Employee Development

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PSY836Week2AsisgnmentPart2-Legalities.docx

Running Head: PART 2 LEGAL ISSUES

Creating New Position and Legalities

Roxanne Joseph

PSY 836 – Principles of Personnel and Human Resources Management

Grand Canyon University

May 22, 2019

Part 2: Legalities

Legalities surrounding this newly created position are vital elements for the company just as much as the compensation plan. The legal aspects of Program analyst are not different from some o the legal considerations surrounding other job positions of the company. The company like most organization s in the state abides by the Equal Employment Opportunity (EEO)/Anti-Discrimination Policies that the federal and state laws stipulate towards contracting and poster requirement for the company (Wilson, 2018). The job description creates room for equal opportunity for employees. Candidates with 9nterest on this newly created position will be selected based on their qualification both educational and skills level and through evaluating the candidates work experience. Although the company considers the least advantaged members in the society, especially those disadvantaged, this will be no guarantee of physical requirement and accommodation for any candidate with physical disabilities.

The company will employ a prior-employment drug test and maintain an occasional unsystematic drug test routine over the period of the incumbent's employment to ascertain safety and health o the employees at the workplace and keep the company a drug/ substance abuse free zone. There exists no empirical evidence to affirm the impact of drug testing on productivity or safety at workplace (Corner, Cavanaugh, & Prasad, 1994). However, there are common reasons that push employers to want to ascertain the facts and abide by the Mandatory Guidelines for Federal Workplace Drug Testing (SAMHSA’s guidelines) that uses a Medical Review Officer to assess the tests (Smith, 2019). The government, with the increasing rate of substance abuse, has maintained a legal concern on matters about federal drug laws for every employee.

The incumbent will grant permission and authorization for the release of any criminal records he or she might have been accused or convicted of and forfeitures if any, as well as any pending criminal cases before the court, to the company. The selected candidate will undergo a criminal background check before taking on his position with the company. In the exception for various restrictions and regulations, about employee's genetic and medical information, It cannot be illegal for an employer to question the candidate’s historical background or request for a tidy background check (EEOC, 2019). All new position candidates will undertake the procedure irrespective of race, gender, color, nationality, religion, genetic information, age, or disability. The laws, regulations, and stipulations originate from the Equal Employment Opportunity Commission (EEOC).

Legalities on compensation

The legal environment of the United States of America has a significant influence on the compensation administration practices in terms of both federal and state legislation that regulate the amounts allocated to the various organization created positions. In essence, the court and statute rules stipulate that the compensation plan must not go too low or high but stick within different limits of compensational rulings held by law. In the process of setting out the compensation plan for the program analyst, interest of fairness should be kept abreast and various groups protected but all must be paid any wage when due (Belcher & Atchison, 2013). According to the US Labor Law - US Fair Labor Standards Act (FLSA) – four provisions are stated; the minimum wages that stand at $7.25 per hour, overtime pay, recordkeeping requirements, and equal pay (Belcher & Atchison, 2013). The qualification for this position requires a graduate with a degree in social science, public administration, or any other close field to the one required, a minimum of five working experience in any social services, general office, or research background. Also required is a minimum of four years of experience in applying tools of business intelligence (BI), advanced report-writing, statistical analysis skills, workflow analysis. The annual salary of this position is around $75,000 - $135,000 based on experience, but the final salary also relies on candidates verified qualifications.

References

Belcher, D. W., & Atchison, T. J., (2013). Compensation administration. Upper Saddle River, NJ: Prentice Hall.

Corner, D. R., Cavanaugh, J. M., & Prasad, P. (1994). Drug testing as symbolic managerial

doi: http://dx.doi.org/10.1037/1076-8998.5.2.246.

EEOC. (2019). Employment Discrimination, Diversity, Harassment, Gender, and Labor Issues. Retrieved from http://www.eeoc.com/

Frone MR. (2000) Interpersonal conflict at work and psychological outcomes: testing a

model among young workers. Journal of Occupational Health Psychology 5: 246.

Sale, J., & Jones, S. (2018). Motivation and finding the employee voice. Mapping Motivation for Engagement, 65-81. doi:10.4324/9781351257084-6

Smith, J. C., (2019). Workplace Drug Testing. Retrieved from http://www.datia.org/datia-resources/27-credentialing/cpc-and-cpct/931-workplace-drug-testing.html

2

Running Head:

PART 2

LEGAL ISSUES

1

Creating New Position and Legalities

Roxanne Joseph

PSY 836

Principles of Personnel and Human Resources Management

Grand Canyon University

May 22, 2019

Running Head: PART 2 LEGAL ISSUES

1

Creating New Position and Legalities

Roxanne Joseph

PSY 836 – Principles of Personnel and Human Resources Management

Grand Canyon University

May 22, 2019