Premium Essay

Exempt vs Nonexempt

In:

Submitted By Terrika
Words 427
Pages 2
Article 2

Executions Corporate Style

The title “Executions Corporate Style”, grabs the reader’s attention right off. The author shows the correlation between capital punishment and terminating employees which I consider a different way to consider the importance of terminating employees in a gentle and respectful manner. He captures the reader’s attention by stating that when it comes to capital punishment in the workplace, terminated employees deserves at least the same amount of consideration as cold-blooded killers. He further states that even if the discharge is perfectly justified, when its execution is flawed, legal rights and emotional sympathies will shift from employers to employees.

Terminating employees is one of the most difficult activities a manager will face in any organization during his or her career. Jonathan Segal, in his article shares some legal and practical considerations for employers to consider when terminating problem employees. He poses a series of seventeen questions and common sense solutions for his readers to contemplate. He initially addresses the question, is prior notice required? He explains that “at-will” employees are not legally entitled to advance notice of their discharge; they can be discharged at any time, for any or no reason at all, with or without prior notice. However, there are two exceptions where employees may be entitled to prior notice which is individual employment contracts and collective bargaining agreements. He also speaks about written notices and justifications. He mentions that employers usually have no legal obligation to tell employees why they are being terminated; it is often in their self-interest to do so.

The author also addresses questions such as: Who should terminate? Where to terminate? When to terminate? Who should witness the discharge of the problem employee? He states

Similar Documents

Premium Essay

Legos

... but certainly not all of them. Certain kinds of debt are not covered by the terms of Chapter 7. Some examples of debts that must be paid after filing for bankruptcy would include child support, alimony, income taxes and penalties, student loans, and court ordered damages due to unfair and unrighteous acts. Bankruptcy courts handle your financial problems until the case ends. A court assumes control of all ones debts that are owed and all property that is not exempted. A trustee is appointed to be in charge of your debt. The trustee collects property that can be taken and sells it to repay some creditors. That property can be surrendered to the trustee, which can agree to pay the market value or one may choose to trade exempt property with nonexempt property. A small number of people actually lose property when filing bankruptcy. If a person changes their mind about filing for bankruptcy, they may ask the court to dismiss the case. At the end of the process, the court would discharge most of the debts and one is unable to file for another Chapter 7 bankruptcy for at least another six years.  On the other hand, Chapter 13 bankruptcy is mostly used to make up any type of debt payments and pay things off. In some cases it can be used to stop a foreclosure on a house. Chapter 13 bankruptcy cases usually last up to 5 years. During that time one would have to live under a strict budget that would require strict discipline. Most debtors...

Words: 718 - Pages: 3

Premium Essay

Hrm 361 Final Studyguide

...* How is it different than traditional compensation * Why compensation philosophies vary by organization * Entitlement vs. performance philosophies Intrinsic vs. extrinsic rewards- Intrinsic rewards may include praise for completing a project or meeting performance objectives. Other psychological and social forms of compensation also reflect intrinsic type of rewards. Extrinsic rewards are tangible and take both monetary and nonmonetary forms. * Role of the HR unit in compensation * Internal equity * External equity * Meet/lag/lead strategies * FLSA * Exempt / nonexempt * 5 categories of exempt employees * Overtime * Training & travel time * Independent contractors * How to classify * Tax implications for employers / employees * Market pricing and pros/cons * Pay grades * Red/green circle employees * Pay adjustments (e.g. seniority) Chapter 12 – Incentives * Variable pay philosophy * How variable pay motivates employees * 3 categories of variable pay * Types of individual incentives * Gainsharing and how different from profit sharing * 3 types of commission pay plans and which is the most common * Examples of performance incentives * Why incentives should be tied to organizational goals * Pros/cons of bonuses vs. merit pay Chapter 13 – Benefits * why employers offer benefits * flexible benefits * adverse selection * employee...

Words: 2463 - Pages: 10

Premium Essay

Fair Labor Standard Act

...Fair Labor Standard Act Jamesca Caton Saint Leo University Professor Richard Primo October 11, 2015 Abstract In this paper I will discuss the background and history of the Fair Labor Standards Act and discuss the record keeping of employees that are exempt and non-exempt under Fair Labor Standard Act. Also, I will discuss the compensation and overtime pay of employees under the Fair Labor Standard Act and the enforcement of and regulations of the Fair Labor Standards Act. Moreover, I will discuss some current issues with the Fair Labor Standards Act such as child labor laws as well. BACKGROUND AND HISTORY In 1938, the Fair Labor Standards Act was passed to help put protections in place for workers across America. The act was passed after the Great Depression, at a time when many employers took advantage of the horrible working conditions and impossible hours. This act was passed to regulate minimum wage, overtime pay, equal pay, record keeping and child labor standards in the United States and to guarantee a workers right to be paid fairly under the Fair Labor Standards Act. The Fair Labor Standards Act help establish the federal minimum wage for all employees and sets requirements for overtime for employees as well. The FLSA also defines the forty hour work week for employees and places restrictions on child labor. The Fair Labor Standards Act has been amended several times to expand the law to require employees both male and female to receive equal pay for...

Words: 2145 - Pages: 9

Premium Essay

State vs. Federal Regulations Paper

...Running head: STATE VS. FEDERAL REGULATIONS PAPER State vs. Federal Regulations Paper XXXXXXXX University of Phoenix XXXXXXX MGT/434 State vs. Federal Regulations Paper Employees are protected by many federal and state laws that regulate what an employer cannot and can do. Therefore, figuring out which employment laws apply to the workforce can present a challenge because they can come from federal and state sources. The laws that are applicable to each workforce sector for employee protections depends on many factors; the number of employees, the type of business it conducts, and if it crosses state boundaries. The purpose of this paper is to examine how federal and state governments differ in their application of employments laws and will discuss an employment protection provided exclusively by a state government. State vs. Federal Wage, hour and employment laws governing employers and employees are set at the state level and the federal level. Often measurable differences between federal laws and state laws exist depending on the state the company is operating in. When this occurs, companies are supposed to comply and govern their policies to follow the laws that offer the best protection to the employee. On the federal level the agency over employment law is The US Department of Labor (DOL) this agency administers federal employment laws. In most states employment laws are administered by the states labor division. With many agencies under...

Words: 1942 - Pages: 8

Free Essay

Management

...to job design. 7. Describe the ways that job descriptions are changing as the nature of jobs changes. KEY TERMS |AUTONOMY |THE DEGREE TO WHICH THE JOB PROVIDES SUBSTANTIAL FREEDOM, INDEPENDENCE, AND DISCRETION| | |TO THE INDIVIDUAL IN SCHEDULING THE WORK AND IN DETERMINING THE PROCEDURES TO BE USED | | |IN CARRYING IT OUT. | |COMMON METRIC QUESTIONNAIRE (CMQ) |A JOB ANALYSIS INSTRUMENT THAT INCLUDES BEHAVIORALLY ANCHORED ITEMS THAT CAN BE USED | | |BY BOTH NONEXEMPT...

Words: 5398 - Pages: 22

Premium Essay

Garments Sector

...Company Profile: The Levant Sweater LTD is a sweater manufacturing company. This company is a professional apparel manufacturer. We are engaged in all kinds of garment, such as men’s sweater, women’s sweater, children’s sweater etc. With the advanced technologies, rich management experience, exquisite production process and unique, creative design thoughts, our products enjoys good reputations both at home and abroad. All the products we provide are professionally designed and skillfully manufactured. We also accept customized orders to meet your specific requirements. If anyone interested in any of our series of products, or need any related items, please contact us with details of your specific orders. We warmly welcome domestic and foreign friends to cooperate with us based on mutual benefits. The Levant Sweat LTD has strongly believed in some truths which are: 1. Trustworthiness 2. Clear Dealings 3. Always Customers first 4. Quality 5. On time 6. Honesty, and 7. Eternal Relationship. The Levant Sweater LTD clearly follows the terms and condition of Bangladesh Government. The entire act and laws posted by the Government been strongly followed in our terms and condition of company. An agreement to this effect was signed between the Bangladesh Export Processing Zones Authority (BEPZA) and The Levant Sweater Ltd. Basic Information | | Company Name | The Levant Sweater LTD | Business type | Manufacturing | Product/Service...

Words: 29296 - Pages: 118

Premium Essay

Hr Audit

...Project Title: HR Audit INDEX SR NO. | TOPIC | PAGE NO. | 1 | Acknowledgement | 3 | 2 | Executive Summary | 4 | 3 | Introduction to HR Audit | 6 | 4 | Qualitative & Quantitative Indicators for HR Audit | 8 | 5 | Types of Audit | 13 | 6 | HR Audit Process | 17 | 7 | Human Resource Management v/s Performance | 21 | 8 | Approaches to Human Resources Audit | 25 | 9 | HR Audit Tools | 30 | 10 | Checklist for HR Audit | 33 | 11 | Audit Report | 35 | 12 | Audit of HR Results | 36 | 13 | HR Audit in India | 37 | 14 | Conclusion | 40 | 15 | Bibliography | 49 | s ACKNOWLEDGEMENT “For any successful work, it owes its thanks to many” Presentation of this project gives us the feeling of fulfillment. It has taken an exhaustive effort in preparing this project. It took several hours, several days, and several meetings amongst us to make this project work up to its expectations. The faculty members of our college have provided us with great source of inspiration and have provided great help in pursuing this project. Many individuals have contributed in preparation of his project. We take this opportunity to thank few people without whom this project would not have been possible. We would like to thank our faculties for their kind support. Our sincere thanks go to our project guide Prof.Anjali Saida, who helped us through many aspects and whose friendly guidance on many issues helped us for the betterment of our project. Without her support...

Words: 9781 - Pages: 40

Premium Essay

Project

...TERM PAPER IN SELECTION OF HUMAN RESOURCE MANAGEMENT PROGRAM FOR WAGE AND SALARY ADMINISTRATION Submitted By: Derson E. Dacillo Jr. BBA/HRDM 1-2 Submitted to: Prof. Angelita Nocon Subject Facilitator March 2015 Table of Contents Introduction…………………………………………………………………….3 Program for Wage and Salary Administration…………………………………4 Elements of a Formal Wage and Salary Program……………………………....8 Factors in Setting up a Program……………………………………………….10 Formulation of Company Wage Policy……………………………………….11 Wage and Salary Surveys……………………………………………………..13 Procedures in Conducting Wage And Salary Surveys……………………….14 Steps in Planning the Program………………………………………………...15 Job Analysis: Job description and Specification……………………………...20 INTRODUCTION A construction company’s compensation program should be designed to achieve three overall objectives. The program should assist in the attraction and hiring of the most qualified professionals available in the disciplines of engineering, construction technology, construction management, and business administration. Second, the compensation program should direct employee efforts toward achieving the company’s strategic objectives, such as business development, profitability, safety and work quality. Third the compensation program should insure the development and retention of aqualified workforce. Base pay, of course, is the core program to which benefits and variable pay must be coordinated. Base pay or “salary” is...

Words: 4720 - Pages: 19

Free Essay

Job Analysis

...Introduction In human resources, job analysis plays an important role of it. It provides information regarding positions in the organisation. It is an important topic as well as a vital employment tool which can assist with   HR activities and potential and current employees, ‘Job analysis is the systematic study of positions to identify their observable duties and responsibilities, as well as the knowledge, skills and abilities required to perform a particular task or group of tasks’ ( Kovac,2006, p.1). Methods of conducting job analysis There are many different methods/ways to conduct a job analysis. It is dependent on organizational needs and what resources are available.   Questionnaires, observations and interviews are very common methods.   Although individual methods are used exclusively, several can be used in combination.   In fact, it is recommended that utilizing more than one method is more sensible (How, 1998), (Dessler, 2005).   Reasons for job analysis Job analysis can be used in determining training needs by identifying training content, the assessment tests which need to be used to measure the effectiveness of training, the equipment to be used in the training process, and the methods of training. Job Analysis can also be used in compensation to identify the skill levels, the compensable job factors, the work environment, the responsibilities, and the required level of education and salary level. In selection procedures, job analysis can be used to...

Words: 14761 - Pages: 60

Premium Essay

Apparaisal Term

...Chapter 1 Formal performance appraisal plans are designed to meet three needs, one for the organization and two for the individual: 1. They provide systematic judgments to back up salary increases, promotions, transfers, and sometimes demotions and terminations. 2. They are a means of telling a subordinate how he is doing, and suggesting needed changes in his behavior, attitudes, skills, or job knowledge; they let him know "where he stands" with the boss. 3. They are also being increasingly used as a basis for the coaching and counseling of the individual by the superior. Before World War II, only a handful of companies and the military conducted regular formal performance appraisals concentrated more on an individual's personality and traits than on actual achievements against goals and formal analyses of the behaviors that produced those results. Peter Drucker's (MBO), moved from trait assessment to the development of a procedure that concentrated on goal setting, placed responsibility with the subordinate, and made the appraisal process a shared responsibility between subordinate and manager. McGregor's focus was on performance, not personality. Manager, he argues, must abandon the role of THERAPIST and become a coach. General Electric conducted a scientific study Called Work Planning and Review, this appraisal system combined aMBO with the conventional once-a-year, comprehensive, supervisor-controlled appraisal STUDY; analyzing the effects of the...

Words: 8033 - Pages: 33

Premium Essay

Quiz Notes

...Open systems – organizations that are affected by and that affect their environment Inputs – goods and services organizations take in and use to create products or services Outputs – products and services organizations create. External environment – all relevant forces outside a firm’s boundaries, such as competitors, customers, the government and the economy Competitive environment – immediate environment surrounding a firm; includes suppliers, customers, rivals and the like Macroenvironment – includes governments, economic conditions and other fundamental factors that generally affect all organizations. All organizations operate in a macroenvironment which comprise of the following: Laws and regulations * The government can affect business opportunities through tax laws, economic policies and international trade rulings. * Regulators are specific government organizations in a firm’s more immediate task environment. The economy * Economic environments dramatically affect managers’ ability to function effectively and influences their strategic choices. * The stock market is an important economic influence. It may also have profound effects on the behavior of individual managers. * Economic conditions change over time and are difficult to predict. Technology * Technological advances create new products, advanced production techniques and better ways of managing and communicating * Also, new industries, markets and competitive niches develop...

Words: 8985 - Pages: 36

Free Essay

Multistate Accounting

...MULTISTATE CORPORATE TAX COURSE John C. Healy | Michael S. Schadewald 2014 EDITION CPE CoursE! BONUS Earn CPE Credit and stay on top of key Multistate Corporate Tax issues. Go to CCHGroup.com/PrintCPE 2014 EDITION MULTISTATE CORPORATE TAX COURSE John C. Healy | Michael S. Schadewald ii Contributors Authors ........................................................... John C. Healy, MST, CPA Michael S. Schadewald, PhD, CPA Technical Review ....................................................... Sharon Brooks, CPA Production Coordinator ................................................... Gabriel Santana Production ......................................................................... Lynn J. Brown Layout & Design..................................................................Laila Gaidulis This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. © 2013 CCH Incorporated. All Rights Reserved. 4025 W. Peterson Ave. Chicago, IL 60646-6085 800 344 3734 CCHGroup.com No claim is made to original government works; however, within this Product or Publication, the following are subject to CCH’s copyright: (1) the gathering, compilation...

Words: 105989 - Pages: 424

Premium Essay

Legl200

...* LEGL 200 * Course Outline Chapter 1: Introduction to the Legal System 1. The law consists of enforceable rules governing relationships among individuals and society. 2. The law serves several purposes. a. Protect individuals b. Protect society c. Protect property, and d. Protect objectives 3. How does the law achieve the aforementioned purposes? a. By establishing confidence in the enforcement of laws b. Providing a certain degree of predictability as to what will happen if the laws are violated 4. If any society is to survive, its citizens must be able to determine What is legally right and wrong and be able to determine what sanctions may be imposed on them if they commit wrongful acts 5. Why should you care about the law? a. The law affects virtually ALL business transactions and activities, including: i. Hiring and firing ii. Workplace safety iii. Manufacturing, distributing & marketing of products iv. Financing v. Accounting & ethics and vi. Many other areas as well 6. You are the owner of a company called Compudata – a computer software & systems company. You receive an inquiry from BMI, Inc. regarding your company’s various services. a. What are some of the legal issues you need to consider? i. How do we enter into a contract Contracts ...

Words: 22614 - Pages: 91

Premium Essay

Mergers a to Z

...More Praise for the Second Edition of Mergers & Acquisitions from A to Z ‘‘Sherman and Hart have done a terrific job assembling and synthesizing the basic, yet critical, issues to be aware of before/during/ after the deal. A well-rounded, up-to-date primer filled with pragmatic information that will serve as an excellent reference regardless of the reader’s M&A experience.’’ —Edward J. Hayes, Jr. Executive Vice President and Chief Financial Officer Quantum Corporation ‘‘After reading Andrew’s book, it became clear that his insight and processes assist entrepreneurs looking to expand their businesses. Andrew’s book offers guidance for non–U.S.-based businesses considering mergers and acquisitions in the United States.’’ —Nancye Miller, CEO, EO The Entrepreneurs’ Organization ................. 11539$ $$FM 10-19-05 09:48:09 PS PAGE i This page intentionally left blank PAGE ii MERGERS & ACQUISITIONS F ROM A SECOND TO Z EDITION Andrew J. Sherman and Milledge A. Hart American Management Association New York • Atlanta • Brussels • Chicago • Mexico City • San Francisco Shanghai • Tokyo • Toronto • Washington, D.C. ................. 11539$ $$FM 10-19-05 09:48:11 PS PAGE iii Special discounts on bulk quantities of AMACOM books are available to corporations, professional associations, and other organizations. For details, contact Special Sales Department, AMACOM, a division of American Management Association, 1601...

Words: 103115 - Pages: 413

Free Essay

Industrial Organisation Psycholoy

...BONIFACE NDOLE ID UB39054BBU47719 SCHOOL OF BUSINESS AND ECONOMICS ------------------------------------------------- Top of Form Bottom of Form ORGANISATIONAL BEHAVIOUR HONOLULU, HAWAII MAY, 2016 Table of contents INTRODUCTION 5 1.1. Definition of Organizational Psychology 5 1.2. Differences Between Psychology And Organizational Psychology 6 1.3. Current Psychological 9 Current Psychology of Basics Knowledge Management & Organizational Learning 9 Knowledge Management and Organizational Learning 9 Knowledge Management Processes and Goals 10 Current Knowledge Management Systems 11 Organizational Learning 11 Knowledge Management in Organizations 12 The Knowledge Management Processes Cycle 12 KM Strategies 14 Codification Sub-Strategies – Earl’s codification-oriented sub-strategies are: 15 2. MOTIVATION 16 2.1 Motivational Concept 16 Ego-focused versus other-focused emotions 17 2.2 HIERARCHY OF NEEDS 19 Herzberg’s Two-Factor (Motivation-Hygiene) Theory 20 2.3 MOTIVATIONAL THEORIES 21 MOTIVATION THEORIES ARE OFTEN CULTURE-BOUND 23 Maslow's Needs Hierarchy. 23 McClelland's Three Needs Theory 23 Adams' Equity Theory 23 Hertzberg's Two-Factor Theory 23 3. RECRUITMENT 23 3.1 Sources of recruitment 23 The traditional recruitment sources were: 24 The modern recruitment sources are: 24 3.2 Internal recruitment 24 3.3 External recruitment 25 3.4 Recruitment process 26 4. EMOTIONAL BEHAVIOR IN ORGANIZATIONS 27 4...

Words: 43803 - Pages: 176