Free Essay

Legal, Safety and Regulatory Requirements of the Human Resource Department

In:

Submitted By sparkydelic
Words 937
Pages 4
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 the Department of Labor include the Fair Labor Standards AC (FLSA), The Occupational Safety and Health Act (OSH) which is administered by the Occupational Safety and Health Administration (OSHA), The Federal Employees’ Compensation Act (FECA) and the Employment Retirement Income Security Act (ERISA). When an employee is encountered with any issue regarding their employment at any organization, the Department of Labor can assist with knowing the rights of that employee.
The chart below is the organizational chart of the U.S. Department of Labor in depth.

The U.S. 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. It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
Most employers with at least 15 employees are covered by EEOC laws (20 employees in age discrimination cases). Most labor unions and employment agencies are also covered.
The laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits.
The Equal Employment Opportunity Commission has three major regulations. The first is processing the discrimination complaints; the second is issuing written regulations, and the third is information gathering and dissemination. When an employee feels they have been discriminated, the process begins with the filing of a complaint to the EEOC which begins the investigation followed by conciliation, and litigation. In 2007, the EEOC had a total of 82,792 filed cases in which 37% were associated with race, sex/gender was 30%, age was 23%, disability was 21%, national origin 9%, religion 3% and equal pay 1% (Managing Human Resources, 2010). With the Occupational Safety and Health Act of 1970, Congress created the Occupational Safety and Health Administration (OSHA) to ensure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance. The OSH Act covers employers and their employees either directly through federal OSHA or through an OSHA-approved state program. State programs must meet or exceed federal OSHA standards for workplace safety and health. Federal agencies must have a safety and health program that meet the same standards as private employers. Although OSHA does not fine federal agencies, it does monitor federal agencies and responds to workers' complaints. The United States Postal Service (USPS) is covered by OSHA. The Human Resource department has to deal with legal, safety and regulatory requirements on a daily basis. Understanding and knowing the laws will help to prevent managers from putting any organization into a lawsuit filed my employees. The Human Resource dept works with managers to make sure that written policies are in place, communication of the policy are understood by the employees. Common sense and compassion has been replaced by litigation. There used to be times when employees trusted that their employers would treat them right. Employees didn’t feel any threats of losing their job due to illness, race, age or sex. Many organizations have hostile environments where employers feel they can do what they want and when they want. People are not treated fairly and that’s the reason laws had to be put in place to protect the working class. Managers who take their power to another level have caused employees to file complaints. More and more lawsuits of discrimination are filed due to the negligence of employers. Just because a manager is put in a position to manage, that doesn’t mean the manager knows the job and how to treat people fairly. We are all humans working to make a living but when someone feels like they’re being mistreated; they have no other choice but to defend themselves. Complying with the human resource law is important because it’s the right thing to do. It helps managers truly understand the human resource department laws in which everyone must abide by and it helps the firm from potentially having lawsuits filed.

Similar Documents

Premium Essay

Healthcare 341 Week 3

...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...

Words: 897 - Pages: 4

Premium Essay

Legal Regulatory Requirements on the Human Resource Process

...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...

Words: 583 - Pages: 3

Premium Essay

Legal and Safety

...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...

Words: 947 - Pages: 4

Premium Essay

Safety, Legal and Regulatory

...Legal, Safety, and Regulatory Requirements Celletta Tate HCS/341 Human Resources in Health Care 2/11/13 Gina Drake The safety, legal, and regulatory is the most important law an organization because the department involves employing, developing, utilizing, managing and understanding the staff in an organization. Legal concerns can play an important role in staffing, particularly in selection (Gomez-Mejia, Balkin, and Cardy, 2010). Many legal restraints, particularly federal legislation such as Department of Labor, the U.S. Equal Employment Opportunity Commission affects the human resource process. Laws and regulatory requirements are currently in place to standardize and promote workplace safety. Organizations that have a wide range safety programs have resulted in a decrease of accidents, reduced workers’ compensation claims and lawsuits and less accident-related expenditures (Gomez-Mejia, Balkin, and Cardy, 2010). Many experts and managers in the human resource department have executed strategies to act in accordance with federal regulations to efficiently supervise employee health and safety in the workplace. An organization has the responsibility as authorized by all levels of government to offer all employees the assurance of a working environment free from health hazards. According to Gomez-Mejia, Balkin, and Cardy (2010), the two most basic workplace regulations that affect employees are workers’ compensation laws at the state level and the Occupational...

Words: 765 - Pages: 4

Premium Essay

Legal, Safety, and Requirements

...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...

Words: 791 - Pages: 4

Free Essay

Legal, Safety, and Requirements

...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...

Words: 748 - Pages: 3

Premium Essay

Legal, Safety, and Regulatory Requirement

...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...

Words: 780 - Pages: 4

Premium Essay

Legal, Safety, and Regulatory Requirements of Human Resources

...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...

Words: 1236 - Pages: 5

Free Essay

Regulatory Management Paper

...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...

Words: 1149 - Pages: 5

Premium Essay

Hcs 341 Week 2

...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

Premium Essay

Legal, Safety, and Regulatory Regulations in Hr

...Legal, Safety, and Regulatory Requirements HCS/341 February 1, 2014   Legal, Safety, and Regulatory Requirements The course syllabus for Human Resources in Health Care by Brown (2010) makes a debatable statement: "Common sense and compassion in the workplace has been replaced by litigation" (Version One). I disagree with this statement. Common sense and compassion are relative to the supplier. Therefore, federal regulatory agencies have ebeen created to establish and enforce legal, safety and regulatory requirements. In an effort to originate these regulations, the federal government has established the U.S. Department of Labor, U.S. Equal Employment Opportunity Commission, the Americans with Disabilities Act of 1990 and the Department of Homeland Security. Legal Regulations Legal regulations about topics such as wage requirements, work hour requirements, and medical or family leave time is enforced by the U.S. Department of Labor. One example of this agency's oversight is the provision of protected break times for breastfeeding mothers. According to "U.S. Department Of Labor" (2014), "The Patient Protection and Affordable Care Act amended section seven of the Fair Labor Standards Act to require employers to provide reasonable break time for an employee to express breast milk for her nursing child for one year after the child’s birth each time such employee has the need to express the milk" (Wage and Hour Division: Break Time for Nursing Mothers). Signed...

Words: 779 - Pages: 4

Premium Essay

Syllabus

...Syllabus | | |College of Natural Sciences | | |HCS/341 Version 1 | | |Human Resources in Health Care | Copyright © 2010 by University of Phoenix. All rights reserved. Course Description This course examines the complexities and multiple issues involved in human resources management in health care organizations. Students will examine the strategic role of human resource management in response to changes in the health care industry. In addition, issues such as recruitment, retention, performance management, organizational development, and employee relations are examined. Federal, state, and professional regulatory requirements specific to health care are emphasized. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the...

Words: 1481 - Pages: 6

Premium Essay

Legal, Safety, and Regulatory Requirements

...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...

Words: 787 - Pages: 4

Free Essay

Legal, Safety and Regulatory Paper

...Legal, Safety and Regulatory Paper Name Institution Legal, safety and regulatory paper It is important that legal, safety and regulatory requirement be considered by human resource departments to ensure that a company secures the best employees for their advertised jobs. A great number of individuals across the globe qualify for various job positions but one thing that determines how best fit they are is their level of commitment and the skills they have (Mathias and Jackson, 2010). A company has to ensure that an individual fit for the job conforms to the legal requirements as it is stipulated in the country’s constitution, thus acknowledging his or her rights as an employee. With the above in mind, common sense and compassion has been replaced by litigation because most companies do not consider the importance of their employees having the right to legal, safety and regulatory requirements when carrying out the recruitment process. It is common sense that people need to work as a nation and not bonded by employment discriminative lines whereby issues such as race, sex, color and religion are given an upper hand. Under title four of the Civil Right Act of 1964, the constitution of the United States America prohibits employers from discrimination anyone while carrying out their recruiting process (Renckly and Renckly, 2004). The market available consist of people who are willing to put their races, sex and color away and focus on achieving the same goal for the betterment...

Words: 783 - Pages: 4

Free Essay

Human Resource

...Legal, Safety, and Regulatory Requirements Paper Alexis Shealey HCS/341 January 30, 2012 Matt Dennis Legal, Safety, and Regulatory Requirements Paper In this paper the writer will explain examination of legal, safety, and regulatory requirements on human resource process, explanation of why the student does or does not agree with this statement “Common sense and compassion in the workplace has been replaced by litigation”, and the focuses on employee-related regulations such as U.S. Department of Labor, U.S. Equal Employment Opportunity Commission, The Americans with Disabilities Act of 1990, and Department of Homeland Security. The human resource 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 the organization serves. Throughout the process a main priority law are intended to bring harmonious working relationships between parties at the workplace. Human resource experts and managers have implemented strategies to comply with the federal regulations to supervise employee health and safety in the workplace. Laws and regulations at the federal, state, and local levels show companies conduct staffing. Three sensitive areas of legal concerns that managers must comply with are equal opportunity, affirmative action, and sexual harassment. Individual are protected from illegal discrimination which occur when people who share...

Words: 801 - Pages: 4