or a mediator takes note of arguments raised in each meeting within the minutes. However, there are fundamental differences between mediation and arbitration.
Delegate your assignment to our experts and they will do the rest.
First, arbitrators perform the role of adjudication over a matter; meaning that any judgements, recommendations and rules set by the arbitrator must be followed, similar to the actions of a judge in a court. Mediators may offer recommendations but they do not become binding to the parties. In this way, arbitrators have the power to control the outcome of a talk process while outcomes in mediation processes are controlled by parties. The process of arbitration is formal and conducted in a legal environment with attorneys controlling party participation while the process of mediation is conducted by the parties and is informal.
Arbitrators conduct evidentiary hearings with private meetings with parties and their counsels outlawed. However, mediators may hold consultative talks with both parties; and one party at a time. The intention of arbitration is to find a solution to a problem regardless of resultant relationships after one side loses; while mediation is meant to mend relationships and bring parties to a common agreeable solution. Arbitration procedures are held in private and the terms and conditions set out by each party are considered privately; although decisions and conclusions of arbitration may be made public. Mediation processes are held privately between the three parties and the decisions made are private and confidential.
