...Civil Rights Act of 1866 (http://www.eeoc.gov/laws/other.cfm#cra-1866) Summary of Act's Principle Requirements and Regulations Impacting HR - This law protects the equal right of all persons within the jurisdiction of the United States to make and enforce contracts without respect to race. Governmental Enforcement Agency - Enforced by individuals, not a federal agency Impact on HRM Functions and Policies - This includes all contractual aspects of the employment relationship, such as hiring, discharge, and the terms and conditions of employment. The Supreme Court has held that the statute also prohibits retaliation against persons who complain about race discrimination prohibited by the statute. (http://www.eeoc.gov/laws/other.cfm#cra-1866) Equal Pay Act of 1963 (http://www.eeoc.gov/laws/statutes/epa.cfm) Summary of Act's Principle Requirements and Regulations Impacting HR - Requires that male and female workers receive equal pay for work requiring equal skill, effort and responsibility, and performed under similar working conditions. (http://www.princeton.edu/hr/policies/appendix/a1/1_6/) Governmental Enforcement Agency - EEOC Impact on HRM Functions and Policies - Pay differentials are permitted when they are based on seniority, merit, quantity or quality of production, or a factor other than sex. (http://www.shrm.org/LegalIssues/FederalResources/FederalStatutesRegulationsandGuidanc/Pages/EqualPayActof1963.aspx) Title VII of the Civil Rights Act of 1964, as amended...
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...organization serves. Throughout the HR processes a main priority is the examination of the employment laws and the effects of how they are used. Divisions that house the employment laws such as the US Department of Labor (USDOL), the Equal Employment Opportunity Commission (EEOC), Department of Homeland Security (DHS), etc. are important divisions that all HR departments must maintain up-to-date information from to ensure that the processes are staying in line with the regulatory requirements such as the Americans for Disability Act of 1990 (ADA). All of these laws, acts, divisions, regulations, and requirements are what led to litigation between employees, clients served, and the organization. These types of litigations bring to mind whether or not common sense and compassion in the workplace has been reduced by this type of litigation. Effects of Legal, Safety, and Regulatory Requirements on HR Processes Laws, acts, and regulations have been placed for organizations to follow throughout history. These laws, referred to as HR laws are the main reason that there are HR and legal departments. “Understanding and complying with HR law is important for three reasons. It helps you do the right thing, realize the limitations of your firm’s HR and legal departments, and minimize your firm’s potential liability” (Gomez-Mejia, et al. p.88). Understanding these HR laws will also enable an organization to determine the effects that the laws can have on...
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...RESOURCES Program: MBA (Regular) MANAGEMENT Semester: Fall 2011 ID: 136-34-22 The Chartered Institute of Personnel and Development (CIPD): The Chartered Institute of Personnel and Development (CIPD) is Europe's largest HR and development professional body. As an internationally recognised brand with over 135,000 members across 120 countries, we pride ourselves on supporting and developing those responsible for the management and development of people within organisations. We know what good HR looks like and what you need to know and do at every stage of your HR career, wherever you are in the world. With over 135,000 individual members we’re in the business of supporting you to keep up to date with the latest thinking and best practice, as well as providing you with products and services to help you do your job including: . CIPD has links with over 100 similar global institutions and associations and are active members of the World Federation of People Management Associations (WFPMA), the European Association for People Management (EAPM) and the International Federation of Training and Development Organisations CIPD is setting global standards for HR and supporting the development of HR professionals and building HR capability within organisations around the world. Our members represent over 120 countries throughout the world and are supported by a network of 48 branches, led by volunteers, in the UK and Ireland. There’s also a growing network of international...
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...within an organization. The human resources department (HR) has the responsibility to develop strategies that allow employees to work in a safe, non-discriminatory environment with fair wages. With the development of regulatory agencies, such as the Equal Employment Opportunities Commission and the Department of Labor common sense and compassion has been reinforced with laws and regulations allowing litigation in cases of discrimination, unsafe working conditions, and unequal pay. The enforcement of these regulations by HR seems to have developed a more structured, safe environment. Human resources management (HRM) has the obligation to comply with employment, health and safety legislation. This includes federal, state and local laws that pertain to the many areas of HRM such as benefits, recruitment, and termination. HRM must stay up-to-date with legislation so that the organization is compliant and avoids costly penalties. Federal Regulations Federal laws cover the whole scope of employment, from hiring to termination. These regulations prescribe standards for wages and hours, safety and health, health benefits, retirement, workers’ compensation, working conditions, and discrimination. United States Equal Employment Opportunity Commission The U.S. Equal Employment Opportunity Commission (EEOC) is the governing body that regulates and enforces workplace discrimination. In the United States, it is against the law to discriminate against anyone because of race, color...
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...Human Resources Management- HCS341, taught by Alejandra Sipion. Safety, legal, and regulatory requirements in any organization is the most important law because the department involves developing, employing, utilizing, managing and understanding the staff in an organization. According to Gomez, Mejia, Balkin, and Cardy (2010) legal concerns can play an important role in staffing, particularly in selection. Many legal restraints, particularly federal legislation such as Department of Labor, the U.S. Equal Employment Opportunity Commission affects the Human Resource Management process. This paper will discuss the effects of legal, safety, and regulatory requirements have on the Human Resource Management process. Laws and regulatory requirements are currently in place for state and federal divisions to standardize and promote workplace safety. Organizations with extensive safety programs have reduced number of accidents keeping employees safe, decreased workers’ compensation claims and lawsuits and lesser accident-related expenditures for employees who go out under worker’s compensation. (Gomez-Mejia, et al, 2010, p. 511). The Human Resource Management department must take into consideration when hiring new employees the many legal requirements that are set in place by the United States government , state, and federal laws. The Civil Rights Act of 1991 prevents discrimination against race, color, religion, sex, and national origin. As a result, Human Resource management departments...
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...Protection Agency Proposed Rule Number 61 Keller Graduate School 1. State the administrative agency that controls the regulation. Briefly explain why this agency and your proposed regulation change interest you. Will this proposed regulation affect you or the business in which you are working? The Environmental Protection Agency (EPA) is in charge of the National Priorities List. Currently the EPA is seeking to propose a rule 61. I currently work for a corporation, AECOM that stands for Architecture, Engineering, Construction, Operations, Management, where our job is to destroy chemical agent, such as mustard nerve agent. AECOM works diligently to follow EPA guidelines to ensure we do not fall under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Superfund Amendments and Reauthorization Act (SARA). AECOM follows these guidelines to protect the environment and the personnel that live in the city where we are located. Part of our job is to stay up-to-date with the laws and regulations that change and come up to ensure we are not breaking the law when it comes to transporting, handling, and destroying the chemical agent. As it stands, the current regulation is only for three sites Alabama, Indiana, and Michigan, which do not apply to our site in Colorado. Later in the cycle, the EPA could issue to have this regulation include our site in Colorado is anything goes wrong during processing. 2. Describe the proposal or change. Currently...
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...ABSTRACT The HR Department of any company holds some of the most confidential and sensitive information in the organization. Data relating to employees is of a highly contentious and potentially litigious nature and has to be managed in accordance with compliance regulations. While sharing characteristics with other types of records, personnel records have some special characteristics; importance, sensitivity, longevity, quantity and ownership. We will base this report in the company called CASTELLON SA, manufacturing factory with more than 250 employees. NOTE TO THE CASTELLON SA HR DIRECTOR ABOUT WHY RECORDING, ANALYSING AND USIN HR DATA IS IMPORTANT I. Two reasons why organisations need to collect HR data. Collecting and recording HR data is vitally important to our organisation. We need to keep certain records, some because the law requires them, and some for company’s internal purposes. Being a production factory we have to ensure we are in compliance with Health and Safety laws and regulations ensuring that all staff is maintaining high health and safety awareness. To avoid any act of discrimination in our company and to prove that the company is adhering to UK’s current law and legislation we have to implement the Data Protection Act to our data collection policies. The HR data collection could help in our company’s overall performance measurement process. The data collected enable managers to make sound decisions more effectively. Some of the benefits of data...
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...Retention of HR records Revised July 2015 What are HR records? HR records include a wide range of data relating to individuals working in an organisation, for example, pay or absence levels, hours worked and trade union agreements. This information may be stored in a variety of media such as paper files and, increasingly, on computer databases. It is important for all organisations to maintain effective systems for storing HR data, both to ensure compliance with all relevant legislation (for example in respect of the minimum wage or working time regulations) as well to support sound personnel administration and broader HR strategy. Our factsheet on human capital has more details of how employee information can help identify the sort of HR or management interventions which will drive business performance. However, as detailed below, in the UK a complex regulatory regime governs the length of time for which HR records should be stored. The legal position Legislation There is a substantial and complex amount of legislation in the EU and UK that has an impact upon the retention of personnel and other related records in those regions. Examples of legislation dealing with particular categories of records are provided in the boxes below. Access, storage, format and destruction The Data Protection Act 1998 (DPA) applies to most personnel records, whether held in paper, microform, or computerised format. Under the DPA data must not be kept any longer than is necessary for...
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...of Labor, statistics indicate that more than 4.1 million people were hurt or injured on-the-job in 2006 and 5,488 were killed in 2007 (Gomez-Mejia, Balkin, & Cardy, 2010, p. 511). Laws and regulatory requirements are currently in place to standardize and promote workplace safety. Organizations with extensive safety programs have reduced number of accidents, decreased workers’ compensation claims and lawsuits and lesser accident-related expenditures (Gomez-Mejia, et al, 2010, p. 511). This paper discusses the effects of legal, safety and regulatory requirements in ensuring employee safety and welfare in the workplace. In addition, it will also discuss other employee-related legal regulatory requirements and topics pertaining to human resources process in hiring employees to prevent costly litigation. Safety and the Law Many Human Resources (HR) experts and managers have implemented HR strategies to comply with federal regulations to supervise efficiently employee health and safety in the workplace. An organization has the responsibility as mandated by all levels of government to offer all employees the assurance of a working environment free from health hazards. The two important workplace regulations in place that affect employees at all levels are workers’ compensation laws at the state level and the Occupational Safety and Health Act of 1970 (OSHA) at the federal level (Gomez-Mejia, et al, 2010). Workers’ Compensation The workers’ compensation...
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...backwards (sometimes ludicrously so) to prevent being sued. Human resources (HR) departments spend much of their time concerned with employee relations. With the significant changes in employment discrimination laws beginning in the early 1990’s and resulting upsurge in employment litigation, one could say that common sense and compassion in the workplace has been replaced by litigation. Today’s work environment is filled with conflicts, and diverse motivators’ fuel concerns surfacing from a wide variety of situations. Emotions are at the forefront of litigation; misunderstandings, confusion, and frustrations of balancing home and workplace are among the top contributors (Gilbert, n.d.). In this litigious environment, keeping within the multitude of new employment laws and regulations can prove difficult if HR processes are not properly in place. Employee-related regulations include those of the U.S. Department of Labor (DOL), Equal Employment Opportunity Commission (EEOC), Americans with Disability Act of 1990 (ADA), andthe Department of Homeland Security, all of which are put in place to protect the U.S. worker. The drastic changes in employment laws combined with an uncertain future have caused many workers to feel undervalued and expendable. This loss of job security has brought unrest to many employees, causing feelings of animosity against employers. This coupled with misconceptions of employment laws, employee rights, or entitlements can increase the...
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...Pre-sessional 2013 Why is it particularly necessary for HR managers in national companies in China to focus on protecting female employees’ working rights Written Project By LI FANGCHEN 30th August 2013 Supervisor: Darren Fox Declaration The work contained in this project is my own and has not been submitted for any other qualification. All sentences and passages quoted from published sources have been specifically acknowledged by referencing to author, work and page(s). Name: Li Fangchen Signature: Date: 30th August 2013 Content 1. Introduction 1 2. Current situation and problems of gender inequality in the workforce in China 1 2.1 General situation in gender discrimination 1 2.2 Discrimination against young women 2 2.3 Discrimination against migrant female workers 3 3. Compare with the situation in Europe 3 4. What measures should be taken 4 4.1 Recruitment and selection 4 4.2 Personal development 4 4.3 New organization of work 5 Reference 6 1. Introduction Gender inequality is a problem among the workplace globally, female employees tend to be paid fifteen to fifty percent less than male employees when they are working the same job. (Burnett,2010) In terms of the situation in China, although the Constitution in 1982 has reinforced laws and regulations to protect women's rights, the level of unemployment rate...
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...Different Markets Compensation laws are created to protect employees within an organization. Unsure of legal obligations in designing a total compensation plan, a client needs an explanation on how certain laws and regulations affect total compensation in their organization. The client’s organization employs 200 people, is a federal contractor, and operates in the biotech industry. Laws and Regulations The compensation laws and regulations are almost the same in all industries. In the case of a company that works in the biotech industry, special care concerning the compensation plan is required. This is because of the fact that this industry is believed to be involved in special hazards to health and security and is also inclusive of some revolutionary implications, moral, and ethical issues. The following are some of the laws relating to compensation plan in the industry that helps in identifying the different aspects of pay: A) The Fair Labor Standards Act (FLSA): It is one of the most important legislations concerning the total compensation plan for the small business owners and companies. It involves five major compensation laws that administer minimum wage, equal pay, overtime pay, child labor, and record keeping requirements (Martocchio, 2009). B) The Equal Pay Act (1963): This law is an amendment to the FLSA and restricts any kind of discrimination based on sex for men and women working at similar jobs and in the same workplace. This law does not restrict on the seniority...
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...offered. A great asset for having a human resource department is employees and customers often are more satisfied with the company. It is important for the operation of HR to run smoothly this entitles maximum productivity, and develops a reputation of quality in the business world. ArticleBase. (2010 There are strategies that take place in effective human resource operations. It is important in the strategy planning to keep ethics, rules and regulations and laws, and economy. As business changes the strategic planning needs to be carefully analyzed to make any adjustments that would be necessary. Human resources need to be informed of new technologies, and global markets. Market competition has become dog eat dog in the business world of today. The only way to survive and prosper is to adjust to this competition as fast as possible. (Need to Transform, 2007) Globalization and technology Technology is the passport to the global business world through the use of the Internet in different medias, it makes communication possible to present a product or service encompassing the whole planet. It is the human resources responsibility to provide the necessary employees that are qualified to perform the task that are necessary if they are assigned to a satellite operation located outside of the United States. The HR department needs to work closely...
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...Legal, Safety, and Regulatory Requirements Human Resource (HR) managers have a daunting responsibility in the workplace He or she must maintain a balance between a company’s agenda and employee rights, which is not always easy. It is essential that an HR manager is aware of the numerous laws and regulations in place, such as employment laws regulated by the Equal Employment Opportunity Commission (EEOC) which include discrimination of any kind, as well as safety regulations, privacy issues, and overall fair treatment of all workers. It would be nice to say that common sense and compassion rule the day in the health care industry, but it has been the author’s experience that is not always the case. For instance, the use of personal protective equipment (PPE) is essential in some circumstances, but invariably there will be someone who will have to be told to use PPE, such as goggles or gloves, in a dangerous situation. Common sense would dictate an automatic response toward protection, however certain individuals need guidance. Compassion in the workplace seems to be reserved for the consumer and not the worker, otherwise there would be no such thing as harassment laws. Common Sense and Compassion have been replaced by Litigation There may have been a time when this statement was not true, but unfortunately that time has passed. When a look is taken at all the regulatory boards and government agencies, involved in employee issues, it is clearly a “sign of the times” we live...
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...Employment Law: HR Policy As the new Vice President of Human Resources (HR) for A Wonderful Place to Work, it has come to my attention that employees feel the organization does not care for them. Upon further analysis of the HR department, I have learned that there are currently no policies or procedures in place on numerous areas such as: how performance is measured, how employees are held accountable, recruiting, hiring, and terminating; nor is there any tracking on labor cost, raises or salaries, absentees, tardiness, or diversity within the organization. The President of the firm expects the HR department to turn the firm into a strategic weapon through its employees. This paper will outline how the organization can be turned around and have a competitive advantage over the competition through engaging employees. It will further outline how to measure employee value, to include utilizing employee value to become more competitive. Understanding employment laws and regulations is crucial when developing organizational policies, careful attention must be given to ensure policies do not violate laws such as: The Civil Rights Act (1964), American with Disability Act (1990), and that all employees are treated fairly. Furthermore, this paper will address the issues and challenges the HR department will face to ensure a the HR department is working strategically, how to develop a strategic management process and the steps and processes needed to strategically manage a diverse...
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