Assignment Paper 3
TST252
assignment__paper_3.docxAssignment 3: Pay, Benefits, and Terms and Conditions of Employment
Please read the following information carefully and proceed with the assignment. I have attached my Assignment 2 Paper to follow in doing this PowerPoint Assignment.
It is your responsibility as the HR Director of the same organization from Assignment 2 to a) create policies regarding pay and benefits for the selected job opportunity, and b) develop methods for both addressing unionization and implementing OSHA regulations. You will present your findings to the Vice President of Human Resources for approval.
· “ Distinguishing Independent Contractors and Employees ”
· “ The Expendables: How the Temps Who Power Corporate Giants Are Getting Crushed ”
Create a PowerPoint presentation with fifteen to twenty (15-20) slides in which you:
1. Create a Wage and Hour standard for the job opportunity that you had selected in Assignment 2, and support your standard by using the Fair Labor Standards Act (FLSA) and Equal Pay Act to prevent any potential discriminatory impact.
2. Decide on three (3) benefits required for the job opportunity using ERISA. Propose two (2) methods that the employer can use in order to manage the fiduciary duties wisely and with the employees’ best interests in mind. Provide a rationale for your response.
3. Elaborate on two (2) rights regarding unionization that Section 7 of the NLRA guarantees. Next, examine two (2) unfair labor practices, and argue the importance of your organization refraining from using such practices during any self-organization and collective bargaining activities. Explore two (2) potential repercussions of an organization’s interference with self-organization and collective bargaining practices.
4. Propose three (3) ways to discourage employees from considering unionization. Then, compose one (1) strategy for championing a supportive and satisfying work environment within the organization.
5. Select one (1) OSHA violation case, and determine whether the resulting penalties were sufficient to deter the organization in question from repeating the same violative action. Justify your response.
6. Outline a plan for investigating workplace injuries, and formulate a policy that explains the process for filing a worker’s compensation claim within the selected organization.
7. Narrate each slide, using a microphone, and indicate what you would say if you were actually presenting in front of an audience.
8. Use at least three (3) quality academic resources in this assignment. Note: Wikipedia and other Websites do not qualify as academic resources.
Your assignment must follow these formatting requirements:
· Format the PowerPoint presentation with headings on each slide and relevant graphics (photographs, graphs, clip art, etc.), ensuring that the presentation is visually appealing and readable from eighteen (18) feet away. Check with your professor for any additional instructions.
· Include a title slide containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The title slide is not included in the required slide length.
The specific course learning outcomes associated with this assignment are:
· Develop policies that are compliant with employment laws.
· Evaluate an organization’s physical environment and determine criteria that ensure occupational safety.
· Use technology and information resources to research issues in employment law.
· Write clearly and concisely about employment law using proper writing mechanic.
Attachment is Assignment Paper 2
There is a job opportunity in the company that I work as an HR Director. The company wants to fill the position of a secretary which is vacant at the moment. The company must consider various employment laws in its recruitment process to ensure that it remains within the law. The equal opportunity employment commission requires that people who apply for a job have an equal chance of hire despite their race, color, religion or other factors. The company must comply with the Fair Labor and Standards Act (FLSA) which prescribes the amount of pay as well as overtime. The other employment law is the Occupational Safety and Health (OSH) Act, which regulates the safety and health conditions in private industries. The violation of these statutes can raise a lawsuit on the companies that fail to comply with these laws. The aim of this writing is to discuss the hiring process as well as managing a diverse workforce.
The company can use various recruitment methods that are by the employment laws requirements. Internal sourcing is one recruitment method that in recruiting a secretary. Internal Sourcing is an activity that involves advertising the secretarial job vacancy within the organization to the current employees. This approach has been commonly used in the present times as it saves the cost of advertising externally and it also reduces the expenses on training and other expense to the company. Internal sourcing avoids discriminatory practices as it does not choose people based on their race, sex, gender or other factors. Occupational requirements allow companies to choose people in their businesses due to professional requirements that these employees can only fit. Further, this method gives an equal chance for every employee in the organization to apply for the position, and. Therefore, it avoids discrimination.
External sourcing is the other method that the company can use in advertising the secretarial job vacancy which includes using various recruitment tools including, newspapers, job boards, trade publications and others. This method helps the organization to bring in an employee who have little knowledge concerning the organization and can result in bringing a unique perspective to the group. This approach avoids discrimination by accepting applications from diverse groups. It also prevents bias by recruiting people based on the qualifications on the job rather than on their race, gender, national origin, ethnic group and other related factors.
Interviewing is another method that a company can use in recruiting the secretary. In this process, the interviews need to be scheduled so that there is a conducive environment where there are no interruptions to ensure that the candidates resumes get seen. Interview method avoids discrimination by making sure that everyone get to go through the interview and that the job candidate is chosen based on how they respond to questions about how they will solve an individual problem for the company rather than from the qualifications only.
The company has a way of ensuring that it accepts all the applications and that the claims are validated whether the applicants have attained the necessary credentials for a job opportunity. The company advertises the job opening which has a specified deadline under which the applications need to reach beyond which they cannot qualify to be accepted. At that time, range applicants send their applications, and they are all received in the database. The application can either be on paper or in soft copies that move via the email to the company’s email address that in the job advertisement. The applications need checking whether the applicants have the qualifications required for the job as advertised (Schmeisser, 2013).
An interview is then planned fro to take place for those people that are identified to be having the skills, experience and academic qualifications needed. The interviewing team would at this point be looking at key points that the applicants would state on how they intend to do their job and the person who outlines the best key points would be selected to fill the position. During the interview process, the job candidates are required to produce their certificates that they have gained through schooling or other non-academic certifications which need analysis of whether they are original, or they are fake. Those candidates that have the required credentials are the ones that are to have the priority to the selection for the job vacancy.
It is important that the company outlines the application process so that job applicants can have enough information so that they can channel the requests in the right manner that is acceptable to the organization. It is also vital that the complainants get to show whether they have the required credentials for the position advertised since they can only perform as expected if they have them
It is important for the company to maintain all applicants’ records to ensure that it can defend itself in the case of a discriminatory case raised by candidates. The first step is to make sure that all the candidates are received, and reading takes place as at the time that they get to the office. The second step is that the files should be kept to ensure that they are intact and that lost. The data needs to be arranged in a suitable manner in a logical manner so that the file is well in an organized manner.
The other step is to ensure that the interview notes are written for every job applicant so that the essential point that they raised related to the job are written to make sure that when they complain their points can compare with the interview notes of those candidates that fit in the job credential that was required. The fourth step is to ensure that the key points that the company was looking for are well noted down so that it uses it as the strategy by which to interviews employees. It is vital to have this measure as it would ensure that those raising discriminatory cases are defeated as the organization has the basis of which to compare employees and to select the one that is best suited.
The fifth step is to ensure that the records are kept for at least seven years as stipulated by employment laws to make sure that if an applicant raises the discriminatory case within that lifespan, the company would have enough proof that its recruitment practices were not discriminatory. The maintenance of candidates records would occur an effective way to protect the company from unnecessary lawsuits that are very costly and time-consuming, and they also end up destroying the good reputation of the organization.
Background checks are crucial in an organization especially in a time when the organization wants to recruit an employee. Background checks are meant to ensure that the information given by the job applicant is correct and is what the employer wants.
The background checks that must for the secretarial vacancy are education records, workers compensation as well as character references. Education records are vital since they state whether the job applicant is competent for the job position or not. It is unfortunate for an employer to fail to do a background check on educational records that have been provided to find later that the person is not suitable for the job. It could be costly for the organization to plan for another recruitment process and an organization should be careful to ensure that the background checks are done to make sure that the person recruited has the competency for the position. It is also necessary that the company seeks to know more about the employees previous compensations in other businesses since it determines in most cases the salary range.
It is most likely that employees tend to lie on the compensation that they were receiving in other firms where they had been working. It is, therefore, vital that a company do a background check to ensure that the information given by the employee is correct so that it can be of use to the enterprise. A character reference is also an important area that should be analyzed for background checks as it is possible for employees to give referees that are in existence or to be an individual who is not trustworthy. Having referees from whom another organization can know more concerning the individual seeking for the secretarial position is very necessary. The company should, therefore, ensure that a background check is done on referees of the person, employee’s compensation and on the educational background to make sure that the employee selected is satisfactory to the company.
A drug test is a procedure by which biological specimen of a person is taken and examined whether there are traces of drugs in them. It is vital for employers who do not want their employees to use drugs to test them to ensure that they do not use them, and those that are using are punished or dismissed. Drug testing in the current company that I am working is compulsory to ensure that employees perform to the expectations of the employers since drugs tend to reduce a person’s performance and concentration. An employee using illegal drugs can also be harmful as they can injure their colleagues or they harm themselves or even the company’s properties (Sims, 2013).
Drug testing is thereby vital for the secretarial position as it will ensure that the employees perform as expected. Medical tests can also be done to ensure that the employee is in a real state regarding their health to be in a position to handle the roles and duties that will need to assign to them. It is important for an employer to do these tests as it can be used to help the patient to get treatment for the sickness. The knowledge of the employee health can also help the organization to select an individual who has a certain health level that will ensure that he/she handles the jobs in a right way as desired by the employer. Medical tests are vital to be used as employment test as it can prevent the situation where a sick person gets a role that he/she cannot handle and deteriorates the condition. It is, therefore, vital for an employer to be conversant with the health of an employee before they can be taken in for a job.
An integrity/honesty test is a method that many companies use as an employment test. Honesty test measures the ability of an employee, to be honest, dependable or even trustworthy when carrying out their roles and responsibilities. A lack of integrity is unfavorable to the organization as it indicates that the individual will be violent, have disciplinary issues, be absent when they are needed and show other characteristics that the organization does not desire. A company can choose those employees that score high in the integrity tests. The reason for choosing this test is that secretaries are people that are required to provide information that undergoes testing and is accurate by all means.
The hiring and promotional decisions are vital for a certain job in an organization. There needs to be a well laid down a policy that ensures that the decision to hire and to promote and the employee is done in the right way as stipulated by the organization. For the job position of a secretary, hiring should be done when the position is left vacant. A vacant position can occur when the employee resigns due to their reasons, gets fired or dies.
This post needs to fill as the company cannot operate without the secretary as there are various roles that they need to perform, and they cannot be carried out by another person since they are involving and they also require that one has the competencies to ensure that the performance is high. Regarding promotions the secretary should be promoted based on their performance whereby if they reach a certain level that has been set they need to progress to the next step.
Subjective criteria for assessing soft skills can be dangerous to any organization as it means that every interviewee will be determining based on their thinking and not according to what the employer desires. A challenge with this method is that it can bring about confusion when selecting employees who suit the job. I would suggest that a company uses an objective method of assessing soft skills since the method is straightforward, and it is easy to use and to evaluate the soft skills needed for an individual job. Using an objective method ensures that the assessment method is only one that needs to be followed and. Therefore, the interviewers will be guided using this approach to make sure that the individual having the right soft skills is selected.
According to In Erbe (2014), reasonable accommodations describe changes that need to be effected to ensure that people with disabilities or those that belong to a particular religious belief are welcome in the company and can perform their duties in a way more equally like other people. The law requires that employers be ready to provide reasonable accommodations unless the accommodations produce undue hardships. In the case of the secretarial position in our company a person having a disability can be provided with reasonable accommodations by providing materials in other formats that the individual can use comfortably and be in a position to perform their jobs in the rights. Such materials could include Braille, hearing gadgets, large print or other materials that make the life of the disadvantaged person to be more conducive. An individual who has a limb disability like with the foot can reasonably have accommodation by having to move the office space to a different area where they can access it easily rather than up the stairs where it is challenging for them to reach there in case there are no lifts or elevators.
An employer should not discriminate against their employees due to their religious beliefs. Companies, therefore, need to accommodate those employees that have a religious belief even though they could be against it. An employee has the right to reasonable accommodation by the employer. I would suggest that the company makes some changes for the employee so that thy can practice their faith as well as perform in their jobs. For instance, the employee can be given some time off when it is their time to pray, fast or to attend their Sabbath. I would also suggest that the company accommodates the person when they want to be excused from work on religious matters or to great people using their religious phrases.
Sometimes it becomes hard for the employer top to provide reasonable accommodation to the employee, and this is allowed by the law as long as the employer can proof that they are facing undue hardships.
In cases of the unique religious beliefs, an employer is excused from providing the reasonable accommodation when the cost of producing is very significant. Therefore, an employer can fail to accommodate employees when it harms the morale of other workers. An employer can also fail to provide reasonable accommodation when doing so infringes the rights of other workers in the organization. In cases of people suffering from a disability, it becomes impossible sometimes for the employer to give reasonable accommodations and it is allowed by law. When the financial costs of housing are exceedingly high, then an employer can fail to accommodate an employee with a disability. Further, where there is a difficulty in interchanging employees or facilities due to the nature of their work or even high costs of doing so, then an employer can fail to accommodate a person having a disability (Pankl, 2010).
The court case of an affirmative action is that of Fisher V. Texas. In the year 2008 there occurred that several high school seniors that had been depriving of the chance to admit to the University of Texas and one of the students named Austin filed the lawsuit. According to the pupils, the school could not have used race to ensure that the school had to promote diversity. They argued that other factors that could have been used to make sure that diversity was maintained other than using race. The court ruled that affirmative action programs had to be put under strict scrutiny to ensure that the university practices in a way that that it does not use race as a way of diversifying students.
In Hall v. Gus Construction Co., a court case where a construction company employed three women to labor as traffic controllers at their road construction locations. Fellow colleagues who were men subjected these women to very harsh verbal sexual abuse. Further, these women faced offensive as well as unwelcome contact. One of the women had developed a skin rash, and the men had a nickname for her which was Herpes. The men went further to ask the woman if she was interested in having sexual relations with them. These men went further to subject these women to other types of harassment such as urinating in the water jugs, showing them pornographic materials and other activities that were unwelcoming and offensive. In spite of this, the supervisor had known of that and did nothing to stop it. The court found this behavior as to be going against the Title VII since it was unwelcome ways of a sexual nature even though no woman was subject to sexual contact
I would recommend that the company uses other methods to ensure that there is the maintenance of diversity in the workplace rather than using race. The company should abolish a policy that aims at recruiting people based on their race. Harassment is unlawful, and my business should look out for cases of harassment and discipline them accordingly to ensure that any harassment is done way with completely.
Work-life conflict is a situation where there is an inter-role conflict between work and family. In that case, demand tends to mutually incompatible so that when one meets the requirement of one of them then it tends to become hard to satisfy the needs of the other. Work-life conflicts, therefore, tend to be multi-directional regarding their relationship where work can have an impact on family and family can have an effect on labor. When there is a conflict between the two, then it becomes difficult to obtain rewards from the two sections, and one has to forego one of them. Work-life conflicts have two principal components. Work-life components have the practical aspects which are the considerations of time and scheduling conflicts. It also has the aspect of the personal feeling stressed overwhelmed.
Work-life conflicts can occur in various ways. The first one is that life of a job can interfere with responsibilities that one is require performing. This condition can happen when an employee concentrates more on personal life rather on their jobs. This situation can cause the individual to perform poorly in their jobs. Responsibilities associated with a single position can affect the life of a job of an employee since an employee cannot be in the workplace and be at home at the same time. Some jobs that are too involving and also they offer employees an overtime so that they can work for extra hours.
It is also possible for conditions that occur in personal life or at work to affect the other in a resolute or negative manner. There are certain requirements placed on the worker that can result in the spill over. A job promotion is an example that can cause joy in the family of the employee since the job development is desirable it results in an improvement in the morale of the employee as well as an increase in their income. On the other hand, affect personal life of an employee. The employee tends to be unhappy, and this reflects on how they relate to their families (Paludi, 2012).
References In Erbe, N. (2014). Approaches to managing organizational diversity and innovation. Paludi, M. A. (2012). Managing diversity in today's workplace: Strategies for employees and employers. Santa Barbara, Calif: ABC-CLIO. Pankl, E. T. (2010). Recruitment, development, and retention of information professionals: Trends in human resources and knowledge management. Hershey, PA: Business Science Reference. Schmeisser, W. (2013). International Human Resource Management and International Labour Law: A Human Resource Management Accounting Approach . München: Oldenbourg. Sims, R. R. (2013). Human resource management: Contemporary issues, challenges and opportunities. Greenwich, Conn : Information Age Publ.
