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What would happen if employer and employee fails to comply with OSHA regulations?
Wiki User
∙ 11y ago
If an employee fails to comply with OSHA regulations properly communicated by the employer, then he or she would be subject to disciplinary action by the employer.
If an employer fails to comply with OSHA regulations, the employer could be cited and fined by OSHA.
Wiki User
∙ 11y ago
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What must happen before an employer allows an employee to make independent work?
The employer must trust the employee.
What must happen before an employer allows an employee to make independent work decisions?
The employer must trust the employee.
What might happen to you or your employer if Health and Safety law is broken?
In the US, if your employer does not comply with a health and safety regulation, the company can receive a citation and a fine. If you fail to comply with a health and safety requirement and you employer does not discipline you , your employer may receive a citation and a fine.
What must happen before an employee allows an employee to make independent work decisions?
The employer must trust the employee.
Can an employer in loisiana deduct an overpayment vacation from the employee final paycheck. you have 2weeks of vacation a year and you can use that before having What happen if you quit or get fired?
Uranus can get fired.
What is the full tip credit on wages?
There is no full tip credit on wages. The tip credit is a scam that lobbyists for the restaurant industry pushed through Congress. Congress didn't even understand what they were passing when they passed the bill. Let me explain. The tip credit explains that in order for an employer to take a tip credit, the employer must allow the tipped employee to retain all tips. The truth of the matter is, an employee cannot retain all his tips when his employer is taking part of them to pay part of what the employer owes the employee in minimum wage. Lets take for instance, an employee who receives $4.00 an hour in tips. According to the federal tip credit, this employee's employer can not take the maximum tip credit of $5.12 an hour because that would leave the employee earning only $6.13 an hour while federal laws mandate that every employee covered under the FLSA must earn at least $7.25 per hour. The way the FLSA explains such a situation is, If an employee's tips do not combine with his hourly wages to equal or exceed minimum wage, currently $7.25 an hour, the employer must make up the difference. In this case, the employee is not receiving enough tips for his employer to take to reach the maximum allowable tip credit. You see, the truth of the matter is, the tip credit actually allows employers to steal up to $5.12 an hour in tips from an employee who receives tips. If an employee only receives $2.00 an hour in tips, then his employer can only steal $2.00 an hour in tips so that they may be used to reduce the employer's burden of paying the employee $7.25 an hour to an amount of $5.25 an hour. If employee receives $4.00 an hour in tips, then his employer can only steal $4.00 an hour in tips so that they may be used to reduce the employer's burden of paying the employee $7.25 an hour to an amount of $3.25 an hour. If an employee earns $5.13 or more in tips, his employer can steal up to $5.12 in tip so that they may be used to reduce the employer's burden of paying the employee $7.25 an hour to an amount of $2.13 an hour. Now let me prove how such tip credits are actually prohibited by the very law that seems to allow them. The provisions of the tip credit clearly state that in order to take a tip credit the employer must allow the tipped employee to retain all tips. In the previous scenario the employee was receiving $4.00 an hour in tips. Let us now analyze what would happen if customers suddenly stopped tipping this employee. If' customers suddenly stopped tipping this particular employee $4.00 an hour, his employer would not be able to use the customer's tip to pay $4.00 an hour towards the employer's minimum wage obligation for this employee. The employer would have to come out of his own pocket with $4.00 an hour to insure that his employee was receiving $7.25 an hour. Before customers suddenly stopped tipping, the employer was able to pay the employee $3.25 an hour because the tips he was receiving were paying the $4.00 an hour the employer would normally have to pay. After customers suddenly stop tipping this particular employee, the employer has to pay the employee the full minimum wage of $7.25 an hour. What we have proven so far is that if customer's stop tipping this particular employee the employer would have to take money out of his own pocket to pay this employee's minimum wage. If customers stopped tipping this particular employee $4.00 an hour, the employee would not lose anything. His employer would have to increase his hourly wages to $7.25 an hour, due to the fact that there are no tips for his employer to credit towards the employer's minimum wage obligations. What we have now proven is that if customers stop tipping this particular employee the employee will not lose anything. The point of this analysis is to prove that when an employer takes a tip credit he is undoubtably taking the customer's tip. While the employee who was receiving $4.00 an hour in tips before customer's stopped tipping was earning $7.25 an hour in wages and tips, this employee will earn $7.25 an hour if customers stop tipping him. While his empoyer was paying the employee $3.25 before customers stopped tipping his employee, the employer will have to take $4.00 an hour our of his own pocket to pay the employee if customers stop tipping. The question that remains is, what was actually happening to the tips customers gave the employee? The answer is realized when one simply looks at what would happen if customers stopped tipping. The employee will lose nothing if customers stop tipping. The employer will have to take $4.00 an hour out of his own pocket if customer's stop tipping. The answer to what was actually happening to the tips customer's gave the employee is, The employer was putting them in his own pocket. Only the employer will lose any money if customers stop tipping this particular employee. Now that we understand that the tip credit simply allows an employer to put part, or all of the employee's tip in the employer's pocket, we will now go back and analyze the provsions of the tip credit. The tip credit explain that in order for an employer to take a tip credit, the employer must both inform the emplyee of the tip credit and allow the employee to retain all tips. How can the employee retain all tips when his employer is putting them in his own pocket? What the law is stating is, an employer can take a tip credit as long as the employer doesn't take a tip credit. Now tell me that Congress understood what they were passing when they passed the tip credit bill. They will never admit that they passed a bill allowing emloyers to steal the customer's tip in such a manner. That's probably why they added provisions stating that in order for an employer to take a tip credit the employer must allow the employee to retain all tips. You see, by adding language that suggests that the tip credit is not simply allowing employers to steal the customer's tip, those who passed the law are exhonerated from claims that they deliberately passed such criminal legislation.
Who gives the states power?
The people give states power. Through the self organization of leadership the people establish the regulations and rules they want the state to have and enforce then they choose to comply with those new rules. If people choose not to comply they are criminals or they move. In the case of inactivity, people get the government they let happen to them.
Is employer liable if employee gets injured by falling debris. I was injured when a fellow employee tried to pull a heavy box from the top of a rolling shelf that I was instructed to sit next to?
Your employer is liable for ALL injuries that happen to employees "in the course and scope of employment". "In the course" means during the period you are clocked in and subject to the employer's direction. NOT before or after work or while away from the workplace at lunch. "In the scope" means while performing your assigned duties - not while fighting or stealing or picketing.
If a hotel owner tells their guests why their employee was fired can that employer get sued for defamation of character?
It isn't a very smart thing for an employer, or ex-employer to do as far as customer relations are concerned, unless the information is couched in terms which don't identify the employee in any way; the employer could say, we're sorry there have been a few problems, but we've taken immediate steps to ensure it doesn't happen again. To do otherwise simply reflects badly on the workplace and management. If the hotel owner is lying to guests about the reasons for firing an employee, and either naming the employee or making it clear who they're talking about, there could well be a case for defamation. You'd have to prove defamation exists. The relevant union might be the former employee's first place of reference, or legal aid. Privacy legislation, as well as industrial law, would also be involved here.
What will happen to the world if there is no rules and regulations?
Complete chaos.
Can an employer lay off after disability?
Legally, no, an employer should not lay off anyone after disability. However, it does happen. It particularly happens if the employee can no longer do his or her job correctly because of his or her disability.
Can an employer fire an disabled employee for not attending safety meeting when his prosthetic leg was being rebuilt?
Most people can get around without their prosthetic limbs for a time, if not as well or as comfortably as with them. If attendance at the meeting was a condition of employment and the person was at work, or had missed work without permission or suitable cause, then firing the employee may be within the employer's rights. Each jurisdiction is different, so check with someone who knows the details of the jurisdiction where this has happened or might happen.
