State And Federal System Paper

Lorrie Graham 12/6/05

James E. Rambeau, Esq. Employment Law/MGT 434 State and Federal Systems

Employment laws vary from state to state and some cases differentiate from the federal laws that govern all 50 states. For instance, comparison of the Georgia state laws governing the Fair Labor Standards Act (FLSA) established in 1938 has served to protect workers for non skilled labor and entitlement of minimum wage payment at $5.15 an hour including overtime of one and one-half the pay rate over 40 hours. This act also serves to protect minors (child labor provisions) regarding their education and serious harm to their health and safety issues. The FLSA stipulates the amount of hours youth can work, age requirements, and pay rate. In accordance with the federal law that regulates the FLSA, minors under the age of 16 (minimum age is 14) are allowed to work as explained by the U.S. Department of Labor, “3 hours on a school day, 18 hours in a school week, 8 hours on a non-school day, 40 hours in a non-school week, and between 7 a.m. and 7 p.m., except from June 1 through Labor Day, when nighttime work hours are extended to 9 p.m”.1 Under Georgia state law minors under the age of 17 must obtain an Employment Certificate which includes home schooled and out-of-state minors before seeking employment. Under the state law work hours are similar but vary to some degree. Georgia Department of Labor states, “ Minors under the age of 16 may work no more than 4 hours on a school day, 8 hours on a non-school day, 40 hours during a non-school week, not before 6 a.m., and not after 9 a.m”.2

1

Retrieved November 28, 2005, from http://www.dol.gov/dol/topic/youthlabor/workhours.htm.

2

Retreived November 28, 2005, from http://www.dol.state.ga.us/em/cl_work_hours.htm.

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Lorrie Graham 12/6/05

James E. Rambeau, Esq. Employment Law/MGT 434

The federal law states minors are at least 14 to work but Georgia’s state law requires minors to be 12 years of age. But federal law also states minors at the age of 16 and 17 are not restricted to certain amount of work hours. Surprisingly, Georgia state law will not allow minors to serve or sell any type of alcoholic beverage except in grocery or local stores and the federal law doesn’t really make it clear whether or not minors can dispense alcoholic beverages in either cases. In cases where the job is classified as hazardous i.e. manufacturing, machinery work, meat processing, waste material including radioactive, etc, minors under the age of 17 are prohibited employment in these areas. Georgia state law is similar to federal but specifies that minors 15 and under are not permitted to work in dangerous occupations with the exception of working for family who own their business then the state law exempts minors but does not exclude dangerous occupations. In comparing other employment protection related laws, the Worker Adjustment and Retraining Notification Act (WARN) established by U.S. Congress in 1988 but enacted in 1989 focused on protecting workers, families, and surrounding communities in mandating that employers provide a 60 day notice for employer closings, sale of a business, or massive layoffs to dislocated workers or spokespersons with their local union or state government. Employers with 100 or more employees, which don’t include parttime workers and workers employed less than six months, are covered with the exception of government agencies i.e. federal, local, and state. There are exceptions to the rule under the WARN Act which stipulates that transfers to another facility whether inside or outside commuting distance does not experience an employment loss after a plant closing or mass layoff. Georgia Department

2

Lorrie Graham 12/6/05

James E. Rambeau, Esq. Employment Law/MGT 434

of Labor states, “In both cases, the transfer offer must be made before the closing or layoff, there must be no more than a six-month break in employment, and the new job must not be deemed a constructive discharge. These transfer exceptions from the “employment loss” definition apply only if the closing or layoff results from the relocation or consolidation of part or all of the employer’s business”.3 Also, notice does not have to be given if the closing or mass layoff was due to a short term project or the facility was open on a temporary basis and the workers were given advance notice before hiring that employment would be short term. This would include strikers or unions on strike with the exception of workers, not part of union or strike, are entitled to notice. Georgia does not have a state law that regulates initial warning of layoffs but, “employers are encouraged to contact the department to take advantage of assistance available to workers to be laid off”.4 In this case, the Georgia Department of Labor offers employment services to those workers affected by massive layoffs and will assist workers in re-employment in similar work or training in a new area if necessary. The Georgia New Hire Reporting Program and the Personal Responsibility and Work Opportunity Reconciliation Act (PROWRA), established by Congress in 1996, work in conjunction in reporting all new hires to ensure employees personal obligations regarding the care and support of children are met. PROWRA requires employers throughout the 50 states to report new hires within their respective states directory. This act has been in effect since 1998 and there is a heavy penalty for employers who do not

3

Retrieved November 28, 2005, from http://www.dol.state.ga.us/em/warn_em.htm.

4

Retrieved November 28, 2005, from http://www.dol.state.ga.us/em/warn_em.htm.

3

Lorrie Graham 12/6/05

James E. Rambeau, Esq. Employment Law/MGT 434

report new hires. The fine ranges from $25.00 per new hire and if there is an agreement between the employee and employer to evade compliance the fine goes up to $500. The Federal Office of Child Enforcement tracks compliance through reporting employers that may be in violation of the law to the states local Department of Labor. The respective states Department of Labor is responsible for sending non-compliance letters to the employer as warning. It is the responsibility of the states Department of Labor to regulate and enforce the new hire law. Georgia’s new hire program mandate employers to report new, re-hires, and temporary employees. Home of record, social security number, date of birth, medical insurance, state where hired are required for reporting and the employer has ten days to submit information from employee’s date of hire by fax, electronic methods, or through a payroll service. There was no major difference between PROWRA and the Georgia New Hire Reporting Program. For employers with workers in other states, employers are considered multistate and the same principle for required information applies but the employer must select a state to report all new hires and must include a list of states where new employees are located.

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Lorrie Graham 12/6/05

James E. Rambeau, Esq. Employment Law/MGT 434 Reference List

Retrieved November 28, 2005, from http://www.dol.gov/dol/topic/youthlabor/workhours.htm. Retreived November 28, 2005, from http://www.dol.state.ga.us/em/cl_work_hours.htm. Retrieved November 28, 2005, from http://www.dol.state.ga.us/em/warn_em.htm. Retrieved November 28, 2005, from http://www.newhirereporting.com/ganewhire/instruct.asp?State=GA&SessionID=.