...Civil Rights Act of 1866 (http://www.eeoc.gov/laws/other.cfm#cra-1866) Summary of Act's Principle Requirements and Regulations Impacting HR - This law protects the equal right of all persons within the jurisdiction of the United States to make and enforce contracts without respect to race. Governmental Enforcement Agency - Enforced by individuals, not a federal agency Impact on HRM Functions and Policies - This includes all contractual aspects of the employment relationship, such as hiring, discharge, and the terms and conditions of employment. The Supreme Court has held that the statute also prohibits retaliation against persons who complain about race discrimination prohibited by the statute. (http://www.eeoc.gov/laws/other.cfm#cra-1866) Equal Pay Act of 1963 (http://www.eeoc.gov/laws/statutes/epa.cfm) Summary of Act's Principle Requirements and Regulations Impacting HR - Requires that male and female workers receive equal pay for work requiring equal skill, effort and responsibility, and performed under similar working conditions. (http://www.princeton.edu/hr/policies/appendix/a1/1_6/) Governmental Enforcement Agency - EEOC Impact on HRM Functions and Policies - Pay differentials are permitted when they are based on seniority, merit, quantity or quality of production, or a factor other than sex. (http://www.shrm.org/LegalIssues/FederalResources/FederalStatutesRegulationsandGuidanc/Pages/EqualPayActof1963.aspx) Title VII of the Civil Rights Act of 1964, as amended...
Words: 1142 - Pages: 5
...Civil Rights Act of 1866 (http://www.eeoc.gov/laws/other.cfm#cra-1866) Summary of Act's Principle Requirements and Regulations Impacting HR - This law protects the equal right of all persons within the jurisdiction of the United States to make and enforce contracts without respect to race. Governmental Enforcement Agency - Enforced by individuals, not a federal agency Impact on HRM Functions and Policies - This includes all contractual aspects of the employment relationship, such as hiring, discharge, and the terms and conditions of employment. The Supreme Court has held that the statute also prohibits retaliation against persons who complain about race discrimination prohibited by the statute. (http://www.eeoc.gov/laws/other.cfm#cra-1866) Equal Pay Act of 1963 (http://www.eeoc.gov/laws/statutes/epa.cfm) Summary of Act's Principle Requirements and Regulations Impacting HR - Requires that male and female workers receive equal pay for work requiring equal skill, effort and responsibility, and performed under similar working conditions. (http://www.princeton.edu/hr/policies/appendix/a1/1_6/) Governmental Enforcement Agency - EEOC Impact on HRM Functions and Policies - Pay differentials are permitted when they are based on seniority, merit, quantity or quality of production, or a factor other than sex. (http://www.shrm.org/LegalIssues/FederalResources/FederalStatutesRegulationsandGuidanc/Pages/EqualPayActof1963.aspx) Title VII of the Civil Rights Act of 1964, as amended...
Words: 1142 - Pages: 5
...1. What do you think are some of the factors in the modern workplace that contribute to a theft of time? How can those factors be managed? (You may leave the questions in your document). Make sure you cite in the body of your answers to each question. One of the biggest factors in the modern work place that contributes to time theft is ignorance. Many employees take a little extra time on breaks or talking about non work related topics while on the clock, and they don’t even realize that they are stealing from their employer. Other factors include cell phones which put texting, web surfing and video games at the fingertips of bored employees, and the need for internet and computers in the workplace. Educating employees on the company policy for breaks, lunches, personal calls, and office chit chat. Employers can also encourage the use of breaks for web browsing, since it is an effective refresh button for employees and reduces errors (Silverman, 2011). Having supervisors and higher management working in the same offices or nearby also reduces accidental time theft and down time. 2. What does the word Whistleblower mean (legally speaking)? Give an example of whistleblowing. A whistleblower is an employee who notifies management “about a co-worker’s unlawful activities or to the appropriate federal and state agencies about the employer’s illegal activities”(Moran, 2014, p.101). For example, an employee witnesses a coworker copying the plans for future company projects....
Words: 1209 - Pages: 5
...Case study:Singhania and partner Introduction:Singhania & Partners is a full-service national law firm, a successful international corporate and commercial litigation, arbitration and intellectual property law practice. In my opinion, Singhania & partners should be to strengthen the trust of employees, because it is an essential prerequisite for all real commercial success. The Discussion on Mohothra and Singhania Law Co. HR Practices Human resources practices mean the methods that are adopted to conduct various employment actions (Mayhew, 2012). As one of the largest law firms in India, Mohothra and Singhania Law Co., has unique features in its HR practices. Besides the regular HR work, the HR practices of Mohothra and Singhania Law Co. has three features in its HR practices: open door policy, all merits based career growth and stress free environment. Firstly, the company conducts open door policy. There is open house every two weeks on which small presentations on different topics are organized, offer opportunities for employees training. The lawyers at all levels are encouraged to make the presentation. Combined with bi-weekly open house and weekly senior management meeting, the company is open to hear different opinions and suggestions. What’s more, with the open door policy of the company, any employee is accessible to senior management for discussions. Secondly, the career growth of the employees is all merits based. The company does not rely on annual performance...
Words: 1118 - Pages: 5
...Staffing Because managers need employees to carry out their initiatives, they depend on HR personnel to assist with proper staffing. HR experts offer technical assistance, such as writing job descriptions, classifying workers into proper departments and assigning a fair rate of pay. Managers can often count on HR specialists to screen applicant pools and only recommend qualified candidates for interviews. Without HR support, managers would have to perform all staffing activities and manage their employees' performance for reaching goals. Employee Development Organizations use different processes to ensure workers have enough opportunities to develop in their jobs. For example, employees are a source of future leaders. If employees are viewed as human capital, then the HR function must provide them with adequate opportunities for learning, including ongoing training and managers who guide their development. These ensures that workers are placed on a path to making a bigger contribution to the organization. Performance Management HR information systems offer data that management and HR experts can use to make decisions about employees. For example, management can review the latest results of an employee survey and decide what changes to implement in the workplace in response to employee concerns. Without such a decision-science approach to the working conditions for employees, management will miss an important chance to improve how talent is managed. Happy workers help...
Words: 640 - Pages: 3
...organization serves. Throughout the HR processes a main priority is the examination of the employment laws and the effects of how they are used. Divisions that house the employment laws such as the US Department of Labor (USDOL), the Equal Employment Opportunity Commission (EEOC), Department of Homeland Security (DHS), etc. are important divisions that all HR departments must maintain up-to-date information from to ensure that the processes are staying in line with the regulatory requirements such as the Americans for Disability Act of 1990 (ADA). All of these laws, acts, divisions, regulations, and requirements are what led to litigation between employees, clients served, and the organization. These types of litigations bring to mind whether or not common sense and compassion in the workplace has been reduced by this type of litigation. Effects of Legal, Safety, and Regulatory Requirements on HR Processes Laws, acts, and regulations have been placed for organizations to follow throughout history. These laws, referred to as HR laws are the main reason that there are HR and legal departments. “Understanding and complying with HR law is important for three reasons. It helps you do the right thing, realize the limitations of your firm’s HR and legal departments, and minimize your firm’s potential liability” (Gomez-Mejia, et al. p.88). Understanding these HR laws will also enable an organization to determine the effects that the laws can have on...
Words: 1149 - Pages: 5
...effectively can the judiciary check legislative and executive power in the UK? (40) Since the passage of the Human Rights Act in 1998 (HR Act) the judiciary in England and Wales have had wider scope for checking legislative and executive power. However, despite the increases in effectiveness of this function, there are still fundamental limitations that make the check on especially legislative power ineffective. First of all, the HR Act has given considerably more ability to the judges to check both legislative and executive power in Britain. This is because the HR Act requires that every bill ministers propose to be compatible with the Act. In the case of a breach, citizens or affected bodies can appeal to the judiciary that their rights under the Act have been breached. If the judiciary rule in their favour, the government is usually forced to amend the law to make it compatible with the HR Act. In this way, by notifying the government of a breach of the HR Act, the judiciary can prevent government and Parliament being too powerful. An example of this was in the case of A v Secretary of State for the Home Department (2004), where the detention without trial of 9 foreign nationals in Belmarsh prison under the 2001 Anti-Terrorism Crime and Security Act was ruled as in breach of Articles 5 and 14 of the HR Act. The government were forced to change the law and release the suspects demonstrating the definite check on power provided. Secondly, the process of judicial review is vital in...
Words: 1089 - Pages: 5
...Retention of HR records Revised July 2015 What are HR records? HR records include a wide range of data relating to individuals working in an organisation, for example, pay or absence levels, hours worked and trade union agreements. This information may be stored in a variety of media such as paper files and, increasingly, on computer databases. It is important for all organisations to maintain effective systems for storing HR data, both to ensure compliance with all relevant legislation (for example in respect of the minimum wage or working time regulations) as well to support sound personnel administration and broader HR strategy. Our factsheet on human capital has more details of how employee information can help identify the sort of HR or management interventions which will drive business performance. However, as detailed below, in the UK a complex regulatory regime governs the length of time for which HR records should be stored. The legal position Legislation There is a substantial and complex amount of legislation in the EU and UK that has an impact upon the retention of personnel and other related records in those regions. Examples of legislation dealing with particular categories of records are provided in the boxes below. Access, storage, format and destruction The Data Protection Act 1998 (DPA) applies to most personnel records, whether held in paper, microform, or computerised format. Under the DPA data must not be kept any longer than is necessary for...
Words: 2032 - Pages: 9
...of Phoenix Material Appendix A: Human Resource Risk Using the Internet, research several different HR risk management seminars. Cite at least five different seminars (these may be presented by the same company). Identify the HR risk(s) the seminar features. Create at least three questions per risk factor you would like the seminar to answer. |Seminar Title |Risk Factor(s) |Question 1 |Question 2 |Question 3 | | |FMLA abuse, termination, charges of |What defines “serious health |What are the most up-to-date changes |May an employee get disciplinary | |How to Prevent FMLA Abuse |retaliation |condition” |regarding FMLA? |action taken against them while on | | | | | |leave? | |Records Retention & Destruction for |Grey area documents, destruction of |How can HR reduce HIPPA documents? |What is the length of time types of |Is there technology software that can | |Human Resources |needed records by law, paperless | |documents must be kept? |safeguard...
Words: 457 - Pages: 2
...Human Rights 1. The nature and Development of human rights The definition of human rights * Universal Declaration of Human Rights (UDHR) sets out the fundamental purpose for recognizing human rights * In the general sense, human rights refer to basic rights and freedoms that are believed to belong to all human beings * As stated in the UDHR, these rights differ from ordinary rights under domestic law as they are considered to be universal, inalienable (cannot be taken away) and inherent to all people. Developing recognition of human rights * The abolition of slavery * The campaign for universal suffrage * The trade union movement and labour rights * The right of a group to self-determination * Emerging environmental rights * The attempt to establish a right to peace The abolition of slavery * Slavery is a type of forced labour where a person is considered to be the legal property of another * Slavery was practiced legally until the 20th century * Common forms of slavery involved: debt slavery (forced to pay off a loan with labour), slavery as punishment for crime, prisoners of war committed to slavery * Moves to abolish slavery and slave trading began in the 12th century, e.g. Iceland abolished slavery in 1117 * During the 17th – 19th century, the transatlantic slave trade (the trading of African people by Europeans, transporting them as slaves from Africa to the colonies of the New World) was in action as Europeans...
Words: 4879 - Pages: 20
...to support the HR practices 1.1 Explain why an organisation needs t collect and record HR data There are many different reasons why organisations record HR data. On the legal side there are requirements to record data. It is important that organisations are operating in line with the law and government legislations and the only way to show they are compliant is via their data records. Legally companies are required to record data such as equal opportunity, right to work, incident records, tax, pension or minimum wage to name a few. If a company is not compliant with the law it will sooner or later run into trouble and be heavily fined or worse case it will cease to exist. (Please se appendix 1). 1.2 Identify the range of HR data that organisations collect and how this supports HR practice For the company’s own benefit data are recorded to gain a better inside view of the day-to-day operation and performance. In order to remain competitive in the market and demonstrate success it is vital to record data, as they will show the company’s level of performance and what action needs to be taken to drive the business forward. Companies rely heavily on the HR operation to support the daily business on planning and decision-makings as well as the compliance with the law. Helping with the companies’ decision making and staff planning are data such as personnel records, inductions, learning and development or performance records. This list is not exhaustive. Different HR departments record...
Words: 765 - Pages: 4
...employment decisions but it also ended unequal application of voter registration requirements. When the Civil Rights Act of 1964 was put in place it ended segregation in schools as well. If this law would not be in place equality in the workplace would not have been possible and many would not be in the place they are in their careers now. The United States Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information (EEOC, 2015). EEOC also makes it illegal for anyone to discriminate against a person who has filed a discrimination complaint or someone that was involved in a discrimination investigation or law suit. With the law in place it gives the EEOC the right to investigate charges discrimination against employers that are covered by the EEOC law. When a person exposes any information or activity that is considered illegal, dishonest, or incorrect within an organization that is public or private this is considered whistle blowing. The information of alleged wrongdoing can be classified in many ways: violation of company policy, rules, law, regulation, or threat to public interest, national security, as well as fraud, and corruption. Influential Court Cases – Civil Rights Act 1964 In the case of...
Words: 2071 - Pages: 9
...Employment Law: HR Policy As the new Vice President of Human Resources (HR) for A Wonderful Place to Work, it has come to my attention that employees feel the organization does not care for them. Upon further analysis of the HR department, I have learned that there are currently no policies or procedures in place on numerous areas such as: how performance is measured, how employees are held accountable, recruiting, hiring, and terminating; nor is there any tracking on labor cost, raises or salaries, absentees, tardiness, or diversity within the organization. The President of the firm expects the HR department to turn the firm into a strategic weapon through its employees. This paper will outline how the organization can be turned around and have a competitive advantage over the competition through engaging employees. It will further outline how to measure employee value, to include utilizing employee value to become more competitive. Understanding employment laws and regulations is crucial when developing organizational policies, careful attention must be given to ensure policies do not violate laws such as: The Civil Rights Act (1964), American with Disability Act (1990), and that all employees are treated fairly. Furthermore, this paper will address the issues and challenges the HR department will face to ensure a the HR department is working strategically, how to develop a strategic management process and the steps and processes needed to strategically manage a diverse...
Words: 1837 - Pages: 8
...HUMAN RESOURCES | | Human resource is a relatively modern management term, coined as early as the 1960’s. | HR is a term used to describe the individuals who make up the workforce of and organization. Human resource function is to implement an organization’s human resource requirements effectively, taking into account federal, state and local labor laws and regulations; ethical business practices; and net cost, in a manner that maximizes, as far as possible, employee motivation, commitment and productivity. | | | 5/11/2011 | | Brief Summary This paper suggests the reasons for the emphasis upon the adding value aspect of the Human Resource department. HR is just one of several departments within a company. HR purpose and role is to achieve skilled qualified individuals and also to ensure future business plans and requirements to maximize company’s success. The processes of finding, developing, and keeping the right people to a qualified work force, are just a few of the purposes and roles of Human Resources. Recruitment and Selection Finding the best candidates for the job is a process of developing a pool of qualified job applicants. Recruitment and employee selection form a major part of an organization’s overall resourcing strategies, which identify and secure people needed for the organization to survive and succeed in the short-to medium-term. Recruitment activities need to be responsive to the increasingly competitive market to secure...
Words: 1341 - Pages: 6
...within an organization. The human resources department (HR) has the responsibility to develop strategies that allow employees to work in a safe, non-discriminatory environment with fair wages. With the development of regulatory agencies, such as the Equal Employment Opportunities Commission and the Department of Labor common sense and compassion has been reinforced with laws and regulations allowing litigation in cases of discrimination, unsafe working conditions, and unequal pay. The enforcement of these regulations by HR seems to have developed a more structured, safe environment. Human resources management (HRM) has the obligation to comply with employment, health and safety legislation. This includes federal, state and local laws that pertain to the many areas of HRM such as benefits, recruitment, and termination. HRM must stay up-to-date with legislation so that the organization is compliant and avoids costly penalties. Federal Regulations Federal laws cover the whole scope of employment, from hiring to termination. These regulations prescribe standards for wages and hours, safety and health, health benefits, retirement, workers’ compensation, working conditions, and discrimination. United States Equal Employment Opportunity Commission The U.S. Equal Employment Opportunity Commission (EEOC) is the governing body that regulates and enforces workplace discrimination. In the United States, it is against the law to discriminate against anyone because of race, color...
Words: 808 - Pages: 4
