...Legal, Safety, and Regulatory Issues of Human Resources Tara Moreno HCS/341 August 24, 2015 Angela Thomas Human resources are greatly impacted by the legal, safety, and regulatory issues that pertain to their company’s employees. The statement, “common sense and compassion has been replaced with litigation”, implies that companies today have become so engrossed with avoiding legal liabilities and lawsuits by employees that a cold management style becomes the result. Human resource managers must be well informed of regulations and laws in place that protect employee and employer rights and enforce employer responsibilities as they pertain to legal, safety, and regulatory issues in the workplace. There are many legal issues that companies must adhere to that are enforced by the Department of Labor. These laws are set in place to protect both the employee and the employer and to ensure fairness and ethical behaviors within the workplace. Some of the legal aspects of human resources that are governed by the Department of Labor include, but are not limited to; wages and hours, workplace safety, and the Family and Medical Leave Act (FMLA) ("U.s. Department Of Labor", n.d.). Employers are required to pay minimum wage to non-exempt employees for regular hours worked and time and a half pay when overtime hours are worked. The standards for wage and overtime pay are set forth by the Fair Labor Standards Act (FLSA), while the Wage and Hour Division enforces these standards. Additionally...
Words: 897 - Pages: 4
...March 11, 2014 Legal, Safety, and Regulatory Requirements Introduction Law and regulations are in place to systematize and encourage workplace safety. According to the bureau of labor statistics, between 2010 and 2013 here in Texas there average of workplace injuries was 433 each year and between the years of 2008 to 2011, an average of 564 work – related homicides ("Fact Sheet, workplace shootings and injuries," 2013, para. 2). As employees we have a right to a safe workplace according to the OSH Act (Occupational Safety and Health Act of 1970). “The OSH Act was passed to prevent workers from being killed or seriously harmed at work. The Act created the Occupational Safety and Health Administration, which sets and enforces protective workplace safety and health standards ("You have the right to a safe workplace," 2013, para. 1) This paper reviews the effects of legal, safety and regulatory requirements. Deciphering what is the standards for common sense and compassion and has it been replaced with litigation in the workplace. What are the employee-related regulations in the workplace? Legal, safety, and regulatory Workers are entitled to a workplace that is not subject to risk and harm. Human resources managers follow the important standards of OSHA, limit the amount of hazardous chemicals in the workplace. Require the use of specific job-related safety practices and equipment. Educate employees on the information about hazards chemicals, standards for prevent of...
Words: 1056 - Pages: 5
...Legal, Safety and Regulatory Requirements Paper Kayla Lysak HCS 341 September 2, 2013 Paul Farber Legal, Safety and Regulatory Requirements Paper This paper will be examining the effect of legal, safety, and regulatory requirements on employee-related regulations that have been established by the Department of Labor, Occupational Safety and Health Administration and the Equal Employ Opportunity Commission. It will also be addressing whether common sense and compassion within the workplace has been replaced by litigation and the importance of the Human Resource Department. Legal, Regulatory and Safety requirements greatly affect the human resource department of any organization due to the fact that they ensure all employees are treated equally and fairly. The human resource department has been established within organizations to ensure that all employees have a place to go to discuss problems and any fears they may be having. There have also been other agencies set up to make sure these things are being taken care of. The Equal Employment Opportunity Commission, The Occupational Safety and Health Administration and the Department of Labor have been set up to make sure that no violations of employee’s rights are overlooked. The EEOC (Equal Employment Opportunity Commission) was established on July 2, 1965. The EEOC is the agency that is responsible for enforcing the federal laws that are in place to ensure the illegal discrimination against job applicants and employees...
Words: 797 - Pages: 4
...Human resource administration is the job carried out in companies which facilitate the most efficient use of folks to accomplish organizational as well as individual objectives. This document will discuss/explain EEO and Affirmative Action, Human resources planning, hiring, as well as selection, Human resources improvement, Pay and perks, Safety and Health, and Employee and labor relationships, and how these factors work collectively to execute that primary job. And in case any factors are more essential as compared to the others, and how the HRM part can be improved for forming organizational and worker behavior. (Youseef, 2012). The main job of human resource administration is to enhance the efficiency and contribution of workers in the achievement of organizational objectives and goals. When this is carried out efficiently, it can make the main difference between an effective company and a failed company. Companies greatly concentrate on human resource administration and all of these factors. The main job of human resource administration is to enhance the general efficiency and make sure workers are accomplishing the strategic objectives and goals of the company. Human resource administration can also enhance spirit, output, promote retention, and assist companies increase efficiency to make sure their long term strategic objectives are achieved. The end result from these actions can assist a company efficiently use employee skills to create new possibilities ...
Words: 1904 - Pages: 8
...Legal, Safety, and Regulatory Requirements Paper HCS – 341 Human Resources in Healthcare Instructor John Hulsebus, MBA, SPHR We define compassion as an empathetic emotional response to another person’s pain or suffering that moves people to act in a way that will either ease the person’s condition or make it more bearable (Lilius, 2003). The legal, safety, and regulatory impact on the human resource department greatly vary by which type of business and which type of employees. The rights of both employer and employee are covered by several different entities such as the National Labor Relations Board, Equal Employment Opportunity Commission, and the Occupational Safety and Health Administration. These have been set in place by the United States so as to protect both employer and employee from unfair acts on either’s part. In the few following paragraphs the effect of legal, safety, and regulatory requirements on the human resource process, an insight into the statement “Common sense and compassion in the workplace has been replaced by litigation”, and a brief look at the impact of the Department of Labor, U.S. Equal Employment Opportunity Commission, The American’s Disability Act of 1990 on the human resource processes. The individuals within the human resource department must be well versed in all the laws and regulations as set by the United States as they are expected to abide by these laws and rules. Once the potential employee has signed an employment contract...
Words: 969 - Pages: 4
...Assessment 1 Task BSBHRMSO1A Manage human resources services Procedure Review casestudybelow JKLIndustries, the for and: t. ' "' ;, ,, Determine humanresources requirements. ,.,, plansto determine Analyse strategic operational humanresources the and for of services. requirements develop and options the delivery humanresources mechanisms. a. Determine appropriate consultation b. Howwouldyouengage stakeholders? key including requirements for: c. Develop HRstrategy a approach i. recruitment ii. performancemanagement iii. remuneration benefits and iv. education training. and Document a writtenreport. in two for of and 2. Develop leasttwo options the delivery HRservices select at of alternative models the delivery HRservices. for Foreachoptiondocument: a. whatthe advantages the modelare of are b. whatthe risksto the organisation are c. whatthe coststo the organisation goals the d. howthe models support organisational with: e. howyouwouldensure options the comply i. awardand enterprise agreements instruments ii. relevant industrial relations industry codesof practice iii. relevant relations anti and EEO, industrial iv. legislation suchas OHS, discrimination. usingeithera writtenreport, to Document a presentation management as presentation a combination methods. of or PowerPoint above. for for of strategies the delivery HRservices one of the options 3. Develop a. Document...
Words: 2763 - Pages: 12
...the conduct of dealing with what is good or bad and right or wrong. The same values that determine an individual’s conduct also apply to business. In today’s world, ethics is a fundamental aspect when it comes to managing a business. Business ethics are moral principles that provide a guideline to organizations regarding how a business should run. A business that is ethical will also recognise the responsibility for minimising the non-financial costs. Human Resource Managers (HRM) plays an important role when it comes to guiding the organization in an ethical way as they are in charge of ethical issues that arise from the employer to employee relationship. The Human Resources (HR) function deals with a wide range of responsibilities and also it includes many ethical issues which may damage a company’s reputation and financial statistics if not handled properly (Ingram n.d.). They are obliged to run their duties ethically when employing people, conducting performance appraisals and ensuring health and safety in the workplace. Most importantly, they play a role in creating a culture of mutual respect and dignity. HR managers can guide employees understand the ethical issues using behavioural role modelling, personal reflection and moral dilemma discussions (Wells & Schminke 2001). The primary responsibility of a HR manager is the recruitment and selection of employees. They have to meet workforce demand and supply. In the recruitment process, the HR manager is required...
Words: 1060 - Pages: 5
...FACTORS WHICH LEADS TO LESS Accidents at workplace FACTORS WHICH LEADS TO LESS Accidents at workplace Hari Teja Reddy Koduru (080) Puneet Putharan Sachin Shukla Hari Teja Reddy Koduru (080) Puneet Putharan Sachin Shukla Contents Abstract 2 Introduction 2 Research Objectives 2 Literature Review 2 Research Methodology 3 Questionnaire Development 3 Profile of Respondents 3 Analysis Method 6 Data Analysis 6 Managerial Implications 6 Conclusion 6 References 6 Abstract Introduction In a manufacturing industry, Safety is one of the most critical factor. Research Objectives Literature Review At a time when many companies are emphasizing on improving their business processes, operational efficiency and enhancing pro people focus, safety is one of the most important areas of improvement. It becomes even more critical in a labor intensive industries like manufacturing and construction. Most of the industries have adopted a well set standard operating procedures and efforts are on to get it better day by day. The focus of our study has been to identify the factors which affects the safety awareness, minimizes accidents at workplace and as a result meets operational efficiency of the organization. When the effect of these factors are positive, we may conclude that the organization is people oriented. Previous Studies: One of the earlier studies in this area was conducted by Cox & Cox in the year 1991 for European...
Words: 800 - Pages: 4
...Health & Safety (H & S): Health & Safety in the workplace first became a concern in the early 19th Century when the UK’s Factories Act appointed just four inspectors to regulate safety in more than 3000 child textile factories. Healthy and safe workplaces are fundamental to achieving productive work and high quality working lives. Nowadays many companies are committed to providing a safe workplace for its employees and improving their health through better diets, work practices and lifestyles. A Health and Safety Management system is a complete process of hazard identification, risk assessment and control, employee training, record keeping, program assessment and management involvement throughout, designed to effectively manage and ensure continued employee health and safety in the workplace. Safety and health management system can be important for moral, legal, and financial reasons. All organizations have a duty of care to ensure that employees and any other person who may be affected by the companies undertaking remain safe at all times Relevance of the topic in HRM Occupational Health and Safety has become a highly specialized area with important legal responsibilities and implications. The function is not always part of the human resource management role, but is intricately related to human resource functions, and particularly to the area of risk management. The areas of employee health and wellness and employee assistance programs are newer areas of human resource...
Words: 2136 - Pages: 9
...Common Sense and Compassion in the Workplace Deborah Myles-Green PA10BHA08 May 26, 2011 Dr .Lena Watson Common Sense and Compassion in the Workplace This paper will provide a clear understanding of the following question. Has litigation replaced common sense and compassion in the workplace? When reaching this topic I found that the National Center for Preventive Law has provided information stating that society has a heightened awareness of and acceptance of lawsuits. The workplace currently has the need to address drastic changes in society and employment law which have prompted increased litigation. In the last decade the shift to employment at will has increased. I disagree with the statement that common sense and compassion has been replaced with litigation in the workplace. Legal There are laws that prevent employer from saying and doing things to employee that is not lawful and legal. Generally, the laws that protect an employee’s rights arise from three sources. Those contained in an employment contract that the employee has signed and dated. Laws that arise under common laws these laws are called judge-made laws and statutory law these are the laws that are passed by a legislative body. In limited circumstances an oral employment contract can also provide an employee with an cause of action. In my research I found the following laws allow employer to work effective under the following laws that have been implemented...
Words: 823 - Pages: 4
...Legal, Safety, and Regulatory Requirements By: LaTreena Alexander HCS/341 March 11, 2013 Margaret Brennan In the beginning of this assignment it will be provided with a summary that examines the affect of legal, safety, and regulatory requirements on the human resources process as it relates to common sense and compassion in the workplace and whether or not litigation has replaced it. Furthermore, the information provided will go on to explain if one agrees with this statement and why, and identify regulations put in place by the United States, and base the finding on The Equal Employment Opportunity Commission agency that will be provided within the instructions given for the assignment. Within the procedure of understanding the affect of the human resources process department one will have to understand that the human resources department has a very important job. The job of this agency is to make sure the rights of employees and employers are covered and protected by the National Labor Relations Board, and the main purpose to provide protection against discrimination based on individual ethnic backgrounds, color, individual religious preference, age, disability and gender. The Safety and Health Administration has a responsibility to set certain guidelines for the employees who have been exposed to hazardous health and safety materials that are found inside the workplace. In past years statistics have shown and proved that over 4.1 million employees were hurt or...
Words: 652 - Pages: 3
...Legal, Safety, and Regulatory Requirements Paper In examining the effects of legal, safety, and regulatory requirements, and its impact on the human resource department process as they relate to many different parts of operations within an organization it was found that these entities impact the human resource department by ensuring the rights of the employer and employees are covered by the National Labor Relations Broad; its purpose is to protect the rights of the employee and the employer. The Equal Employment Opportunity Commission; it is a protection which there cannot be no discrimination that is based on race, color, national organ, religion, sex, age, and disability. Safety and Health Administration; has the role in which issues standards in controlling employees that are exposed to health and safety hazards that are in the work place. According to the Bureau of Labor, statistics show that more than 4.1 million people were hurt or injured on-the-job in 2006 and 5,488 were killed in 2007 (Gomez-Mejia, Balkin, & Cardy, 2010). Laws and regulatory requirements are currently in place to standardize and promote workplace safety. Organizations with extensive safety programs have reduced number of accidents, decreased workers’ compensation claims and lawsuits and fewer accident-related expenses (Gomez-Mejia, 2010). Many Human Resources experts and managers have implemented human resources strategies to comply with federal regulations to supervise efficiently...
Words: 1088 - Pages: 5
...The Human Resource Department has many legal laws, safety laws and requirements to abide by to prevent law suits against companies. The Human Resource Department must follow the rules given by the U.S. Department of Labor, the U.S. Equal Employment Opportunity Commission, the American with Disabilities Act of 1990, the Department of Homeland Security, and many other laws. Each law is accompanied by a set of regulations cover all aspects about the law. These laws were put in place to prevent any manager from feeling like they can fire or mistreat any employee without probable cause. To completely understand the Human Resource Law, anyone in a Human Resource position has to have the knowledge of their job and the resources to look up additional information if needed to prevent lawsuits. The Human Resource Department is responsible for keeping records, writing and implementing good HR policies and monitoring the firm’s Human Resource Department closely. The U.S. Department of Labor administers and enforces more than 180 federal laws. These mandates and the regulations that implement them cover many workplace activities for about 10 million employers and 125 million workers. The U.S. Department of Labor’s mission is to foster, promote, and develop the welfare of the wage earners, job seekers, and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights. Some of the major laws of...
Words: 937 - Pages: 4
...Legal Obligations Arising From the Employment Relationship Shelena McClinton HRM 546 November 12, 2012 David Cory Legal Obligations Arising From the Employment Relationship The privacy of the individual is the most important right. Without privacy, the democratic system that we know would not exist. Privacy is one of the fundamental values on which our country was founded. There are exceptions to privacy rights that created by the need for defense and security (MBA Knowledge Base). This paper will discuss legal invasion of privacy method’s that employers can use. The violation of these rights lead employees to form unions to make their voice heard. Health Insurance Cost vs. Privacy The question of whether or not something constitutes discrimination is completely dependent on the evaluator’s point of view. For example, if a person believes that a pre-employment drug screen is discrimination because it is no one’s business if someone has an alcohol or substance abuse problems an employee may have. If an employee is getting his or her job done, it does not matter what he or she is doing in their personal life. On the other hand, if an employee job requires driving for work related business and they drive under the influence. What if they injure someone or he or she need to go to rehab, thus filing numerous insurance claims, would it have been nice to know the potential risk before hiring? Companies are always looking for ways to reduce cost; this forces employer...
Words: 1222 - Pages: 5
...Wilson HSA 530 Healthcare Human Resources Management Dr. Queensberry May 5, 2013 1. Abstract In this paper I will explore which laws needs to be closely monitored in my organization and state why, also I will develop a sample job description for the actual role you perform or desire to have and demonstrate how I would protect my company from claims that what employees are asked to do once hired were not a part of the job description, next I will discuss steps you should take to protect your organization from possible litigation when hiring a new employee and last I will discuss steps I should take to protect my organization from possible litigation when terminating that same employee. 2. Determine which laws need to be most closely monitored in your organization and state why. Employee Benefits: * Human resources employment laws pertaining to employee benefits include the Consolidated Omnibus Budget Reconciliation Act and the Health Insurance Portability and Accountability Act, called COBRA and HIPAA, respectively. Where applicable, COBRA permits employees to continue their health insurance benefits after termination or another qualifying event. A qualifying event may range from divorce or legal separation to an employee's reduction in hours, which renders him ineligible for benefits through the employer's group health plan. HIPAA mandates strict confidentiality provisions for employees' medical information. Human resources policies related to HIPAA...
Words: 1880 - Pages: 8
