...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, and Regulatory Requirements Valencia Simpson HCS 341- Human Resources Management March 24, 2014 Author Note This paper was prepared for Human Resources Management- HCS341, taught by Alejandra Sipion. Safety, legal, and regulatory requirements in any organization is the most important law because the department involves developing, employing, utilizing, managing and understanding the staff in an organization. According to Gomez, Mejia, Balkin, and Cardy (2010) legal concerns can play an important role in staffing, particularly in selection. Many legal restraints, particularly federal legislation such as Department of Labor, the U.S. Equal Employment Opportunity Commission affects the Human Resource Management process. This paper will discuss the effects of legal, safety, and regulatory requirements have on the Human Resource Management process. Laws and regulatory requirements are currently in place for state and federal divisions to standardize and promote workplace safety. Organizations with extensive safety programs have reduced number of accidents keeping employees safe, decreased workers’ compensation claims and lawsuits and lesser accident-related expenditures for employees who go out under worker’s compensation. (Gomez-Mejia, et al, 2010, p. 511). The Human Resource Management department must take into consideration when hiring new employees the many legal requirements that are set in place by the United States government , state, and federal...
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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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...Effects of Legal, Safety and Regulatory Requirements Teresa A. Davis University of phoenix Mary Newby HCS/341 Aug 27, 2012 Legal, Safety, And Regulatory Requirement In the United States, human resources managers must follow state and federal laws related to employment, labor relations and wages. Human resources managers must have a strong understanding of the Fair Labor Standards Act, Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act, Americans with Disabilities Act and applicable state laws. What is Title Vll? Title VII, the federal law that prohibits most workplace harassment and discrimination, covers all private employers, state and local governments, and educational institutions with 15 or more employees. In addition to prohibiting discrimination against workers because of race, color, national origin, religion, and sex, those protections have been extended to include barring against discrimination on the basis of pregnancy, sex stereotyping, and sexual harassment of employees. Currently, Title VII doesn’t include discrimination on the basis of sexual orientation. However federal legislation adding sexual orientation as a protected class against discrimination (the Employment Non-Discrimination Act (ENDA)), has been proposed in recent years. Many states have employment discrimination and harassment laws as well and may include even more protected classes – such as marital status and...
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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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...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 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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...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. Age Discrimination in Employment Act -- prohibits discrimination by employers on the basis of age. Americans with Disabilities Act...
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...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...
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...Legal, Safety, and Regulatory Requirements HCS 341 September 26, 2011 Legal, Safety, and Regulatory Requirements Human resources administrators want to improve the work environment to enhance employee performance. Regulatory practices to improve the work environment are base on works of scholars who spearheaded the scientific movement. Human resources law has taken center stage in dealing with workplace violations and excessive abuses. There are many challenges to effective performance measurement in how a human resources manager can ensure accurate measurement of a worker performance. Managers are confronted with five challenges, (1) Rater errors and bias, (2) The influence of liking, (3) Organizational politics, (4) Whether to focus on the individual or the group, (5) Legal issues (Go’mez-Mejia, Balkin, and Cardy, 2010). A rater error is an error in performance appraisal that reflects consistent biases on the part of the rater. One of the most prominent rater errors is halo error, the tendency to rate similarly across dimensions (Go’mez-Mejia, Balkin, and Cardy, 2010). If an individual does well in one aspect, this can trigger favorable reports on other aspects. The Influence of liking can cause errors in performance appraisals when raters allow their like or dislike of an individual to influence their assessment of that person’s performance (Go’mez-Mejia, Balkin, and Cardy, 2010). A manager can correlate the performer’s ratings...
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...Legal, Safety, and Regulatory Requirements Joshua A. Barron HCS/341 November 11, 2011 Lee Hoffman Legal, Safety, and Regulatory Requirements: Introduction and The Human Resource Process The Oxford English Dictionary defines Humane as being characterized by sympathy with and consideration for others; feeling or showing compassion towards humans or animals; benevolent, kind (2011). The safety, legal, and regulatory influence on the human resource department differs by organization and different types of employees. HRM is the most important department an organization can possess because the department involves employing, developing, utilizing, managing and understanding the staff in an organization. According to Gomez-Mejia, Balkin, and Cardy (2010) legal concerns can play an important role in staffing, particularly in selection. Many legal constraints, particularly federal legislation such as Department of Labor, the U.S. Equal Employment Opportunity Commission, and the Americans with Disabilities Act of 1990 affects the HRM process. This paper will discuss the effects of legal, safety, and regulatory requirements have on the HRM process. Safety 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). Organizations that succeed...
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...Legal, Safety, and Regulatory Requirements Abstract Todays’ workplace is a very diverse environment with many personalities. This diversity can create challenges 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...
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...Legal, Safety, and Regulatory Requirements Lisa Christopher HCS/341 September 12, 2011 Michelle Calvin-Casey Legal, Safety, and Regulatory Requirements In examining the effect of legal, safety, and regulatory requirements, and its impact on the human resource department process as they relate to many different entities of operations within an organization. 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. 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. All these commissions were set in to place by the United States to ensure the protection of both employees and their employers from any forms of unfair acts between each other. The persons that work within the human resource department has been versed in all the laws and regulations and are expected to abide by these laws and rules to prevent any law suits that can be filed against any organization (Gomez-Mejia, Balkin, & Cardy, 2010). Individuals need to completely understand that anyone holding a position within the human resource department...
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...Legal Safety and Regulatory Requirements Amanda Yates HCS-341 January 13, 2014 Kathy Cherry In the working world today there may be some who believe that common sense and compassion in the workplace leave no need for litigation. Some may feel as if morale is all that is needed to protect employers and employees of organizations. This is not the case by far. Although it is expected for employees in most environments to have compassion, common sense, and morale, not all employees turn out to be who they were expected to be. Litigation does replace common sense and compassion in the working world today. This is why regulations have been put in place by the U.S. Department of Labor, The U.S. Equal Employment Opportunity Commission, and the Americans with Disabilities Act of 1990. Regulations have been put in place to protect both employees and employers from being fired or mistreated for discriminative reasons or from lawsuits. Laws regarding the proper treatment of employees must be legally enforced and without enforcement there will always be someone to break the law. Human resource process requires that HR managers hire employees, provide compensation and Benefits to employees, engage in performance management and evaluation of employees as well as firing and hiring employees, provide employee health safety and prevent employee discrimination and sexual harassment among others ("Custom Writing Tips", 2012). The HR manager must also ensure that the workplace is...
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...Legal, safety and regulatory requirements on HR process Name Course Instructor Institution Date Safety, legal and regulatory matters have an enormous effect on the human resource because common sense and compassion in the workplace has been replaced by litigations. In the society today, litigation seems to be an increasing greatly and administrators try to create human resource processes that avoid any possible litigation on them and their organizations (Dimond, 2010). I completely agree with the statement “common sense and compassion in the work place has been replaced with litigation.” The number of employee who are attempting to sue or are suing an organization has increased, the reasons why employees are doing this is out of revenge and not for valid reasons. When the economy begins to spiral downwards, there is always a significant increase in litigations in the workplace. The United States is continually making aware of the reduction in the occupations available. Most people have been left unemployed due to the current recession. There is a number of employees who have been laid off from their recent jobs that they expected to have retained. Finding a job security can be hard and most employees fear their financial security. Employees who fail to land another job often choose to sue their recent employer. With an increase in the number of employees who are attempting or suing the organization that they previously worked for, administrators are adjusting the ways...
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