...Legal, Safety, and Regulatory Issues HCS 341 April 4, 2011 Abstract Legal, Safety, and regulatory issues all have a large impact on the human resources process as they relate to the statement “Common sense and compassion in the workplace has been replaced by litigation.” In today’s society litigations seem to be an increasing greatly, and administrators do their best to create human resources processes that avoid any possible litigations on them and or their organization. I completely agree with the statement “common sense and compassion in the workplace has been replaced by litigation.” There has been an extremely large increase in the number of employees who either sue or attempt to sue an organization and often out of revenge and not because of a valid reason. It seems that litigations in the workplace increase more as the economy continues to spiral downward. America is constantly made aware of the reductions in jobs that are still available. Many individuals are left without a job due to the recession that the economy is currently going through. There are many individuals who have also been laid off from the jobs that they once were employed by and expected to always have available to them. Job security is hard to find and employees fear for their financial security. What’s more, those who are unable to land with another employer often choose to sue (Maatman Jr.). Due to the rise in the number of employees who sue or attempt to sue the organization that...
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...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...
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...Legal, Safety, and Regulatory Requirements HCS 341 July 4, 2011 Legal, Safety, and Regulatory Requirements The phrase ‘common sense and compassion in the work place has been replaced by litigation’ is common in a majority of workplaces. Litigation is defined as carrying on with a legal contest by judicial process (Merriam-Webster, 2011). The phrase indicates that legalities have taken over the process of personally making sound judgments and being personally being aware of others issues. Concentration on workplace safety, legal issues, and other regulations has taken precedence to many aspects of our employment; in some cases, more so than customer satisfaction. The customers’ wishes and treatment in the past was always thought to be the most important thing and something that should never be negotiated. However, government and regulatory agencies have indicated that safety and legal rights of the employer, employee, and customer should be protected and primary concern. The Occupational Safety and Health Administration (OSHA) as well as the Centers for Disease Control (CDC) have set safety and regulatory guidelines which protect the employer from causing damage to property, employees, and customers. These guidelines can be viewed as protecting all parties involved in an organization as the employee is protected from workplace injury or exposure and the customer is protected from injury and exposure while being involved with an organization. The CDC has set guidelines...
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...Legal, Safety, and Regulatory Requirements Paper Leah Smith HCS/341 March 21, 2011 Norman Greene Legal, Safety, and Regulatory Requirements Paper The human resources department in every organization is responsible for ensuring that the organization follows all legal, safety, and regulatory requirements when dealing with the employees of the organization as well as with the clientele that the 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...
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...Legal & Safety Felisha Torres HCS/341 Angela Thomas March 12, 2012 Legal & Safety A huge effect of legal, safety, and regulatory requirements are significant when it comes to the human resource process. It is important for all human resource departments to be fully aware of safety, legal, and regulatory requirements for the protection of both the employer and the employee. I agree with the statement “Common sense and compassion in the workplace has been replaced by litigation.”. Furthermore, there have been many employee related regulations that have been set forth ; an example of such is the Family and Medical Leave Act (FMLA). The human resources process is built on legal, safety, and regulatory requirements that all HR personnel must abide by. The legal effect on the human resources process allows HR to do the right thing, to realize the limitations of your firms HR and legal department, and it allows the HR department to minimize the firm’s potential liability. Doing the right thing regarding the HR department will give each individual an equal chance at employment. Complying with state and federal laws is not only mandatory it is the “right thing to do”. There are certain results that can be a result of not doing the right thing; those things include low job satisfaction, poor job performance, poor employee morale, and could cause potential legal liability. Equal Employment opportunity laws also known as EEO laws were created to give individuals...
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...Week Four Student Guide This week, you address the concepts of employment and regulatory risk as a means to distinguish between the employee-employer relationship and the associated legal considerations. As an example, you consider legal considerations such as discrimination in the workplace. You also study regulatory compliance issues for an organization, as well as the associated business consequences. The readings focus on workers’ compensation, occupational safety, and other worker protection laws, with a specific attention to the Family and Medical Leave Act. This week also covers the collective bargaining agreements and labor law, as well as several laws and decisions a company must make regarding these labor law issues. In addition, you examine equal opportunity in employment and Title VII, including what comprises this significant law. You review regulatory laws, environmental protection and global warning, as well as antitrust laws and unfair trade practices. The readings focus on introductory concepts and the laws that support these concepts. Employment and Regulatory Risk OBJECTIVE: Differentiate between types of employment relationships and the associated legal considerations. Resources: Ch. 31 & 32 of Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues Content • Ch. 31: Employment, Worker Protection, and Immigration Laws o Introduction to Employment, Worker Protection, and Immigration Laws ...
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...Legal, Safety, and Regulatory Requirements Every organization is responsible for ensuring that the organization follows legal, safety, and regulatory requirements when dealing with the employees of the organization. This responsibility falls to the human resources department. The human resources department must be experts in these areas to fully be able to train the employees. Has common sense and compassion in the workplace has been replaced by litigation. Let us take a look at the past six years. The Equal Employment Opportunity Commission has show that all of the suits that have been filed have decreased in the last six years. In 2006 there were 403 suits filed compared to 2011 where only 300 suits filed. There were 294 civil right suits in 2006 and only 162 in 2011. Equal pay suits went down from 10 to two in the last six years. The Secretary of Labor report to the president reported that there were 53 Federal civilian workforce fatalities in 2010 that number has decreased to only 21 in 2012. The stats show that common sense and compassion have not been replaced by litigation. The Occupational Safety and Health Act (OSHA) was established in 1970 was “created to assure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance” (OSHA, 2010). Employers are not the only ones responsible for safety in the workplace. “Employers have to provide a safe and healthy...
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...Legal, Safety, and Regulatory Requirements Destiny Hill HCS 341 October 24, 2011 Legal, Safety, and Regulatory Requirements The development of the Human Resource Department has facilitated a safety net for all employees to fall under and build a stable environment for employees to feel safe and secure. In the health care environment the workplace is filled with different personality types. The differing needs creates a challenge for the department of human resource in maintaining a safe and comfortable workplace. To balance and create a structure environment the Department of Labor Law and the Equal Employment Opportunity Commission have set laws in which must be complied by both the organization and the employee. The common sense and compassion in the workplace have been replaced with litigation to better serve and protect the workplace. Discrimination plays a vital role in employee satisfaction and should employees consider he or she is being discriminated against for any reason have rights to be protected. The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal laws that make it illegal for any workplace to discriminate an employee because of race, color, religion, sex, national origin, age, disability, or genetic information (U.S. Equal Employment Opportunity Commission, n.d.). Training and education on preventing discrimination is emphasized by The Equal Employment Opportunity Commission. The EEOC...
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...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...
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...accident that may occur a result with use of that product, then the consumer is liable. But producers and manufacturers are not exempt being that it is there product, and this is where legal liability issues occur. “Product liability refers to the responsibility of manufacturers for injuries and damages caused by their products” (Hellriegel & Slocum, 2011, pg. 52). In this paper, I will examine the Toyota Motor Company and how this company has been the subject of a product liability lawsuit. First, I describe the company and the product safety issue that led to the lawsuit. Next, I will discuss the legal theories used by the plaintiff to recover in this lawsuit, how the lawsuit was resolved, and why I agree with the decision in the case. Then, it will be relevant to mention the changes that have taken place in the company to ensure greater safety of this product or its products, including specific policies that the company has put in place to protect consumers and end users who purchase and use its product. Afterwards, I will discuss the regulatory agency that oversees the particular industry the company is in, how it ensures quality assurance and compliance, how it addresses product safety, and how the company in question can work with the regulatory agency to improve operations and product safety. Lastly, there will be recommendations made to the company about avoiding future lawsuits and discuss the ethical theories you would use to support your advice. Describe...
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...Kudler Fine Foods Legal Analysis Obtaining timely and accurate legal advice is a critical necessity in the modern corporate world and like all industries legal professionals are area specialists. Today’s lawyers may work exclusively with labor issues, negotiations, taxes, contracts, litigation or general corporate law, to mention a few. Retaining one skilled attorney able to navigate the entire scope of Kudler’s needs is unlikely and therefore Kudler will need to retain a corporate law firm to represent all of its interests. According to Kudler Fine Foods (2011) website, Kudler currently uses Anne Shousha, Kathy Kudler’s sister-in-law, as its legal counsel. Anne is reportedly a successful tax attorney employed by an accounting firm in San Diego, California (Legal Overview). Additionally, Kudler’s contact with Anne is screened by Kathy and conducted either by phone, at family events or on the rare occasion in a face-to-face meeting. Historically, Anne has not billed Kudler for the telephonic or casual consultations but does bill at $100.00 per hour for formal meetings. At this time, Kudler’s policy regarding internal legal issues is one in which customer or employee injury’s are reported by the Store Manager to Kathy and she then notifies Anne. Store Managers are free to identify potential legal concerns and suggest them to Kathy but the ultimate decision to elevate to Anne rests with Kathy. According to Kudler Fine Foods (2011) website, Kudler “has had only a few customer...
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...Re: Discussion on the process of selecting decision alternatives for the whistle issue of the toy company, evaluating theadvantages, disadvantages, legal, financial and ethical considerations involved in the various alternatives.The purpose of this memo is to outline three possible decision alternatives to address the problem of small lead traces tocontents of metal whistles produced by a U.S toy company due for shipment to South America; by discussing the methods forthe selection of decision alternatives, the advantages, disadvantages, ethical considerations, financial and legal prospective ofthe each decisions . The memo will further justify and analyze the impact of the recommended decision on customerrelationship as well as demonstrate the role of ethics and social responsibility in choosing this decision.While important financial or strategic information is used in the decision-making process, business ethics has become anincreasingly popular tool used in making decisions. Business ethics is commonly referred to as the professional judgment orethical perspectives used by an individual or a company executive team in resolving moral or ethical problems in business. Inresolving the problem of the lead-contaminated metal whistles, I will discuss three possible decision alternatives, methods ofselection of the alternatives, pros and cons of the alternatives as well as potential legal, financialand ethical consideration involved in the selection. Ethical decisions-making can be...
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...Legal, Safety, and Regulatory Paper By: Mary Bell University of Phoenix Professor: Edna Wilkerson HCS/341 Working is a way of life in all cultures. Regardless of where you live, you will find people working hard for various reasons and various responsibilities. Some people work just for a mortgage, car note, car insurance, food, and health insurance. Others may work for less or more reasons and responsibilities. Whatever the reason for working, we can all agree that working is necessary to provide for yourself and also for your family. In most occupations, especially in America, we will find that there are all kinds of legal, safety, and regulatory issues at work in the Human Resource Department. Usually, in the beginning of the hiring process, a manager will instruct the new hire to read all the Code of Ethics, Code of Conducts, and Human Resource Guide which in turn should help to benefit the employee because he/she understands the rules and regulations and can become better equipped with the knowledge gained. In the workplace, we have all sorts of safety issues to watch for. Many of us must watch a video on properly handling packages and bending the correct way when picking up items that are potentially heavy and can injure you if neglecting to follow the safety procedures. We have to make sure that we are aware of the exits in the building, water spills, and ladders being out of place and making sure that we are taking precaution every time we clock in to work our...
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...Legal, Safety, and Regulatory Requirements Human Resource (HR) managers have a daunting responsibility in the workplace He or she must maintain a balance between a company’s agenda and employee rights, which is not always easy. It is essential that an HR manager is aware of the numerous laws and regulations in place, such as employment laws regulated by the Equal Employment Opportunity Commission (EEOC) which include discrimination of any kind, as well as safety regulations, privacy issues, and overall fair treatment of all workers. It would be nice to say that common sense and compassion rule the day in the health care industry, but it has been the author’s experience that is not always the case. For instance, the use of personal protective equipment (PPE) is essential in some circumstances, but invariably there will be someone who will have to be told to use PPE, such as goggles or gloves, in a dangerous situation. Common sense would dictate an automatic response toward protection, however certain individuals need guidance. Compassion in the workplace seems to be reserved for the consumer and not the worker, otherwise there would be no such thing as harassment laws. Common Sense and Compassion have been replaced by Litigation There may have been a time when this statement was not true, but unfortunately that time has passed. When a look is taken at all the regulatory boards and government agencies, involved in employee issues, it is clearly a “sign of the times” we live...
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...Legal, Safety, and Regulatory Requirements Gary Allford HCS/341 8 August 2011 Lee Hoffman Legal, Safety, and Regulatory Requirements According to the Bureau of Labor, statistics indicate 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, p. 511). 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 lesser accident-related expenditures (Gomez-Mejia, et al, 2010, p. 511). This paper discusses the effects of legal, safety and regulatory requirements in ensuring employee safety and welfare in the workplace. In addition, it will also discuss other employee-related legal regulatory requirements and topics pertaining to human resources process in hiring employees to prevent costly litigation. Safety and the Law Many Human Resources (HR) experts and managers have implemented HR strategies to comply with federal regulations to supervise efficiently employee health and safety in the workplace. An organization has the responsibility as mandated by all levels of government to offer all employees the assurance of a working environment free from health hazards. The two important workplace regulations in place that affect employees at all levels are workers’ compensation laws at the...
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