'A Comparison of Federal and Puerto Rican Employment Protections\r'

'Fol number oneing the industrial Revolution of the Nineteenth Century, the federal administration of the United States pursued the enactment of unlike laws to protect the rights of mortal laborers.This was primarily spawned at the insistence of labor unions, which were legalized in the analogous time period. Throughout the following century, a number of revisions and mendments were made upon these laws, to the point where at the present individual workers enjoy the wide of the mark legal security measures of the United States governance at their impersonates of employment.These federal statutes cover all told argonas from historic period discrimination to discrimination against those with disabilities. One major(ip) statute is based on deed VII of the Civil Rights make up, which makes it illegal for an employer to severalize against a worker on the origination of race, color, religion, sex, or national origin.This applies to non further treatment on the job, but to all aspects of the employment process, including hiring, promotion, discharge, profit, fringe benefits, job training, classification, and referral.Employers ar forestalled from showing preference while advertising or recruiting. For example, an employer whitethorn non post advertisements for a position that ar tailored exclusively to a limited gender, or insinuate during the hiring process that individuals fitted a certain description atomic number 18 more likely to be hired. (De plowsh bement of Labor.)Falling nether the equivalent statute, employers can non dismiss an employee for whatever of the above classifications, and cannot pay less(prenominal) on the prat of gender, race, etc. This was a common practise before the creation of such protections, as in many circumstances women were give more less for working the same jobs that men were being paid much higher to complete.In addition to this, the federal statutes prohibit child labor, which means in approximate ly states that workers under the ages of 18 or 16 ar subject to certain restrictions in the number of hours a week they whitethorn work, and other aspects of working the job including the drill of tools and operation of machinery. (Department of Labor.)As hearty, Title I of the Americans With Disabilities Act prohibits employers of fifteen or more employees to dissever against qualified individuals with disabilities.This law is inapplicable in well-nigh circumstances. Obviously, if an individual is disabled in such a way so as to make them wholly unavailing to practise the duties of a given job, it is not considered discrimination for the employer to ref intake to hire them. However, in some cases involving minor mental illness, where individuals are still able to adequately perform the function of a job, which may or may not require less skill, employers are not permitted to discriminate on the basis of the disability, and are subject to being penalized if they are discovere d doing so. (Andrade.)The federal government left some areas of employment protection to be decided by the individual states. One example of this is minimal betroth. though there is a fairly low standard of marginal wage ceremonious by the federal government, individual states may establish a higher token(prenominal) wage. In the case of Puerto anti-racketeering law, the minimum wage is $5.15 per hour worked, though over the summertime of 2006 members of the manse of Representatives introduced legislation to raise this minimum wage to $5.40.This minimum wage unaccompanied applies to employers who are covered by the national Fair Labor Standards Act (FLSA). Employers not covered by the FLSA may pay their workers much lower rates, close to $3.00 per hour. (Department of Labor.)Even so, Puerto anti-racketeering law is said to have some of the to the highest degree strictly regulated labor laws at bottom United States jurisdiction. This is due in part to highly successful la bor movements within the territory. All federal statutes regarding labor confine to states, and this includes territories such as Puerto anti-racketeering law. If these regulations are not followed, the Department of Labor will come in in some manner and inflict the law. At a minimum, Puerto Rican labor laws mustiness comply with the labor laws established by the federal government of the United States. (Andrade.)In some areas, Puerto anti-racketeering law has gone above and beyond the minimum established standards. As mentioned, the House of Representatives has made an effort to raise the minimum wage. As well, the territory has established the Puerto Rico occupational Safety and Health Administration, which enforces the Occupational Safety and Health Act of Puerto Rico (OSHA).Among other things, this act guarantees to all(prenominal) employee in the Commonwealth of Puerto Rico â€Å"safe and healthful working conditions”. Employers must ensure that each employee has a job and jobsite free of hazards which may cause death or carnal injury. ( institution of the Commonwealth of Puerto Rico; Serrano.)Employers must in like manner obey all occupational synthetic rubber and health standards, and any rules or regulations that are applicable to the worksite. This includes federal statutes, as well as Puerto Rican laws.This is enforced through the use of inspections, which are conducted on the basis of antecedency in the following order: impending danger, fatalities/catastrophes investigations, complaint/referral investigations, programmed inspections, and follow-up inspections to ensure that any necessary modifications have been carried out by the employer. An additional measure established a Boiler and Elevator Inspection Program, the backup of which is self-explanatory.In this program, inspectors ascertain the safety of boilers and elevators on jobsites, judgment all aspects including manufacture, installment, and safe operation. These measures , while take by several other states, are not specifically enforced or provided by the federal government.Contrary to the bad record that many labor sites outside of the Continental United States have earned, Puerto Rico sprucely follows federal standards of employment protection, and has made initiatives to improve upon the federal model. With a decent minimum wage, laws promoting safe workplaces, and an administration in place that actively inspects employers to ensure the enforcement of these laws, Puerto Rico has been deemed by many to be a safe, profitable place for laborers to work.Works CitedAndrade, N (2006, October 4). Puerto Rico-State-Labor Law amount Blog. Retrieved October6, 2006, from Labor Law Center meshwork site: http://blog.laborlawcenter.com/category/state/puerto-ricoAuthor Unknown, (2006). Constitution of the Commonwealth of Puerto Rico. Retrieved October6, 2006, from ToPuertoRico.org vane site: http://www.topuertorico.org/constitu.shtmlAuthor Unknown, Puer to Rico State Information Page. Retrieved October 6, 2006, from U.S.Department of Labor Web site: http://www.osha.gov/oshdir/stateprogs/Puerto_Rico.htmlSerrano, M, Labor Laws Weigh firmly on Puerto Rico’s Employers. (2005, portentous 25). PuertoRico Herald, http://www.puertorico-herald.org/issues2/2005/ vol09n34/ CBLaborLaws.shtml\r\n'