Law 1: Fair Labor Standards Act
The Fair Labor Standards Act gives direction on how much employers should pay employees as per the number of hours they have worked. It is important to note that there are different pay rates for different jobs due to the requirements needed (Pozgar, 2019). For instance, people with degrees will ear n more while working less hours compared to casual workers. However, such remuneration has to be fair for all parties in order to also satisfy their basic needs.
Additionally, the Act also guides on how to pay immigrants based on the various types of Visas they carry. Critically, it restricts the number of hours children can work (where applicable so that it is not child labor). The concern for child labor is well captured in the Act to guarantee that no one takes advantage of children.
It is important for human resources to fully vet an employee in order to make sure that they have not falsified their documents. The issue of document falsification is complicated since the people normally accused of such a crime are in dire need of finding employment (Pozgar, 2019). However, the law is clear in order to ensure that no one is misused due to their situation. In as much as the law protects the employee – to determine he or she is paid fairly – it also protects the employer. The employee has to be truthful in order for both parties to work effectively. Secondly, human resource management has to certify that all new and current employees know about this law so that senior management does not take advantage. This will also make certain transparent relations between human resources and staff.
To allow compliance with the law, I will ensure all employees are knowledgeable on the importance of fair labor. This will increase the knowledge of why the law is important, how it protects both the employee and the employer, and how to resolve issues concerning the payment (Pozgar, 2019). Training on the law and its violations also guarantees that everyone is on the same page. In turn, it allows for transparency and accountability in regard to the critical matters that affect human resource management. Indeed, whereas the law does not dictate how employers and employees can handle promotions, it does guide on how the compensation for the various levels should be. This safeguard the idea that staff are compensated for their efforts, skills and even education. The same applies to immigrants who might often be mistreated because of their status.
Law 2: Immigration and Nationality Act
The Immigration and Nationality Act is critical in ensuring that all employees in the workplace are respected and treated fairly (Bales & Garden, 2019). There are numerous ways in which employees have to be treated fairly. For example, treating one respectfully means paying them a fair remuneration for their efforts. Additionally, it also means providing a safe and progressive work environment. Further, it implies that the employees have to treat each other with respect. There are numerous things that one has to consider when thinking about the diverse nature of today’s workplace. One of the factors that have to be considered includes the different types of immigrants that are found in the work environment/company. As mentioned earlier, the issue of immigrants is complex due to their need for work despite not having the right documentation at times.
The first violation is lying about immigration status. This is a complicated topic, but the law is in place to protect both the immigrant and national employees. Additionally, there are companies/organizations that misuse the status of an employee for their own advantage (Bales & Garden, 2019). For instance, nationals are offered lower pay since illegal immigrants are also offered low remuneration. This creates not only a dislike for the sector (industry) due to their offers but also a strong hate for immigrants as they are blamed for the same. Human resource management has to streamline everything to avoid such concerns. On the same note, immigrants are mistreated due to the fact that they are not nationals or do not have the right documentation. All these elements are considered violations of the law.
The concern of employee paperwork includes ensuring all immigrant employees have their documents. It is also important to ensure that all nationals have their documents such as national identity card, social security number, etc. This allows human resources to protect both the immigrants and national employees (Bales & Garden, 2019).
Law 3: Employment Discrimination
There are numerous elements that affect employment discrimination (Stelzner, 2015). The selected two are discrimination during the hiring process and the day-to-day activities in the office. These types of discrimination are also expansive. For instance, it can be discrimination based on skin color, gender, and sexual preferences.
The first violation of the law against employment discrimination is the actual action of bias against any staff for any reason whatsoever (Stelzner, 2015). The bias can be expressed through direct favoritism or indirectly. An example of direct favoritism is giving larger commissions to people of one race. On the other hand, an example of indirect bias is only allowing people of one gender to pitch ideas.
The issue of discrimination is important in any workplace. A work environment has to not only protect the employees but also ensure that they are highly likely to thrive. The biases against race, gender and even age make this difficult not only for the affected individuals but the whole staff population. This is because an impact on the productivity of one person will affect others. This is not possible with such violations.
Even though the law prohibits discrimination, it is critical that companies have their own no discrimination policy (Stelzner, 2015). This policy will be customized for the specific companies and their departments but should be pegged on the Employment Discrimination. Critically, the reporting measures the company puts in the policy must favor the staff. Reporting discrimination is key in ensuring employees do not violate the law. It is important to note that a majority of these biased acts do not happen in the open. Therefore, human resources sometimes must rely on the complaints from the staff. It is important that all employees know the different ways they can report such incidences without feeling judged. These policies will be critical in orientation so that new staff members understand the importance of the policy to the company management.
Law 4: Workplace Safety and Health
Workplace safety and health laws and regulations allow employees to thrive within the workplace. The safety of the employees is important as it not only affects their personal life but also their productivity at the workplace. This is both for physical and mental health, as both affect the individual’s ability to perform. For instance, if a person is harmed physically, they will have to take sick leave until they are healed. This means that the person’s creativity and productivity will be affected. On the same note, if the employee is mentally disturbed, he or she will not concentrate on his or her job as well. Employers must make sure that the safety of the employees is put first, even in sectors where staff are injury prone. One way of doing this is by providing the right safety equipment.
Employees have to make sure that they wear protective gear at all times within their work environments. This should be included in the workplace policies. It can be argued that the issue of protective gear is only applicable to people who work in industries and factories. Whereas this is partially true, it should be noted that all workplaces needed some protective equipment. For example, issues such as fire extinguishers should be accessible in case of accidents. Companies should ensure all protective gear is up to standard as well. This is particularly important for employees working in, for instance, hospitals and health centers, industries and factories and building works. Failure to use the provided protective gear is a gross violation of the law and this should be communicated to both new and current staff.
The issue of workplace safety is mainly preventative in nature. For compliance, employees must know how to best use protective gear. This lowers the chances of injury at any time. An example can be given to explain further. In a hospital setting, there is the normal protective gear that doctors and nurses’ wear. However, the same doctors and nurses cannot wear the same protective gear if they are going to offer similar medical services in the field.
On the same note, to warrant compliance, there should be repercussions for employees who do not wear protective gear. A second way of ensuring compliance is the provision of company regulations on the implications of non-compliance. Employees should be clearly aware of what will happen if they do not adhere to the laws provided for their safety and health.
Law 5: Leave, Sick and Education Days
It is important for employers to give employees leave days (Bales & Garden, 2019). This allows them to rejuvenate and resume work more productive and efficient. There are several types of leave days that each organization or company has. For example, there are annual leave days, maternity and paternity, sick leave, and compassionate leave. It is important to note that there are organizations that have more than the stated types. Also, there are mandatory number of days allowed for each type of leave. But firms are allowed to adjust the numbers to more. For instance, the minimum day for parental leave is three months. On the other hand, paternity breaks take a minimum of 2 weeks. Despite this, there are companies that offer 6 months maternity leave and 2 months parental leave.
The refusal to approve a leave request is a violation of the law (Bales & Garden, 2019). Each employee, whether on contract or casual, deserves leave days. Indeed, different companies might differ on the number of days individuals can take leave. For casual workers, a serious debate is required to ensure that they get paid leave days. Regardless of the reasons (too much work or no staff to take up the work of the employee going on leave), supervisors have to be encouraged to consider the importance of the leave days as regulated in the stated law. Additionally, there are employees who refuse to take their leave days. This is a specific concern for immigrants who believe they can be replaced if they go on leave, or they do not get paid when they take some time off.
In conclusion, there are numerous laws and regulations that are used to protect both the employer and the employees (Bales & Garden, 2019). For instance, one critical law is that of fair labor. This law makes sure that employees are treated well and respected. It also largely touches on the issue of wage, where all employees have to be paid fairly based on their skills, knowledge and education. Critically, employers also have to consider the minimum wage for casual laborers. A second key law that can be explained during orientation is the Immigration and Nationality Act. The law protects immigrants who are part of the larger American working population. Regardless of whether the immigrant is on contract, or a casual laborer does not mean that they have different rights. They are both equally entitled b to fair pay and treatment at their workplaces.
References
Pozgar, G. D. (2018). Legal aspects of health care administration (13th ed). Burlington, MA: Jones & Bartlett Learning.
Bales, R., & Garden, C. (2019). The Cambridge handbook of U.S. labor law for the twenty-first century. London, UK: Cambridge University Press.
Stelzner, M. (2015). Economic inequality and policy control in the United States. New York, NY: Springer.