Employment Law Compliance Plan for Marylee Luther

To:        Traci Goldman

Date:        April 13, 2015

Re:        Employment Law Compliance Plan for Marylee Luther

        Clapton Commercial Construction

________________________________________________________________________

        In my research of employment laws in Arizona for Marylee Luther at Clapton Commercial Construction, I found four laws that I will be discussing in further detail, including the consequences of noncompliance with each law.

The first law I would like to discuss is the Arizona Civil Rights Act, this law states that individuals are to be treated as equals, including freedom from discrimination in employment. Any employer with 15 or more employees shall not discriminate based on race, color, religion, sex, age (over 40), national origin, disability or results of genetic testing (Labor and Employment Law Overview: Arizona, 2015). Any person that violates this law shall be found liable and the will have to pay compensatory and punitive damages, back and front pay, reinstatement, and attorney’s fees (Dawson, 2012).

The second law is the Right to Work, this law states that no one can discriminate against a person for being a nonmember in a labor organization. Nor can any corporation, individual, or association enter into an agreement that excludes any person from employment for being a non-member of a labor organization (Hedding, 2015). Anyone who is in noncompliance can be sued and will be subject to compensation reimbursement (Legal Defense Foundation, Inc., 2015).

The third law is Wage and Wage Discrimination, Arizona requires employers to follow both federal and state laws on wages, but the employer must pay the higher of the two. Although the federal wage is $7.25 per hour, the state wage is $8.05 per hour. Therefore, the employer must play their employees $8.05 per hour.  Arizona law requires that both men and women get paid equally for doing equal or comparable work. However, the pay can be different if it is based on non-discriminatory factors such as seniority, skill, or merit (Labor and Employment Law Overview: Arizona, 2015). The consequences for noncompliance of either of these laws is an entitlement to back pay, liquidated damages, and attorney's fees (Warner, Norcross, and Judd, 2010).

        The fourth and final law is the Drug and Alcohol Impairment Testing, this is a voluntary law. Employers who decide to conduct drug and alcohol testing will have to provide in writing the policy and include: a statement of the employer’s policy; who will be tested; circumstances as to when the testing will be done; the substance tested for; explanation of testing methods and collection protocol; consequences of refusal to take the test; implications of a positive result; the employees right to written results; the employee's right to request and obtain, an opportunity to explain a positive result in a confidential setting; and the employer's policy regarding confidentiality of the test results (Labor and Employment Law Overview: Arizona, 2015).  Compliance with this law is only voluntary, so there are no consequences for noncompliance of  Drug and Alochol Impairment Testing in Arizona (Arizona Senate Research Staff, 2013).