Premium Essay

Hr Laws

In: Business and Management

Submitted By xtine2012
Words 440
Pages 2
Laws Related to the Benefits and Pay Program For a small business like Landslide Limousines, there will still be laws to keep in mind so incorporating them is important when it comes to the benefits package and pay programs. As the owner, one will need to be aware of the laws to avoid fines, attorney or court costs, and any unnecessary violations. Some laws to relate to the benefits and pay programs would be The Equal Pay Act of 1963, The Family and Medical Leave Act of 1970, and the Employee Retirement Income Security Act of 1974. The Equal Pay Act of 1963 applies to men and women doing similar work in terms of skill, effort, responsibility, and working conditions (Managing Human Resources, 9th Edition). The law covers all forms of pay including salary, overtime pay, bonuses, stock options, profit sharing, and bonus plans. Also includes vacation and holiday pay, life insurance, gas allowances, and reimbursement for travel expenses and benefits. Unequal compensation can be justified if the employers show that the pay differential is attributable to a fair seniority or merit. Also, it includes incentive system, or a factor other than sex ("A Guide to Women's Equal Pay Rights", 2012). There are exemptions for seniority systems and merit pay systems, and if an employee feels you have violated this law, they can file a charge and it may have to require federal court actions.
The Family Medical Leave Act of 1970 provides those eligible employees to take unpaid job-protected leave with continuation of group health insurance coverage for certain reasons only. The employee will be able to use up to 12 weeks within a 12-month period depending on the reason mostly medical related. The employees that qualify can use this benefit for reasons like:
• The birth of a newborn child
• To care for newly placed adopted/foster child within a year...

Similar Documents

Premium Essay

Hr Laws & Regulations

...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......

Words: 1142 - Pages: 5

Premium Essay

Hr Laws and Regulations

...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......

Words: 1142 - Pages: 5

Premium Essay

Hr Law

...1. What do you think are some of the factors in the modern workplace that contribute to a theft of time? How can those factors be managed? (You may leave the questions in your document). Make sure you cite in the body of your answers to each question. One of the biggest factors in the modern work place that contributes to time theft is ignorance. Many employees take a little extra time on breaks or talking about non work related topics while on the clock, and they don’t even realize that they are stealing from their employer. Other factors include cell phones which put texting, web surfing and video games at the fingertips of bored employees, and the need for internet and computers in the workplace. Educating employees on the company policy for breaks, lunches, personal calls, and office chit chat. Employers can also encourage the use of breaks for web browsing, since it is an effective refresh button for employees and reduces errors (Silverman, 2011). Having supervisors and higher management working in the same offices or nearby also reduces accidental time theft and down time. 2. What does the word Whistleblower mean (legally speaking)? Give an example of whistleblowing. A whistleblower is an employee who notifies management “about a co-worker’s unlawful activities or to the appropriate federal and state agencies about the employer’s illegal activities”(Moran, 2014, p.101). For example, an employee witnesses a coworker copying the plans for future company projects....

Words: 1209 - Pages: 5

Free Essay

Singhania and Partner

...Case study:Singhania and partner Introduction:Singhania & Partners is a full-service national law firm, a successful international corporate and commercial litigation, arbitration and intellectual property law practice. In my opinion, Singhania & partners should be to strengthen the trust of employees, because it is an essential prerequisite for all real commercial success. The Discussion on Mohothra and Singhania Law Co. HR Practices Human resources practices mean the methods that are adopted to conduct various employment actions (Mayhew, 2012). As one of the largest law firms in India, Mohothra and Singhania Law Co., has unique features in its HR practices. Besides the regular HR work, the HR practices of Mohothra and Singhania Law Co. has three features in its HR practices: open door policy, all merits based career growth and stress free environment. Firstly, the company conducts open door policy. There is open house every two weeks on which small presentations on different topics are organized, offer opportunities for employees training. The lawyers at all levels are encouraged to make the presentation. Combined with bi-weekly open house and weekly senior management meeting, the company is open to hear different opinions and suggestions. What’s more, with the open door policy of the company, any employee is accessible to senior management for discussions. Secondly, the career growth of the employees is all merits based. The company does not rely on annual......

Words: 1118 - Pages: 5

Free Essay

Regulatory Management Paper

...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...

Words: 1149 - Pages: 5

Premium Essay

Essay

...Staffing Because managers need employees to carry out their initiatives, they depend on HR personnel to assist with proper staffing. HR experts offer technical assistance, such as writing job descriptions, classifying workers into proper departments and assigning a fair rate of pay. Managers can often count on HR specialists to screen applicant pools and only recommend qualified candidates for interviews. Without HR support, managers would have to perform all staffing activities and manage their employees' performance for reaching goals. Employee Development Organizations use different processes to ensure workers have enough opportunities to develop in their jobs. For example, employees are a source of future leaders. If employees are viewed as human capital, then the HR function must provide them with adequate opportunities for learning, including ongoing training and managers who guide their development. These ensures that workers are placed on a path to making a bigger contribution to the organization. Performance Management HR information systems offer data that management and HR experts can use to make decisions about employees. For example, management can review the latest results of an employee survey and decide what changes to implement in the workplace in response to employee concerns. Without such a decision-science approach to the working conditions for employees, management will miss an important chance to improve how talent is managed. Happy workers help...

Words: 640 - Pages: 3

Premium Essay

Hrm Week 1

...of Phoenix Material Appendix A: Human Resource Risk Using the Internet, research several different HR risk management seminars. Cite at least five different seminars (these may be presented by the same company). Identify the HR risk(s) the seminar features. Create at least three questions per risk factor you would like the seminar to answer. |Seminar Title |Risk Factor(s) |Question 1 |Question 2 |Question 3 | | |FMLA abuse, termination, charges of |What defines “serious health |What are the most up-to-date changes |May an employee get disciplinary | |How to Prevent FMLA Abuse |retaliation |condition” |regarding FMLA? |action taken against them while on | | | | | |leave? | |Records Retention & Destruction for |Grey area documents, destruction of |How can HR reduce HIPPA documents? |What is the length of time types of |Is there technology software that can | |Human Resources |needed records by law, paperless | |documents must be kept? ......

Words: 457 - Pages: 2

Premium Essay

Equal Employment Opportunity and Employee Rights Review

...employment decisions but it also ended unequal application of voter registration requirements. When the Civil Rights Act of 1964 was put in place it ended segregation in schools as well. If this law would not be in place equality in the workplace would not have been possible and many would not be in the place they are in their careers now. The United States Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information (EEOC, 2015). EEOC also makes it illegal for anyone to discriminate against a person who has filed a discrimination complaint or someone that was involved in a discrimination investigation or law suit. With the law in place it gives the EEOC the right to investigate charges discrimination against employers that are covered by the EEOC law. When a person exposes any information or activity that is considered illegal, dishonest, or incorrect within an organization that is public or private this is considered whistle blowing. The information of alleged wrongdoing can be classified in many ways: violation of company policy, rules, law, regulation, or threat to public interest, national security, as well as fraud, and corruption. Influential Court Cases – Civil Rights Act 1964 In the case of...

Words: 2071 - Pages: 9

Premium Essay

Human Resources

...HUMAN RESOURCES | | Human resource is a relatively modern management term, coined as early as the 1960’s. | HR is a term used to describe the individuals who make up the workforce of and organization. Human resource function is to implement an organization’s human resource requirements effectively, taking into account federal, state and local labor laws and regulations; ethical business practices; and net cost, in a manner that maximizes, as far as possible, employee motivation, commitment and productivity. | | | 5/11/2011 | | Brief Summary This paper suggests the reasons for the emphasis upon the adding value aspect of the Human Resource department. HR is just one of several departments within a company. HR purpose and role is to achieve skilled qualified individuals and also to ensure future business plans and requirements to maximize company’s success. The processes of finding, developing, and keeping the right people to a qualified work force, are just a few of the purposes and roles of Human Resources. Recruitment and Selection Finding the best candidates for the job is a process of developing a pool of qualified job applicants. Recruitment and employee selection form a major part of an organization’s overall resourcing strategies, which identify and secure people needed for the organization to survive and succeed in the short-to medium-term. Recruitment activities need to be responsive to the increasingly competitive market to......

Words: 1341 - Pages: 6

Premium Essay

How Effectively Can the Judiciary Check Legislative and Executive Power in the Uk?

...effectively can the judiciary check legislative and executive power in the UK? (40) Since the passage of the Human Rights Act in 1998 (HR Act) the judiciary in England and Wales have had wider scope for checking legislative and executive power. However, despite the increases in effectiveness of this function, there are still fundamental limitations that make the check on especially legislative power ineffective. First of all, the HR Act has given considerably more ability to the judges to check both legislative and executive power in Britain. This is because the HR Act requires that every bill ministers propose to be compatible with the Act. In the case of a breach, citizens or affected bodies can appeal to the judiciary that their rights under the Act have been breached. If the judiciary rule in their favour, the government is usually forced to amend the law to make it compatible with the HR Act. In this way, by notifying the government of a breach of the HR Act, the judiciary can prevent government and Parliament being too powerful. An example of this was in the case of A v Secretary of State for the Home Department (2004), where the detention without trial of 9 foreign nationals in Belmarsh prison under the 2001 Anti-Terrorism Crime and Security Act was ruled as in breach of Articles 5 and 14 of the HR Act. The government were forced to change the law and release the suspects demonstrating the definite check on power provided. Secondly, the process of judicial review......

Words: 1089 - Pages: 5

Premium Essay

Legal, Safety, and Regulatory Requirement

...And Regulatory Requirement In the United States, human resources managers must follow state and federal laws related to employment, labor relations and wages. Human resources managers must have a strong understanding of the Fair Labor Standards Act, Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act, Americans with Disabilities Act and applicable state laws. What is Title Vll? Title VII, the federal law that prohibits most workplace harassment and discrimination, covers all private employers, state and local governments, and educational institutions with 15 or more employees. In addition to prohibiting discrimination against workers because of race, color, national origin, religion, and sex, those protections have been extended to include barring against discrimination on the basis of pregnancy, sex stereotyping, and sexual harassment of employees. Currently, Title VII doesn’t include discrimination on the basis of sexual orientation. However federal legislation adding sexual orientation as a protected class against discrimination (the Employment Non-Discrimination Act (ENDA)), has been proposed in recent years. Many states have employment discrimination and harassment laws as well and may include even more protected classes – such as marital status and sexual orientation – than Title VII covers. Human resource process requires that HR managers hire employees, provide compensation and Benefits to employees, engage in performance......

Words: 780 - Pages: 4

Free Essay

Cipd Fact Sheet -Retention of Hr Records

...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......

Words: 2032 - Pages: 9

Premium Essay

Healthcare 341 Week 3

...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......

Words: 897 - Pages: 4

Premium Essay

Legal, Safety, and Regulaory Requirements

...Legal, Safety, and Regulatory Requirements HCS 341 September 26, 2011 Legal, Safety, and Regulatory Requirements Human resources administrators want to improve the work environment to enhance employee performance. Regulatory practices to improve the work environment are base on works of scholars who spearheaded the scientific movement. Human resources law has taken center stage in dealing with workplace violations and excessive abuses. There are many challenges to effective performance measurement in how a human resources manager can ensure accurate measurement of a worker performance. Managers are confronted with five challenges, (1) Rater errors and bias, (2) The influence of liking, (3) Organizational politics, (4) Whether to focus on the individual or the group, (5) Legal issues (Go’mez-Mejia, Balkin, and Cardy, 2010). A rater error is an error in performance appraisal that reflects consistent biases on the part of the rater. One of the most prominent rater errors is halo error, the tendency to rate similarly across dimensions (Go’mez-Mejia, Balkin, and Cardy, 2010). If an individual does well in one aspect, this can trigger favorable reports on other aspects. The Influence of liking can cause errors in performance appraisals when raters allow their like or dislike of an individual to influence their assessment of that person’s performance (Go’mez-Mejia, Balkin, and Cardy, 2010). A manager can correlate the performer’s ratings...

Words: 899 - Pages: 4

Premium Essay

Legal, Safety and Regulatory Requirements

...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,......

Words: 808 - Pages: 4