paper rewriting -- 24 hrs -- week 5 HRM

re.bertyh.elpsfuben.t

HRM546Week5FMLALaborLawsandOSHA.pptx

Home >Human Resource Management homework help >paper rewriting -- 24 hrs -- week 5 HRM

FMLA, Labor Laws & OSHA

You are a first-year Human Resource Specialist at "State of Estates" estate planning firm. Norman is the mid-level manager responsible for the southern regional office. The following events have recently occurred in Norman's office:

Ken, an estate planner in Norman's office, recently adopted a baby with his wife. He applied for 12-week family leave, but was denied by Norman because his wife did not physically give birth. The corporate human resource department (where you work) was not given notice of this decision.

June, part of the full-time housekeeping staff, has been asking other employees if they would like to join a union. There are currently no unions within the organization.

Maria is concerned about ladders that are placed around the office for remodeling. Norman said not to worry, and that there are no official policies for safety in an office setting.

Prepare a 3- to 5-minute video or 15- to 20-slide Microsoft® PowerPoint® presentation with speaker notes responding to Norman from a Human Resource standpoint. The video or presentation should address the following topics:

An overview of the FMLA and its key provisions relating to Ken.

Recommended resolution for Ken's situation (both for Ken as an employee and as a company handling these requests moving forward).

An overview of key labor laws to briefly educate Norman on employee rights in unionizing.

A brief discussion of OSHA and possible application to Norman's office setting.

Introduction

Overview and justification of FMLS,Labor Laws & OSHA how they apply to the 3 situations:

Family Medical Leave Act (FMLA) provisions

Requested FMLA for a child he adopted

Labor Laws

Asking to see if employees are interested in joining the union and Rights of the Employee

Occupational Safety and Health Act of 1970 (OSHA)

Addresses employees safety concerns

This presentation will discuss these scenarios from the standpoint of the Human Resources Department for State of Estates. Norman is the mid-level manager responsible for the decisions that are made at the Southern regional office.

for safety in an office setting.

Introduction

Family and Medical Leave Act (FMLA)

Request for FMLA for adopted child

Labor Laws

Forming unions

Employees rights

Occupational Safety and Health Act (OSHA)

Safety policies

Employer’s liability

As employee issues arise, it is critical for State of Estates to provide accurate information to its employees to ensure the company is in compliance with all state and federal laws and to educate employees on their rights. In this presentation, three cases have been brought to Human Resource’s attention and involve further review. Family and Medical Leave Act is the act that enables employees who qualify the ability to take unpaid leave to deal with family and medical issues, the discussion will revolve around whether or not, Ken is entitled to FMLA for the adoption of is child. In addition, unions are often a double edged sword for employers and there are rules that surround what an employer’s role can be when employees look into the possibility of forming a union. As June is discussing this possibility with employees, it is vital for State of Estate’s to have clarification on these rules. Furthermore, workplace safety is everyone’s responsibility regardless of the setting. Occupational Safety and Heath laws are critical for everyone to follow as well as safety procedures put into place.

Family and Medical Leave Act

Provides up to 12 weeks of unpaid, job protected leave per year

Leave can be used consecutively or intermittently

Requires group health benefits be maintained

Helps employees balance work and family responsibilities

Allows reasonable unpaid leave for certain family and medical reasons

Promotes equal employment opportunity for men and women

The Family and Medical Leave Act (FMLA) was signed into law by President Clinton in 1993 by executive order (US DOL, 2015). This act provides employees who qualify up to 12 weeks of un-protected leave per year for a qualifying circumstance. This leave can be used consecutively or intermittently based on the qualifying condition and was designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid time for qualifying family and medical issues (US DOL, 2015). During this time, it is required for the employer to maintain their health benefits. The goal of this act to promote equal opportunity for men and women to be able to take time off for qualifying events.

Key Provisions Under FMLA

Birth and care of a newborn of an employee

Placement with and employee for the adoption of a child or foster care

Care for immediate family member (spouse, child, or parent) with serious health condition

Employee unable to work due to serious illness/injury

Military Care Giver/ Mitigating Circumstances

Fitness for Duty Certification

Employee can use Intermittent Leave

FMLA is not the remedy for every situation when it comes to situation that arises with a family and it will be necessary to use vacation or sick leave to take care of the issue.

There are many key provisions under FMLA, their have been updates to this act to be fair to the employee. The Military Care Giver Leave affords employees the opportunity to take off with family member that was injured in the lien of duty to use over a 12 month window a total of 26 weeks. Qualifying Need Leave allows 12 weeks for leave to take care of spouse, child or parent who is the National Guard or Reserves. Employer Notice Requirements have changed. Employers are now required to post FMLA notices on the company premises. Also, “new regulations require that where an employer's workforce is comprised of a significant portion of workers who are not literate in English, the employer must provide the general FMLA notice in a language in which the employees are literate” (Summary of Key Provisions of the Revised FMLA Regulations That Take Effect January 16, 2008). New Medical Certification Requirements allow employee representatives to provide information on behalf of the employee. Fitness for Duty certifications have also been revised to specifically address the employee’s ability to complete all job functions. Employees who have scheduled medical procedures and or treatments are covers under the Intermittent Leave provision. Employees who cannot perform to their full capability are not eligible for FMLA leave.

Ken’s FMLA Provisions and Resolution

Issue:

Ken and his wife adopted a child

Ken applied for FMLA for 12 weeks but the request was denied

Corporate HR unaware of the decision

Resolution:

State of Estates has to grant the Family and Medical Leave Act (FMLA)

There are eligibility requirements of one year of placement

Ken needs to be notified that he is eligible to take FMLA

Ken is employed as estate planner with State of Estates. Recently, he and his wife adopted a child. Ken has applied for FMLA which covers a 12 week leave, his claim was declined due to the fact that hey child was wife did not actually have the child. FMLA laws covers the placement wit the employee of an adopted child or foster care as long as it is one year with placement. The objective of FMLA is to support equal opportunity for men and women to take leave for qualifying events that happen with that individuals family. The Family and Medical Leave Act (FMLA) was signed into law by President Clinton in 1993 by executive order (US DOL, 2015). This act provides employees who qualify up to 12 weeks of un-protected leave per year for a qualifying circumstance. This leave can be used consecutively or intermittently based on the qualifying condition and was designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid time for qualifying family and medical issues (US DOL, 2015). While the employee is out on FMLA the employer will have to keep Ken’s health benefits paid.

Labor Laws - Employee Rights

Dependent upon the state you reside the Labor laws differ

Department of Labor enforces and administers laws

Oversee the protection of workplace rights

Accountable for the enforcement and legislation of laws

Types of Labor Laws

Workers Compensation

Fair Labor Standards Act

Family Medical Leave Act

Workplace Safety and Health

The Department of Labor enforces many workplace laws including the FMLA, Worker’s Compensation, Fair Labor Act, Workplace Safety and Health, etc. Under the Fair Labor Standards Act, employees are entitled to receive fair pay; inclusive of receiving minimum wage and any overtime that has been worked. Additionally, it established the age in which you can start work . FMLA is for the employee to take leave from work to care for their family. Worker’s Compensation provides monetary benefits for those who are hurt on the job. Every employer must have the posters up that show the laws and rights of employees in an area visible to everyone, normally its posted in the break room area. Everyone should know what the laws are and how they can use them to protect them if they feel their rights have been violated.

Labor Laws - Unions

Employers cannot intervene with the organization or participation in protected concerted activities

Employees have the right to establish a union on the job

Voluntary decision by employee to join a union

Employers cannot refuse to engage in good faith collective bargaining

Unions offer the right to be fairly represented

According to the National Labor Relations Act of 1935, employees shall have the right to self-organization to form, join, or assist labor organizations to bargain collectively through representatives of their own choosing. Furthermore, employees are able to engage in other concerted activities for the purpose of collective bargaining or to provide aid or protection of mutual employees, as well as have the right to not engage in any or all activities (Bennett-Alexander & Hartman, 2015). Forming on unions should be done on a voluntary basis and no one should feel threatened or forced to engage in joining a union if they do not want to. Unions are forged to ensure that the employees rights are being protected and should a situation arise they are to provide fair representation.

Even though employers may not condone the establishment of a union, they are prohibited interfere with their employee’s right to organize, join, and assist in the organization of or the engagement in any type of protected concerted activities to protect workers. Employers are also prohibited from dominating or providing any illegal assistant to support to a labor union, as well as establishing their own to dominate or interfere with any labor organization. All employees have the right to join a union if they choose, making discriminating against employees to encourage or discourage membership in a labor union or replacing workers who decide to strike illegal (SHRM, 2012).

Labor Unions Unfair Practices

The NLRA prohibits unions from:

Restraining or coercing employees in the free exercise of their right to not support a union

Retraining or coercing an employer in its choice of a bargaining representative

Causing or attempting to cause and employer to discriminate against an employee

Refusing to engage in good faith collective bargaining

Engaging in strikes, boycotts, or other coercive action for illegal purposes, or without giving required notification

Making a hot cargo agreement

Charging extreme, unnecessary or biased fees

Employers are not the only ones with limitations in what they are allowed and not allowed to do. The NLRA prohibits unions from retraining or coercing employees in the free exercise of their right to not support a union, they are not allowed to force anyone into joining, nor are they allowed to coerce an employer in its choice of who to elect as their bargaining representative. Discrimination in any form is against the law and unions are not allowed to discriminate against an employee for the purpose of encouraging or discouraging someone to join a union. Just as it is important for an employer to go into collective bargaining with an open mind and good faith, a union is as well and required to listen to the employer’s proposals and bring them back to the collective to vote on. Striking is a sensitive topic for both employees and employers. When making the decision to strike, the reasoning must be for legal purposes and provide the employer with requirement notice to the institution and the Federal Mediation and Conciliation Service (Guerin, J.D., 2017). Neither a union or an employer is allowed to make a hot cargo agreement, or charge an exorbitant amount or discriminatory fees.

Labor Laws June

Issue

Employee June in inquiring about unions

None are currently offered within the organization

Provision

National Labor Relations Act of 1935 - employees shall have the right to self-organization to form, join, or assist labor organizations to bargain collectively through representatives of their own choosing.

Resolution

There is nothing illegal about making inquiring about unions

Employees have the right to start or join unions

June is employed with State of Estates as a full-time housekeeping employee. Presently, they have no established union and June is enquiring co-workers about joining one. State of Estates is not responsible for establishing a union but the employs do have the right to join a union. Legally, the company cannot retaliate against June for asking questions about starting a union. Employees use join unions to protect their rights, pay and seniority. The Labor Management Reporting and Disclosure Act enforces laws and observes the relationship between unions and its affiliates. The organizations cannot intimidate or bully employees looking to join the union by threatening to terminate benefits or institute lay-offs.

Employers are forbidden from retaliation against any employee who files a charge with or gives testimony to the National Labor Relations Board against their employer. Collective bargaining is the negotiation and agreements made between management and workers regarding wages, hours and other terms and conditions of employment (Bennett-Alexander & Hartman, 2015). Employers are prohibited from refusing to engage in good faith collective bargaining as well as making a hot cargo agreement; which is an arrangement made between an employer and union in which the employer promises to stop doing business within another employer which is typically the one whom the labor union has a dispute with (Guerin, J.D., 2017).

Workplace Remedies to Avoid Unionizing

Communicate with employees on company’s position on unions

Openly state desire to remain union free along with reasoning

Have fair and consistent policies and practices

Open door management policies

Offer competitive pay and benefits

Employee trust and recognition

The best defense against the formation of unions is to maintain an open dialogue with employees. A workplace that fosters good relationships between management and employees while addressing any concerns employees have are more likely to not force employees to unionize. The majority of employees join unions because they are dissatisfied with how the company and management treat them. If the employer has fair and consistent policies and practices that are shared with employees, it helps to regain employee’s trust in them. Listening to employee’s concerns goes a long way, open door management policies that are maintained not only with management but with the human resources department will set employee’s minds at ease and want to bring forth ideas and concerns. Ultimately, employees want to earn a wage that allows them to be fairly and competitively compensated for the work they are doing. When an employer pays a meaningful wage and recognizes their employee’s, it build loyalty and empowers employees to be more productive. When employees are happy within their work, there is not a need for outside assistance.

Occupational Safety & Health Act

Guarantees safe and healthful working conditions

Setting and enforcing standards

Provides training, outreach, education and assistance to employers

Postings must be displayed in common area

Applies to private sector employers and workers l

The Occupational Safety and Health Act of 1970 covers all employers and their employees in the 50 states, District of Columbia, Puerto Rico, and other US territories. Coverage is provided either directly by the federal Occupational Safety and Health Administration (OSHA) or by an OSHA approved state job safety and health plan.

The OSHA of 1970 assures safe and healthful working conditions for working men and women by authorizing the enforcement of standards developed under the Act. It assists and encourages the states to provide safe and healthy working conditions for all employees by providing research, information, education and training in the field of occupational safety and health and for other purposes (U.S. DOL, 2004).

The Occupational Safety and Health Administration (OSHA) is overseen by the Department of Labor. All businesses must comply regardless of the size. Although this is regulated by the DOL, and is a federal law, there are some states that have their own individual laws which take precedence. There are some rules that businesses must follow to be in compliance. “Your business must have an OSHA-compliant poster displayed in a prominent place to Inform workers of their rights under OSHA” (Murray, 2016). Also, if hazardous materials are being used there must be full disclosure and training on how to use those substances and treat any injuries. There are data sheets available that employees can refer to if they have any concerns or need clarification in regards to the materials being used. First aid procedures should also be in place to protect against exposure to blood. The most important thing with OSHA is to ensure that all employees are properly trained. “If you have 10 or fewer employees, you may communicate your plan orally. If you have more than 10 employees, however, your plan must be written, kept in the workplace, and available for employee review” (Murray, 2016). Inspections are random and will be conducted to ensure your business in compliance.

Occupational Health and Safety Act Maria

Issue

Maria is concerned about workplace safety

Equipment such as ladders out of place

Safety measures not being used during Remodel

Poses a dangerous to employees

Provision

Occupational Safety & Health Laws

Must be in place to cover company in case of accident

Must be in place to protect the employee in case of accident

Resolution

Use proper signage and close off the area

Inform employees that work a remodel is being done

Make sure all ladders and tools are properly put away

Maria was concerned for the safety of her and her coworkers due to that fact that an area of their office was under construction and pieces of equipment were not secured. This can be very dangerous to employees working in the space. They were also concerns that they had been unprotected against the elements of the remodeling and there is potential for accidents. Telling an employee not to worry because laws are in place does not make the situation any better. Equipment should not be left out of place regardless of remodeling. It is a eye sore and a danger to employees who can be clumsy. The area in question should be sectioned off and those employees working in the immediate area should be relocated until the remodeling efforts are complete. You as the manager need to assure the employees that there is no danger and do whatever you can t make them comfortable. If something happens, the company becomes liable and it opens the door for lawsuit. The OSHA law should be posted in or around the area of construction to show employees that yes, a law does exist. But more time and consideration should be taken to ensure safety, including training sessions to help the employees understand what it being done and what they are being exposed to an how to treat any incidents.

Worker Rights

Entitled to a safe workplace provided by the employer

Free of known health and safety hazards

Right to speak up without fear or retaliation

Be trained in a language you understand

Work on machines that are safe

Be provided with safety gear

Protected from toxic chemicals

Request OSHA inspection

Report an injury or illness

See copies of injury log

Review work-related injuries

Get copies of test results

Under federal law, all employees are entitled to a safe workplace and the employer is required to provide it. They are also required to maintain a workplace free of known health and safety hazards. Every employee has the right to voice their concerns without the fear of retaliation for doing so. In addition, all employees have the right to be trained on safety in a language the employee understands and work on machines that are safe with appropriate safety gear such as gloves, safety goggles or gear that protects them from toxic chemicals. All employees also have the right to request an OSHA inspection and to be able to speak with the inspector. They also have the right to report an injury or illness and receive copies of any medical records, as well as see copies of the workplace injury and illness log that is posted within the organization. Furthermore, employees are also able to request copies of text results completed for find hazards within the workplace. Employers who are compliant with these rules will have a process already established for providing this information to employees (U.S. DOL, 2004).

Recommendation

Set organizational standard to be followed by each office

Implement a safety committee with chairperson

Locally

Regionally

Organizationally

Create safety and emergency action plans

Display emergency information posters

As State of Estates has offices within several locations, it would behoove the organization as a whole to set organizational standards that are required to be followed by each office. Having a clearly defined safety policy will eliminate any concerns that may arise within the different office locations of State of Estates. While each state has its own policy on whether or not a safety committee is required, it is the recommendation that State of Estates implement a safety committee responsible for each local office, as well as regionally and organizationally. Having a designated chairperson that is responsible for ensuring the safety and emergency plans are implemented and emergency information posters are openly displayed will demonstrate State of Estates commitment to providing a safe and healthful working environment to all of its employees.

Conclusion

Ensure the employees have proper training on FMLA and OSHA laws

Ensure State of Estates is in compliance with all State and Federal laws

Approval of FMLA request

Establish defined policies

Enforcing proper safety standards

Establish a Safety meetings

In order for State of Estates to remain a viable contender in the marketplace it is imperative that they stay in compliance with all federal and state laws. States of Estates need to make sure they employ people that are very knowledgeable on the subject of human resource law. One mistake by your HR department handling an situations can cost the company its reputation and millions of dollars in litigation and legal fees. Ken meets the necessary criteria to apply and receive FMLA and he is eligible for 12 months or 1250 hours and the employer is obligated to keep his medical paid while he is out on unpaid leave. Another employee June is well within her rights to see any of her co-workers were interested in starting a union. Furthermore, if there are enough other employees that share her thoughts on forming a union they should be allowed to do so; without any backlash from the company. All employees are entitle to work in a safe and harassment free environment. Finally, Maria has concerns about her safety during a remodel in the office, she was correct to make her supervisor aware of her concerns. Proper safety procedures and techniques should be used to prevent unnecessary harm to others. Signs should be posted and the area should be closed off to prevent the employees from entering the work zone. The organizations should have safety meetings on a monthly basis to address any concerns and to let the employees know when construction or any type of work that poses a threat will be done.

References

Murray, J. (2016, November 19). What is OSHA? What Employers Need to Know.

Retrieved November 08, 2017, from Thebalance.com: https://www.thebalance.com/what-is-osha-what-do-employers-need-to-know-about-it-398385

Summary of Key Provisions of the Revised FMLA Regulations That Take Effect January 16. (2008, December 22).

Retrieved November 7, 2017, from Lorman.com: http://www.lorman.com/resources/summary-of-key-provisions-of-the-revised-fmla-regulations-that-take-effect-january-16-15145

What is FMLA? FAQ on Federal Leave Law. (n.d.).

Retrieved November 6, 2017, from Employment.findlaw.com: http://employment.findlaw.com/family-medical-leave/what-is-fmla-faq-on-federal-leave-law.html

Bennett-Alexander, D., & Hartman, L. (2015). Employment Law for Business 8th Ed. New York, NY: McGraw-Hill Education.

Guerin, J.D., L. (2017). Unfair Labor Practices. Retrieved from Nolo.com: http://www.nolo.com/legal-encyclopedia/unfair-labor-practices.html

SHRM. (2012, May 11). How can we prevent a union from organizing in our company? Retrieved from SHRM.org: https://www.shrm.org/resourcesandtools/tools-and-samples/hr-qa/pages/preventunionorganization.aspx

U.S. DOL. (2004, January 1). OSH Act of 1970. Retrieved from OSHA.gov: https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=oshact&p_id=2743

U.S. DOL. (2015, February). Wage and Hour Division (WHD). Retrieved from United States Department of Labor: https://www.dol.gov/whd/fmla/spouse/factsheet.htm