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Key Topics
Requirement
The Functional Areas of HR are:
Employment - Title VII
Compensation - Fair Labor Standards Act
EEO/Affirmative Action - Title VII
Training and Development - Title VII
Employment Relations and Labor Relations - National Labor Relations Act
Safety - OSHA
Benefits – ERISA
Assignment Requirement
Pick 3 of the functional areas of HR listed above. Clearly define and analyze each of the 3 areas, then explain how they relate to each other. 6-8 pages. The 3 areas I want my paper to be written on are: Employment - Title VII, Compensation - Fair Labor Standards Act, Safety – OSHA.
Solution
Executive Summary
The paper discusses the Employment - Title VII, Compensation - Fair Labor Standards Act, and Safety – OSHA. The paper first tries to provide a brief on all these Human Resource functions systematically and then provides insights on relation amongst the three human resource functions. The paper gives a brief on how these functions would be highly beneficial for any organization. Further, a discussion on the importance of an integral human resources management concerning over the discussed functional areas is provided in the paper.
Introduction
Every organization has human resources regardless of their size or the extent of their resources. The organization either thrives or survives due to the capabilities and performance of the people. The organization tries to maximize the capabilities and the performance of their people which is referred to as the Human Resource Management. All the people present in the organization are responsible for carrying out the responsibilities irrespective of the resources or size and even the members of the organization which will be beneficial for the organization (Dunn, 2010).
The human resources leaders must be in the in the rethink and shifting process so as to give the response to the challenges that might range from decimated departments, high employee turnover and even for attracting and retaining higher talent in any uneasy marketing environment. The organizations must take care of their human resource functions namely health and safety of human resources to make working conditions favorable for their employees, avoiding any discrimination against any employee and finally keeping good care of the needs and wants of the employees and employers.
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OSHA Safety
The OSHA Act or the Occupational Safety and Health Administration (OSHA) covers all the sector employers and their labor force additionally towards the workers and public sector employers along with certain jurisdictions under their federal authority. Those jurisdictions including the Virgin Islands, Guam, Puerto Rico, District of Columba, Johnston Island, Northern Mariana Islands, Wake Island and Outer Continental Shelf Lands.
Rights and responsibilities under OSHA Law
The employers have to responsibility of providing a safe and sound workplace. The employers should provide a safe workplace to their workers who must follow all the OSHA safety and health standards. All the correct safety and health problems must be found by the employers. Furthermore, the employees must eliminate and try to reduce all the hazards so as to make feasible changes in the working conditions instead of relying on the personal protective equipment like the earplugs, gloves, etc. Some of the effective ways for eliminating or reducing all the risks include enclosing processes to trap harmful fumes and using all the ventilation system for cleaning the air.
Furthermore, the employers are also asked to:
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1. Inform their workforce regarding the chemical hazards through various color-coded systems, alarms, labels, chemical information sheets, training, etc.
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2. Safety training must be provided to the workers in the language they can easily understand.
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3. Accurate records of work-related illnesses and injuries should be kept.
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4. All the test must be performed as per the OSHA standard.
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5. Personal protective equipment must be provided to the workers at no cost, and the employer must pay for the required personal protective equipment.
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6. Hearing exams as well as other medical tests must be provided whenever required as per the OSHA standards.
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7. Annually illness and post injuries must be posted by OSHA citations where the workers can see them.
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8. No discrimination or retaliation must be done against the workers for using their rights under the law which also includes the right to report an illness or work-related injuries.
Compensation - Fair Labor Standards Act
The fair labor standards Act governs the following criteria:
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1. Overtime
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2. Minimum Wage
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3. Record Keeping
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4. Child Labor Standards
The exemption status should be based on the job responsibilities, job status and the status and it is therefore very important to determine the FLSA status during the process of job evaluation. Additionally, the department should complete an FLSA questionnaire.
Employees must be classified as the exempt from the law as they are
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1. The employees must be compensated with a set salary instead of hourly.
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2. There is no requirement for paying overtime premiums.
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3. Classified as administrative, executive, computer professionals or outside sales.
Examples of responsibilities and duties:
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1. Planning work
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2. Firing, hiring and evaluation of employees
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3. Determining the procedures and policies
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4. Negotiation and sign contracts authority
The employees must be classified as nonexempt and should be governed by the law and must be:
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1. The employees must be compensated on an hourly basis.
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2. They must be paid 1.5 for the hours when working the excess of 40 hours in the standard workweek.
Further examples of nonexempt responsibilities and duties include the:
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1. Preparing payroll
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2. Animal care
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3. Bookkeeping
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4. Typing or word processing
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5. Answering phones
The Fair Labor Standards Act (FLSA) contains the federal overtime provisions. The Act covers employees unless they are exempt must receive their overtime pay for hours worked over 40 in a workweek. The Act does not limit the number of ours for the employees of age 16 or older, and the Act further does not require overtime pay for the work done on weekends, holidays or regular days of rest only if overtime is worked on these days.
The Act is applied on the basis of the workweek. The workweek of the employee should be fixed and must regularly recur period of 168 hours and should have around seven consecutive 24-hour periods. This period should not coincide with the calendar week and can start at any hour of the day, and different worksheets should be established for the various groups of the employees. Permission for averaging of hours over is not given. Normally, a particular workweek and its overtime should be paid on the day to day basis in which the wages are earned.
Employment - Title VII
The Title VII has an integral effect in the workplace, and the employers should be prohibited from discriminating on the basis of age, sex and race, ethnicity, religion, national origin or disability and in compensating, promoting, hiring etc. the clients are not allowed by the businesses to provide them with a specific employee type even in the case of the client requesting that particular person. Crippling lawsuits are subjected to the employers violating any of the room by EEOC and all the individuals those were being discriminated against. The methods that can attract the potential applicants should be used by the companies along with the sufficient percentage of the females and the minorities for matching the demographics of whole employment area. Along with the Title VII, affirmative action should be used for putting an effort for rectifying the past actions and wrongs for putting the women and minorities at a disadvantage. Therefore, special treatment must be provided to the minorities and the women at a disadvantage in the areas of promoting, hiring, education and even the training programs. These programs meant for equalizing the workplace and therefore special treatment is provided for effecting the discrimination which can be committed against the people who are not amongst the protected classes (Moore, 1987).
Relation of OSHA, Compensation and Employment
All these factors put up together lead to employee satisfaction and ultimately retaining of good talent. Therefore the organization can keep the motivated and talented employees by setting up all the criteria leading to their job satisfaction. By adopting all these criteria, the employers can provide various personal as well as professional development opportunities for growing and advancing their careers. These duties and responsibilities of the employers towards their employees keep them engaged and empowered. These rights, when provided to them, provided the utmost employee content for doing their work and keeps them motivated. This, in turn, helps in adding value to the company. This strategy, duties, and responsibilities help in making required changes in the working environment for their employees and the labor force (V.B.DEVIBALA, Dr.P.ANBUOLI, & T.JOTHIMURUGAN, 2011).
Conclusion
The human resource functions are highly required for maintaining safety and health conditions in the working place along with keeping in mind the importance of the employment functions and compensation factors in the case of overtime and related factors. These factors when applied to any organization lead to the low turnover rate of the employee resulting in higher productivity in the workplace due to employee satisfaction.
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Moore, G. (1987). Analytical Perspectives on Employment Discrimination under Title VII: Economic, Legal, and Statistical Approaches. The American Economist, 31(2), 53-63. http://dx.doi.org/10.1177/056943458703100209
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Labor Law. Fair Labor Standards Act. Computation of Overtime Compensation. (1941). The University Of Chicago Law Review, 9(1), 166. http://dx.doi.org/10.2307/1597161
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Long, L. (2009). History of process safety at OSHA. Process Safety Progress, 28(2), 128-130. http://dx.doi.org/10.1002/prs.10317
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V.B.DEVIBALA, V., Dr.P.ANBUOLI, D., & T.JOTHIMURUGAN, T. (2011). Reason for Employee Retention. IJAR, 4(4), 79-81. http://dx.doi.org/10.15373/2249555x/apr2014/230
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Dunn, B. (2010). Human Resource Management: The Importance of Getting It Right. Rangelands, 32(4). http://dx.doi.org/10.2458/azu_rangelands_v32i4_dunn
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