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Though the employee's husband did spend nearly four weeks being involved in the healing ministry, "nearly half of the trip was spent not in faith healing, but visiting friends, family, and local churches" (FEPG).
The bottom line is that the FMLA won't permit employees to take leave when it is a vacation with a "seriously ill spouse" -- even if caring for the spouse is an "incidental consequence" of bringing him along on a vacation. Not only was the employee's claim for unfairness vis-a-vis FMLA denied, her petition for "associational discrimination" in violation of the ADA was not approved as well.
The FMLA was a politically hot potato even before the presidential election of 1992. The first two versions of FMLA were vetoed by George Harold alker Bush, and during the 1992 presidential election, candidates Bill Clinton and Bob Dole debated the merits of the proposed legislation. In the end…
American Federation of State, County, and Municipal Employees. (2008). The Family
And Medical Leave Act. Retrieved February 23, 2010, from http://afscme.org/issues/1764.cfm .
Berg, Gordon. (2003). USERRA Protects Family and Medical Leave Rights of Reservists
And National Guard. U.S. Department of Labor. Retrieved February 22, 2010, from http://www.dol.gov .
Family Medical Leave Act
Before the Family and Medical Leave Act (FMLA) was signed into law in 1993, the United States was among the few industrialized nations with no such legislation in place.
Employees had to make do with piecemeal legislation, such as the Pregnancy Discrimination Act or with leaves won through union contracts or policies with more enlightened employers.
The FMLA, however, was a controversial piece of legislation. On one side, employers decried the effects the law were expected to have on their businesses. Many employees and union members, on the other hand, found the FMLA legislation not comprehensive enough and leave process too complicated.
A decade after its enactment, this paper evaluates the accomplishments of the FMLA.
The first part of this paper gives an overview of FMLA benefits and traces the history of FMLA legislation. In the second part, the paper examines the FMLA how both employees,…
Asher and Lenhoff. "Family and Medical Leave: Making Time for Family is Everyone's Business." The Future of Children, 11(1). Spring 2001. available through ProQuest. CD-ROM. UMI.
Bartl, Timothy J. And Heather L. MacDougall. "Ragsdale v. Wolverine World Wide: The First Step towards FMLA Reform?" Employee Relations Law Journal, 28(2). Autumn 2002. available through ProQuest. CD-ROM. UMI.
The already-begun and ongoing retirement of the so-called "Baby Boomer" generation already has many employers worried concerning the size and effectiveness of the workforce, and appropriate use of the Family Medical Leave Act is essential to ensure that the United States still has a large and energetic pool of workers available for employers (Brown 2005; Holmes 2008).
The most obvious constraints on employees seeking leave under the Family Medical Leave Act are the qualifications for taking a leave under the Act. The birth or adoption of a child is a rather straightforward scenario, and bears little comment here. Defining the seriousness of a medical condition, either in the employee or in the employee's immediate family member, is a more complex and ambiguous task, however. Only "a serious health condition that males the employee unable to perform the functions of the position of such an employee" makes someone eligible for leave…
Brown, J. (2005). "Addressing the Stress of Elder Care: Behavioral Health Services Can Provide Relief for Caregivers." Employee benefit plan review October, pp. 11-3.
Holmes, D. (2008). "The Family and Medical Leave Act." Employee benefit review plan May, pp. 10-3.
Swanke, J. & Zeman, L. (2009). "Family Medical Leave as a resilience for caregivers." Care management journals 10(1), pp. 8-13.
In other words, under the FMLA, employees could for instance choose to work 24 weeks on part time basis. Also, an employee could take a weekly leave every month, or any other type of combination he finds most suitable for his condition. The worker is asked to make a request for FMLA leave 30 days before he intends to leave and he might be asked to hand in documents attesting the necessity for his leave. Additionally, considering that husband and wife both work for the same employer, they cannot benefit simultaneously from FMLA to care for the same new born, sick child, adopted child or parent (Vikesland, 2006).
4. Benefits of FMLA
Human esource Managers have often complained about the difficulty and complexity of implementing the Family and Medical Leave Act, arguing the side effects it has upon the company, but also the bureaucracy and the multitude of laws protecting…
Beam, B.T., McFadden, J.J., 2001, Employee Benefits, 6th Edition, Dearborn Trade Publishing
CCH Tax Law Editors, Department of the Treasury, Internal Revenue Service, United States, 2007, Income Tax Regulation, as of January 2008, CCH
Guerin, L., England, D., 2007, the Essential Guide to Family and Medical Leave, Nolo
Hansen, K., Making Your Case for Telecommuting: How to Convince the Boss, Quint Careers, http://www.quintcareers.com/telecommuting_options.html last accessed on March 27, 2009
Becoming a new mother can be very exciting as well as very stressful. Many soon-to-be mothers worry about having enough time to spend with the child, being financially stable, and if their jobs would allow them to take off if needed. In today's workforce; is there really enough time set for maternity leave? Employers can be very demanding and not be aware of how motherhood truly affects women. Employers should consider changing their policies regarding treatment of mothers and mothers-to-be because families would benefit from it. There have been questions about making a policy to have parental leave, which would allow men and women to take a leave of absence when a baby is born. This, however takes away from maternity leave because it disregards what women go though when giving child birth if men are given the same rights. Therefore, instituting paternal leave will counteract the discrimination women…
Barbour Rachel, Amy Brown, and Jolynn Shoemaker. A Revolutionary Change: Making the Workplace More Flexible. Volume 2 Issue 2 Feb 2011 http://www.thesolutionsjournal.com/node/889
Boushey, H in The Shriver Report: How a Woman's Nation Changes Everything (Boushey, H & O'Leary, A, eds), The new breadwinners (Center for American Progress, Washington, DC, October 2009)
Boushey, H. Its Time for Policies to Match Family Needs (Center for American Progress, Washington, DC, March 29, 2010)
http://today.msnbc.msn.com/id/7748616/ns/today-books/t/brooke-shields-battles-postpartu ... "Brooke Shields Battles postpartum depression
Female Police Officers and Maternity Leave
Female police officers, much like female firefighters and females in the military, are a fairly recent development and evolution in history that was long overdue and met with some resistance initially. hile females have experienced and overcome barriers to entry in numerous occupations, female police officers, female firefighters, and females in the military have had to deal with a culture and mentality that was (and still is to some degree) so firmly entrenched, i.e., the good old boys network taken to its extreme. Although certain individuals in society may believe that females should be excluded from becoming police officers, firefighters, or from joining the military due to their perceived emotional and/or physical weakness, the reality is that countless females are as qualified, if not more qualified, than their male counterparts. In addition, once a female becomes a police officer, firefighter, or joins the military,…
http://google.com/search?q=cache:2GziPsftu2gC:www.cpc.gc.ca/research/women_e.pdf+policewoman+and+maternity&hl=en http://www1.umn.edu/ohr/eb/uplan/std.htm http://www.albemarle.org/police / http://www.cheshire.police.uk/recruitment_faq.shtml http://www.ci.richmond.va.us/department/police/pdxxi_index.asp http://www.cityofhuntington.com/hpd / http://www.city.winnipeg.mb.ca/police/History/story35.htm http://www.clarksburg.com/police.htm http://www.dol.gov /dol/esa/fmla.htm http://www.iawp.org/history/history.htm http://www.insure.com/health/shorttermdisability.html http://www.lawguru.com/faq/6.html http://www.losangelesalmanac.com/topics/Crime/cr73b.htm http://www.metlife.com/Lifeadvice/Insurance/Docs/disinintro.html http://www.newwave.net/~dlaw235/
http://www.wapolun.org.au/010830.htm http://www.wpoaca.com/archives/wells.html http://www.wwwatt.com/members/policefed/lincolnshire/fairnessequality_maternity_rights.php3
Female Police Officers and Maternity Leave PAGE 18
The primary sources referenced for this section were
Easing the Parenthood Pinch:
A Plan for Modernizing the American Attitude towards Parental Leave
Americans pride themselves on their high standing in the developed world. e have a strong government, a premier military, a vibrant and diverse culture, and a significant presence in the world economy. Despite these advantages, many Americans find themselves woefully behind the other nations of the world regarding an issue that should lie at the heart of our society -- how we value our children and how we treat those responsible for raising them. During the rapid growth of the American economy in the 20th century, the impact of a competitive and demanding job market on working parents was rarely acknowledged, let alone legislated. As a result, America now finds itself among only three other nations (Swaziland, Papua New Guinea, and Lesotho) who refuse to provide government-mandated paid leave to parents with newborns (Moms…
Berger, Lawrence, Jennifer Hill and Jaen Waldfogel. "Maternity Leave, Early Maternal Employment, and Health and Child Development in the U.S." Economic Opportunity Institute. n.d. 17 April 2011. Web.
Clark, Dean. "Norway: Getting Paid for Parenting." U.S. News and World Report. 3 March 2007. Web. 17 April 2011.
"Maternity/Paternity Leave." MomsRising.org. n.d. 17 April 2011. Web.
Vahratian, Angel. "Maternity Leave Benefits in the United States: Today's Economic Climate Underlines Deficiencies." Birth: Issues in Perinatal Care. 36:3, 177-179. 1 September 2009.
Family Medical Leave Act was enacted in 1993 with the main aim of providing certain rights and responsibilities to employees. This legislation provides some entitlements to employees such as the basic leave entitlement and military family leave entitlements. Notably, the act also includes other provisions like the benefits and protections during the leave, eligibility requirements, description of serious health condition, use of leave, substitution of paid leave for unpaid leave. Furthermore, the legislation also states employee responsibilities, employer responsibilities, unlawful acts by employers, and enforcement of FMLA.
Under the Family Medical Leave Act, covered employers are required to offer up to 12 weeks of job-protected, unpaid leave to eligible employees for several reasons. These reasons include incapacity because of pregnancy, care for the worker's spouse or family member with serious health condition, care for employee's child after birth, and for a serious health condition that makes it difficult for the…
"Employee Rights and Responsibilities Under the Family and Medical Leave Act." (2009,
January). FMLA. Retrieved from U.S. Department of Labor website: http://www.dol.gov /whd/regs/compliance/posters/fmlaen.pdf
"How Do Employers Monitor Internet Usage at Work." (n.d.). Wise Geek -- Clear Answers for Common Questions. Retrieved November 8, 2012, from http://www.wisegeek.org/how-do-employers-monitor-internet-usage-at-work.htm
Family and Medical Leave Act (FMLA) was passed as a reflection of the needs of the modern workplace in which dual career households are often the norm and parents must often balance the demands of work and caring for children and aging parents. The FMLA allows certain classes of employees "unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave" ("FMLA," 2015). Up to 12 workweeks of leave every 12-month period is covered by the Act for the birth and care of a newborn; the placement of an adoptive child or foster child; caring for a close family member with a serious health condition; the employee's own serious health issue or a family issue which arises "out of the fact that the employee's spouse, son, daughter, or parent is a…
FMLA. (2015). DOL. Retrieved from: http://www.dol.gov /whd/fmla/
Miller, S. (2007). Most HR professionals report problems with FMLA. Retrieved from:
Compensation and Benefits: The Family and Medical Leave Act
The Family and Medical Leave Act (FMLA)
The FMLA came into effect on 5th August, 1993. The Wage and Hour Division of the U.S. Department of Labor (DOL) is responsible for its administration. The law covers all employees in the state, including those in the private sector and a majority of those in the congressional and federal sectors. The law entitles "eligible employees of covered employers to take up to 12 weeks of unpaid leave per year," in order to attend to specified medical and family issues (AFSCME, 2013). This could extend to 26 weeks, over the same period, in cases that involve serious illness or injury. The decision as to when the one-year period should actually begin is dependent on the employer and the policy of the organization. In the past, the FMLA has been amended a number of times…
AFSCME. (2013). The Family and Medical Leave Act. AFSCME. Retrieved from http://www.afscme.org/members/education-and-trainings/education-resources/fact-sheets/the-family-and-medical-leave-act-fmla
American Society of Employers. (2012). 2013 Employment and Labor Law Legislation. American Society of Employers. Retrieved from http://www.aseonline.org/ResearchbrnbspServices/EmploymentandLaborLawLegislation.aspx
United States Department of Labor. (2013). Family and Medical Leave Act. United States Department of Labor. Retrieved from http://www.dol.gov /WHD/fmla/2013rule/
Labor and Employment Law
Situation A -- The Family Medical Leave Act of 1993 or FMLA was enacted to help employees balance family and work requirements (WHD, 2013). It aims at protecting and helping those with family or personal health problems. The rise in single-parent households and women employees often leads them to compromise work for family or vice versa. The law intends to strike a balance between. If an employer is connected to FMLA, an employee who has worked for one year or 1,250 hours in the preceding year is entitled to 12 weeks of unpaid leave within the 12-month period. The employer is qualified to offer FMLA if it has 50 or more employees. Employee A and his employer are, thus, qualified (WHD).
The qualified employer is obliged by law to grant FMLA leave when the qualified employee requests it with a qualified reason (WHD, 2013).…
EEOC (2013). The Americans with Disabilities Act of 1990. The U.S. Equal Employment
Opportunities Commission. Retrieved on September 25, 2013 from http://www.eeoc.gov/eeoc/history/35th/1990s/ada.html
SHRM (2013). Age Discrimination in Employment Act of 1967. Society for Human
Resource Management. Retrieved on September 25, 2013 from http://www.shrm.org/LegalIssues/FederalResources/Federalstatutes/RegulationsandGuidanc/Pages/AgeDiscriminationEmploymentActof1967.aspx
Second Opinions for Tough & Smart Care
FLA, FECA, H2457
The federal government (under most current administrations) has tried to address the issue of the nation's need for better healthcare by focusing on improving what is already in place. Two of the regular efforts at this are the FLA (Family Leave Act) and the FECA, or Federal Employees' Compensation Act (DOL, b). The purpose of the first is to provide structured and economically efficient ways for people to be able to leave their positions, without risking their jobs, when they are dealing with either the birth of a child or a critically sick immediate relative. It is also seen as one effort to seek to protect men and women against the problems of gender injustice that can come about if women are challenged in keeping healthcare because of the choice to have children. FECA, on the other hand, seeks to…
DOL.gov. The Family and Medical Leave Act. United States Department of Labor, Wage and Hour Division. Department of Labor. Web < http://www.dol.gov ./whd/regs/compliance/1421.htm>.
DOL.gov (b). The Federal Employees' Compensation Act. United States Department of Labor. Web. <
The Family and Medical Leave Act (FMLA) is an addition to the regulations applied to businesses which recognizes the changing nature of the family, and the importance of having a business environment which is supportive of the needs of the family. The FMLA requires employers to grant leaves of absence to employees who are seriously ill, who have newborn or newly adopted children, or who have to care for sick family members without the risk of the employee loosing their job as a result of the leave. Specifically, sections 6381 through 6387 of title 5, United States Code, as added by Title II of the Family and Medical Leave Act 1993, provides covered Federal employees with entitlement to 12 workweeks of unpaid leave during any 12-month period for the following purposes:
the birth of a son or daughter of the employee and the care of such son or daughter;…
Alfred, S. (1995) An Overview of the Family and Medical Leave Act of 1993. Public Personnel Management, Vol. 24.
Clegg, R. (1999, Summer) The Costly Compassion of the ADA. Public Interest, No. 136.
FEDERAL EMPLOYEE ENTITLEMENTS (1999) U.S. Office of Personnel Management Compensation Administration Accessed 17 Feb 2004. Website:
Hayes, E. (2001) Bridging the Gap between Work and Family: Accomplishing the Goals of the Family and Medical Leave Act of 1993 William and Mary Law Review, Vol. 42.
Title VII of the Civil Rights Act of 1964 "bans discrimination, including sex-based discrimination, by trade unions, schools, or employers that are involved in interstate commerce or that do business with the federal government" the Civil Rights Act of 1964 prohibits discrimination in a broad array of private conduct including public accommodations, governmental services and education. One section of the Act, referred to as Title VII, prohibits employment discrimination based on race, sex, color, religion and national origin. The Act prohibits discrimination against the aforementioned protected classes in the areas of recruitment, hiring, wages, assignment, promotions, benefits, discipline, discharge, layoffs and almost every aspect of employment (Loevy 1997).
However, Title VII provides than an employer must reasonably accommodate an employee's religious beliefs and practices unless doing so would cause undue hardship on the business. As an employee were are obligated to try to resolve any conflict if possible. We would…
Religious Accommodation in the Workplace. (2012). Anti-Defamation League -- Religious Freedom Resources. Retrieved from: http://www.adl.org/religious_freedom / resource_kit/religion_workplace.asp
Loevy, R., et.al. eds., (1997). The Civil Rights Act of 1964: The Passage of the Law That
Ended Racial Segregation. State University Press of New York.
parent literally had nothing to do with a biological child in order for the child to take advantage of the Family and Medical Leave Act to care for that parent.
The family Medical Leave Act (FMLA) gives no determination that states that the known relationship or lack thereof between the child and parent will determine the child's ability to use FMLA to care for the parent. Any employee can request FMLA regardless of if the child had nothing to do at all with the biological parent. The FMLA provides the employee with up to a maximum of twelve weeks of un-paid, job-protected leave for one of the following reasons:
Care of a spouse, daughter, son or parent with serious health conditions
Due to an employee's inability to work due to a serious health condition
Placement of a child for adoption or foster care
The birth and care of a newborn…
Kollman & Saucier P.A. (n.d.). Does the family and medical leave act apply?. Retrieved 04/29/11, from www.kollmanlaw.com/article/articel19.html
Larson, A.E. (2011). The Intricacies of FMLA. Retrieved 04/28/11, from www.fmla-rules.com
OSHA (n.d.). OSHA Safety regulations & Labor Law Guide. Retrieved 04/29/2011, from www.osrllg.com/additional_fmla.php
Coleman V. Maryland Court of Appeals
There has always been a fine balance between the Constitutional power of Congress and individual State rights. At the heart of the Constitutional Debate and even the Civil War was the question -- are states sovereign in their dealings with matters of government and culpability and to what degree does their sovereignty remain solvent. Congress has both Constitutional power and applied power, and is expected to evolve with the cultural situation of society to protect the constituency and enact fair and reasonable legislation.
One seminal question becomes whether Congress constitutionally abrogated the State's 11th Amendment immunity when it passed the self-care leave provision of the 1993 Family and Medical Leave Act? This act required employers of over 50 individuals to allow for up to 12-weeks leave for varying circumstances of family need. Case law, for instance in Nevada v. Hibbs, held that Congress intended…
Blatchford v. Native Village of Noatak, 89-1782 (U.S. Supreme Court 501 June 24, 1991).
Coleman v. Court of Appeals of Maryland, 10-1016 (U.S. Supreme Court 566 March 20, 2012).
Nevada Department of Human Resources v. William Hibbs, 01-1368 (U.S. Supreme Court 538 May 27, 2003).
Family and Medical Leave Act. (2012). United States Department of Labor -- Wage and Hour Division. Retrieved from: http://www.dol.gov /whd/fmla/index.htm
The ADEA permits employers to favor older workers based on age even when doing so adversely affects a younger worker who is 40 or older" (Facts about age discrimination, 2008, EEOC). The worker was clearly discriminated against for a promotional opportunity based upon his age, despite his superior performance.
All of the available evidence suggests that Employee B. was doing superior work in contrast to his younger co-worker. There is a clear 'paper trail' of performance reviews establishing Employee B's superior performance and ability to do a high-quality job. Also, the specific stated rationale for not giving Employee B. The promotion was age. There is no evidence that taking the promotion required qualities only a young person might have (such as the agility required by a dangerous occupation, or an occupation based upon physical strength).
In some instances, regarding benefits, employers may have some discretion under the ADEA. For example,…
Americans with Disability Act (ADA). (2010). ADA Website. Retrieved March 31, 2010 at http://www.ada.gov/pubs/adastatute08.htm#12201
Facts about age discrimination. (2008). The U.S. Equal Employment Opportunity Commission.
Retrieved March 31, 2010 at http://www.eeoc.gov/facts/age.html
Family and medical leave. (2010). U.S. Office of Personnel Management.
If a 68-year-old employee receives an above average review on her work performance and doesn't receive a raise, and then finds that an employee who is 32 years of age receives an adequate performance review and gets a raise and a promotion the older employee has a strong case for age discrimination.
A violation of the employment act has occurred because it is reasonably expected that the above average rating would get the raise and promotion before the adequate rating. In this case, the company has basically set themselves up for a lawsuit in which they stand a strong chance of losing. The employee's proof is in her above average ratings on her review. The employer must come up with a valid reason as to why she was not promoted over the younger employee who received lower ratings. More than likely, they will not be able to offer any proof.…
Drachsler, David A. (2010). Notes on: Year one of the Lilly Ledbetter Fair Pay Act, Labor Law Journal, 61(2), 102-106.
Holmes, David M. (2008). The Family and Medical Leave Act, Employee Benefit Plan Review, 62(11), 10-13.
Santos, Mike. (2009). So, what is the ADA? Sign Builder Illustrated, 23(170), S7-S13.
Ethics, Law Case, Critical Thinking
Title VII of the Civil ights Act permits retaliation claims because they help to prevent situations in which workers who are unlawfully discriminated against pursue those discrimination law suits. Were Title VII of this act not to permit retaliation claims, then there is a possibility that egalado would have dropped her law suit of discrimination against the company both she and her husband worked for, just so that he could either keep his job or have it reinstated. etaliations claims require inclusion in Title VII of this act to keep employers honest in their dealings with their employees. Thompson was not part of the lawsuit that egalado was formulating (Your textbook, p. 415), yet he was fired as a means of retaliating against her for producing a law suit against the company. Without the inclusion of retaliation claims, Thompson would have unfairly lost a job.…
FindLaw. (2014). Annotation 28 -- Article 1. http://constitution.findlaw.com / Retrieved from
Other polices that are in use in organizations include five day work week, flextime, family leave, and employee assistance programs and turn over intention. The policies include the government-mandated Family and Medical Leave Act which stipulates that an employee is provided with 12 weeks of unpaid leave of absence for family or personal needs, and discretionary policies offered by the organization voluntarily.
Family leave policies allow employees to be away from their workplace for a varying period of time because of family responsibilities. However some specific polices for time away from work for maternity, paternity or adoptions are at the discretion of the employer in different organization. Family leave policies differ between organizations or employers. Female employees are however entitled to have a minimum of 10-week maternity leave in case of pregnancy.
1.2.2. hat are the aims and objectives of the policies?
The need for family friendly policies is to…
Alicia A. & Bryanne L. 2002, Family-Friendly Policies and Organizational Justice, The Pennsylvania State University
Community Business, 2004, Family Friendly Policies in Banking Industry and Turn over Intentions, Stylus Publishers, Hong Kong
Glover, S.L. & Crooker, K.J., 2006, Who Appreciates Family-Responsive Human Resource Policies: The Impact of Family-Friendly Policies on The Organizational Attachment of Parents and Non-Parents. Personnel Psychology, vol48, Issue 2, DOI: 10.111/j.1744-6570.1995.tb01757.x
Glover & Crooker, 2006; Working Life, Diversity and Intersectionality: A Critical Review and Research Agenda, London
Unintended Limitations on Ada Protections
The American with Disabilities Act of 1990 (ADA) was designed to prevent discrimination in terms of employment (Title I), telecommunications (Title IV), and public services (Title II), transportation (Title II), and accommodations (Title III), for persons with physical and/or mental disabilities (EEOC, n.d.; Disabled World, 2009). Employers and public establishments are required under the ADA to make accommodations for persons with disabilities, unless it imposes an undue hardship. To ensure compliance, a large number of different federal agencies act as enforcers of the ADA provisions.
The ADA defines a disabled person as anyone who is prevented from engaging in a major life activity, either currently or historically, or is perceived by others as being limited in this way. The latter criteria was intended to be one of three primary routes for bringing a discrimination suit to court, resulting in the 'regarded as' disabled…
American Diabetes Association. (2012). Diabetes basics: Symptoms. Diabetes.org. Retrieved 20 Oct. 2012 from http://www.diabetes.org/diabetes-basics/symptoms/?loc=DropDownDB-symptoms .
Brown University. (n.d.). Major depressive disorder (DSM-IV-TR #296.2-296.3). Brown.edu. Retrieved 20 Oct. 2012 from http://www.brown.edu/Courses/BI_278/Other/Clerkship/Didactics/Readings/major%20depression.pdf .
Disability Rights California. (2010). Employment rights under the Americans with Disabilities Act (and other related laws) (4th ed.). DisabilityRightsCA.org. Retrieved 20 Oct. 2012 from http://www.disabilityrightsca.org/pubs/506801.pdf .
Disabled World. (2009). Americans with Disabilities Act of 1990 (ADA). Disabled-World.com. Retrieved 20 Oct. 2012 from http://www.disabled-world.com/disability/ada/.
Employment Law Policies for XYZ
Describe and explain all the possible employment laws that could govern the employment at XYZ.
Job discrimination. Title VII of the Civil ights Act of 1964 prohibits hiring, firing or pay discrimination based solely upon a person's race, religion, sex or national origin. It also prohibits sexual harassment. Employees and applicants must be treated equally and harassment will not be tolerated.
Age discrimination. The Age Discrimination in Employment Act prevents discrimination against applicants or employees older than 40 because of their age. A person's age or proximity to retirement cannot be taken into account when making decisions on hiring, firing, pay, benefits or promotions.
Disability discrimination. The Americans with Disabilities Act (ADA) prohibits job discrimination against qualified people with disabilities who can reasonably perform a job's function. If hired, managers need to work with H to help create reasonable accommodations for disabled employees.
Cornock, M. (2012). What to do when an employer acts unfairly. Nursing Standard, 26(38), 63.
Cullen, L. (2007). The Diversity Delusion. Time, 169(19), 74.
Henneman, T. (2011). Making the Pieces Fit. Workforce Management, 90(8), 12-18.
Hutson, B. (2012). How Is Your Relationship with Your Boss, Do You Know? Black Enterprise, 42(11), 56.
posted: Perform a literature search a human resource law policy. Some topics absenteeism, work place injury, Americans Disabilities Act 1990. Describe law policy a workplace choosing demonstrate compliance .
Human esource Law Policy -- Absenteeism
The role of the human resource has been gradually increasing throughout the past recent years and this is due to a wide array of changes which impact the business community. One of the most relevant examples in this sense is represented by the shift in global operations in that more and more companies and countries come to generate large GDP proportions from services, rather than industry or agriculture. In such a setting then, the employees represent the intellectual capital of the firm, the creators of value and as such the most important organizational asset (Beckford, 2007).
In order to best deal with the employees, business agents across the world develop and implement several policies aimed…
Beckford, A., 2007, Tales of people who get it, Tales of People Who Get It (Editor), ISBN 1430315989
2012, Absenteeism and attendance of employees, HR Hero, http://topics.hrhero.com/absenteeism-and-attendance/#last accessed on April 24, 2012
Absenteeism law and legal definition, U.S. Legal, http://definitions.uslegal.com/a/absenteeism / last accessed on April 24, 2012
decision will need to be made about the future of each one. Each decision will be supported with an analysis of the situation using the relevant legal framework. In general, companies are allowed to terminate employees if the termination is part of a downsizing, which in this case it is. Naturally, however, the issue of severance will be raised, and must be taken into consideration for each of the employees in question. The format will be a discussion of each individual employee, his or her situation, but then the final decision about who to terminate and how will be conducted at the end of the report. The microbrewery is probably a qualified company, with at least 15 employees, or this discussion would not be taking place.
Employee #1 -- Mike illiams. illiams is a member of a protected group, being Asian. His performance has been above the median, which gives…
Department of Labor. (2012). Employee rights under the National Labor Relations Act. U.S. Department of Labor. Retrieved April 21, 2013 from http://www.dol.gov /olms/regs/compliance/EmployeeRightsPoster11x17_Final.pdf
Workplace discrimination leads to a mismatch between qualified workers and their jobs, and it carries significant economic consequences in the American workplace.
Okechukwu, Souza, Davis and Castro (2014) define workplace discrimination as unfair rules and conditions that impair the ability of group members. It is motivated by inferiority and mistreatment of the disadvantaged group over the dominant group. It is based on races and even occurs among disadvantaged groups themselves. For example, some ethnic groups are favored than immigrant workers. Discrimination does exist with respect to age, gender, and disabilities as well. Though Americans prohibit societal and historical influences among the workers through the Disabilities Act, it does persist. Workplace discrimination is unequal treatment of employees whereas workplace harassment involves negative actions toward a worker with respect to race/ethnicity, gender, etc. Sexual harassment includes sexist behavior, sexual hostility, unwanted sexual attention, and sexual coercion in which one's gender or sex…
Using your sociological imagination, consider structural, social barriers that may account for racial or ethnic discrimination in the workplace.
Institutionalized racism often goes unnoticed, especially by members of the dominant culture. However, there are serious structural and social barriers that may account for racial and ethnic discrimination in the workplace. As Dumaine, Overfelt, Spruell, Tanz & Whitford (2003) point out, there are still significant barriers to achieving great strides in business for non-whites, even male non-whites. obert Johnson notes, "It's hard for African-Americans to borrow money from banks or raise money from venture capitalists," (cited by Dumaine, et al., 2003). Lack of access to financial capital is of course a preliminary structural barrier to achieving success in the workplace. The underlying social barrier is exclusion; blacks are not part of the "good old boy" club, which continues to characterize social structures in the workplace (Johnson, cited by Dumaine, et…
Collins, S.M. (2005). Blacks on the bubble. The Sociological Quarterly 34(3): 429-447.
Dumaine, B., Overfelt, M., Spruell, S., Tanz, J. & Whitford, D. (2003). Does race still matter? CNN Money/Fortune. Retrieved online: http://money.cnn.com/magazines/fsb/fsb_archive/2003/12/01/359903/index.htm
Fisher, A. (2005). Is racial bias holding you back? CNN Money/Fortune. Retrieved online: http://money.cnn.com/2005/08/10/news/economy/annie/fortune_annie081005/index.htm
Tahmincioglu, E. (2007). Pregnancy discrimination is on the rise. MSNBC.com. Retrieved online: http://www.msnbc.msn.com/id/18742634/#.T2onV3h9nww
Employee Contributions 30/05/2015
Two methods an H professional could use to determine incentive pay
Legally mandated benefits that the company must currently offer to its employees
Additional benefits that should be considered for its employees
Efficiency of common techniques for communicating compensation plans to employees.
Ethical risks of incentive pay and recommendations to mitigate the risks.
Two methods an H professional could use to determine incentive pay
There are a number of methods that are generally used by companies to link work, output and expertise to the remuneration of the employees. In this section we examine two methods that can be used by the company to create more loyalty among the employees to stay back in the company through the increasing in pay.
The reward management practices would help the company to determine the amount that would be paid to the employees. The underlying principal is that the company would…
Hoffmann, F., Inderst, R., & Opp, M. Regulating Deferred Incentive Pay. SSRN Journal. doi:10.2139/ssrn.2284337
Rosenbloom, J. (2001). The handbook of employee benefits. New York: McGraw-Hill.
Rosenbloom, J. (2011). The handbook of employee benefits. New York [u.a.]: McGraw-Hill.
Schraeder, M., & Becton, J. (2015). An Overview of Recent Trends in Incentive Pay Programs. The Coastal Business Journal, 2(1), 18-25.
These figures dwarfed what other big businesses paid for discriminatory practices. These businesses included Texaco, Inc.; Shoney's, Inc., Winn-Dixie, Stores, Inc.; and CSX Transportation, Inc. Critics saw Coca-Cola's settlement as signaling a major breakthrough among big businesses as coming to terms with diversity in the workplace (King). ecause the company has been a leader in many areas, these critics regarded it as setting an example of greater openness to promotions across races of employees (King).
Settlement terms included $23.7 million as back pay; $58.7 million as compensatory damages; and $10 million as promotional achievement award fund distributed to the complainants. A remaining $20 million went to attorney's fees and $36 million to the implementation of internal program reforms. Coca-Cola would also create an external, seven-member task force to insure that the terms were complied with and to oversee the company's diversity efforts (King).
According to Social Networks. - Connections in…
Bland, T. (1999). Equal pay enforcement heats up. 4 pages. HR Magazine: Society for Human
Bronstad, a. (2001). EEOC alleges Beverley Hilton discrimination. 2 pages. Los Angeles
Business Journal: CBJ, LP
At the same time, occupational segregation still exists in management positions. Part of the problem is that men are able to devote much more time to their career advancement vs. women who have to also consider raising a family and bulk of the responsibilities of that family. At the same time, however there are now many more women who have created role reversal than ever before, becoming the breadwinners within their nuclear family. The glass ceiling primarily exists because there is still exclusivity in the hiring process. Since the job of management hiring is typically sourced to executive search companies, many times such search teams do not include women because of the extra concerns associated with them. As a result, the only method by which many women in management have taken is to remain loyal within their corporate environment until they can climb the corporate ladder. This strategy grants women…
RACE, GENDER AND WORK: A Multicultural
Economic History of Women in the U.S. By Teresa Amott and Julie Matthaci.
Understanding Cultures Influence on Behavior by Richard Breslin
Workplace discrimination can be understood as an inappropriate, unjustifiable treatment towards a person or a set of people at the workplace. Such undesirable treatment is based more often on people's race, ethnicity, age, marital status, sex or other describing characteristics (Australian Human Rights Commission, n.d). Workplace discrimination can give the impression of a repudiation of particular civil liberties, neglectful treatment, deliberate undervaluing of an employee's character or work outcomes and attainments. Workplace discrimination is not only done by the employee but by the fellow employees or peers and other superiors as well. Workplace discrimination, although often not as blatant as in previous periods, continues to proliferate across organizations and on a global level. Fittingly regarded as modern discrimination, discriminatory behavior in the present day is time and again categorized by elusive and clandestine behaviors that can edge below regulations and organizational guidelines (Marchiondo et al., 2015).
Types of Discrimination in…
FCC & EEO
Federal Contract Compliance & EEO
Many foreign cultures associate the words United States of America with the vision of freedom and equality. People of many different races, disabilities and creeds have come to the United States seeking the impartiality upon which this country was founded. owever, the road to these favorable conditions of today has not been easy. The relentless pursuit of equality by Americans is written in history more than once. The most famous struggle for equality is Thomas Jefferson's Declaration of Independence. When the British began pressuring the American Colonies for more taxes, and generally becoming prejudiced, the colonists began writing poetry, drawing political cartoons, and painting patriotic pictures. The founding fathers gathered to take initiative to pursue their rights as a new country and as individuals. This paper will discuss the EEO compliance requirements necessary to become a Federal contractor as well as focus…
Hall, F.S. 1977. Gaining EEO Compliance with a Stable WorkForce. Personnel Journal. 56:454.
Landau, B.W. 2002. State Employees and Soverign Immunity: Alternatives and Strategies for Enforcing Federal Employment Laws. Harvard J. On Legis. 169(39).
Maltby, L. And Yamada, D. 1996. Beyond Economic Realities: The Case for Amending Federal Employment Discrimination Laws to Include Independent Contractors. Boston College Law Review. 38(2).
To be eligible for FMLA an employee must have a condition that makes him or her unable to perform their essential job function" (Vikesland, 2006). Previously-existing amendments to the Civil ights Act prohibited discrimination against women based upon pregnancy and the Equal Pay Act (EPA) of 1963 mandated equal pay for women and men doing the same work (EEOC, 2011, Official Website).
Protected groups can allege they have been the victims of discrimination based upon charges of disparate treatment and disparate impact. Disparate treatment means that the worker was denied opportunities or advancement based upon his or her membership in a protected category because of the explicit intention of the employer, such as a sexist employer that openly discriminates against women. Disparate impact cases, in contrast, refer to discriminatory policies that have a disparate impact upon a particular group of employees (Payne 2009: 60). For example, an employer might require…
EEOC. (2011). Official Website. Retrieved June 10, 2011 at http://www.eeoc.gov/laws/statutes/index.cfm
Pynes, Joan, E. (2009) Human resource management for public and non-profit organizations:
A strategic approach. San Francisco: Jossey-Bass.
Vikesland, Gary. (2006). The Family & Medical Leave Act. Employer-Employee.com
The federal spending cuts that have severely impacted VentaCare's bottom line will not be rescinded until the budget deficit, debt ceiling, and sequester crises are resolved, and with at the current rate of political progress in Congress, the loss of financial support may as well be considered permanent. To that end, Allison should be exacting in her appraisal process, forgoing any concern over individual employee grievances in order to focus fully on returning VentaCare to economic viability.
3.) What are some benefits Allison should consider changing or eliminating? Why?
With federal law only mandating the provision of unpaid leave days in the event of vacation, holiday, or illness, Allison should consider amending VentaCare's benefit policy to provide each employee exactly one-half of their leave days to be paid, with the other half becoming unpaid leave days. The financial condition of the company means that Allison cannot abide the practice of…
Human esource Management Policies of Wal-Mart
Employment Law Wal-Mart
Human esource Management Policies of Wal-Mart
Wal-Mart is a large scale multinational retailer that employs more than 2.2 million employees in 27 countries. The management of this large workforce requires it to implement effective human resource management and employment relations policies at its workplace. Wal-Mart believes in effective recruitment and selection process in order to fill the vacant job positions with the most talented and skillful employees. It uses one way and two way virtual interviewing techniques in order to minimize its heavy recruitment and administrative costs. Wal-Mart generally fills its vacant job positions from the industry through fresh graduate induction and experienced professionals. It trains them through different methods in order to make them learn the most advanced knowledge related to their job responsibilities.
The Wal-Mart workforce consists of individuals from different cultures, nationalities, and races. In order…
Bergdahl, 2010, How the HR Division at Wal-Mart drives the Company's Success through People. Available at [Accessed November 28th, 2012]
Celentino, J. 2012, Wal-Mart Doesn't Owe Pregnancy Light Duty. Available from [Accessed November 29th, 2012]
Greenwald, J. 2011, Court rules against Wal-Mart in sexual harassment, retaliation case. Available from [Accessed November 29th, 2012]
Hinshaw & Culbertson, 2012, Wal-Mart Follows Properly-Drafted Accommodation Policy, Still Ends Up Potentially Liable for Retaliation. Available from [Accessed November 29th, 2012]
For example, uiz (2006) points out that, "The role that EAPs play in attenuating these potentially disruptive issues is difficult to assess because companies zealously guard results of their programs from the public eye" (46).
Despite these constraints, though, it is possible to gauge the effectiveness of Mobil's EAP initiatives based on the typical costs savings realized by similarly situated enterprises. For instance, uiz adds that, "EAP providers contend that their services are a critical component in lowering the cost of health care and in bolstering productivity. EAPs can reduce absenteeism and tardiness by 10% and potentially boost productivity by as much as 25%" (46). In this regard, what is known about the company is that success rates between 70% and 85% have been reported by Mobil concerning the effectiveness of its employee assistance programs that have been targeted at reducing the incidence of substance abuse by company employees (Starr…
About us. 2010. Mobil. Retrieved from http://www.exxonmobil.com/Corporate/about.aspx .
Austin, W.J. 2006, February. Employee Absence Poses New Legal Risks to Employers. Ward & Smith, P.A. Retrieved from http://www.wardandsmith.com/news/articles/Employee_Absence.asp .
Avey, J.B., J.L. Patera & B.J. West. 2006. The Implications of Positive Psychological Capital
on Employee Absenteeism. Journal of Leadership & Organizational Studies 13(2): 42-
Tose additional taxes are determined at te local level, but Clark County does not impose tose additional taxes. Indiana is also one of te states tat impose state income taxes; terefore an employer in Indiana must prepare witolding information for its employees. Te general requirements of state income tax witolding in Indiana may be found in Ind. Code § 6-3-2.
Finally, in Indiana, business licenses and permits are a matter of local and county law, and tose requirements will be examined in te local law section.
Labor and wage issues are of major concern to employers and are covered by a wide range of laws, ranging from occupational safety issues to weter or not an employer can loan an employee money. An employer must understand all of tese laws in order to be in compliance wit state labor laws. Indiana maintains a state minimum wage, wic is governed by Ind.…
Katzenbach v. McClung, 379 U.S. 294 (1964). Retrieved from Findlaw website:
legal framework which provides the foundations for the American system of labor / management relations.
The state of labor / management relations today is very different than it was 100 years ago. Workers can actually reason with their employers and, more than anything else, employers often find themselves at the mercy of employees (due to the unions) and having to kow tow to their demands. This has both negative and positive ramifications.
The history of the labor / management relations synthesis started in the 1860s when the Industrial Revolution created a surplus of labor and competition between factories for workers. Few laws had existed for workers and employers had been cheap with their wages. Unions had existed in the past and workers had often been fired from unions. In fact, workers who had banded together had been perceived as criminals.
The first national union that succeeded, the Knights of Labor,…
Baird, Charles W. "Right to work before and after 14 (b)." Journal of Labor Research 19.3 (1998): 471-493.
Chron. The Evolution of the Labor-Management Relationship http://smallbusiness.chron.com/evolution-labormanagement-relationship-36056.html
Jasper, Margaret C. 2002. Labor Law. Dobbs Ferry, N.Y.: Oceana.
Lareau, N. Peter, et al. 2003. Labor and Employment Law. Conklin, N.Y.: Matthew Bender.
industrial management continues to remain competitive. As the economy changes over time, the field of industry follows suit. Industrial managers are charged with maintaining productivity and profits regardless of the economy. In addition, they are responsible for maintaining the workforce at its optimum performance level.
One thing that often has a negative impact on the performance level of the workforce, is absenteeism. Absenteeism can create problems in the field of industry in several ways. One of the first problems it causes is a slow down in production. If there is a problem with absenteeism and a significant number of employees are calling out sick it can be detrimental to the production of product. In addition, when people call out sick, temporary workers are often brought in and they must be quickly trained and try to keep up production speed. This training can be costly and their lower level of performance…
Everett, Michael J., and Alanson P. Minkler. "Evolution and Organisational Choice in Nineteenth-Century Britain." Cambridge Journal of Economics 17 (1993): 51-62.
Fanning, C.M., and T. McCarthy. "A Survey of Economic Hypotheses Concerning the Non-Viability of Labour-Directed Firms in Capitalist Economies." In Labor-Owned Firms and Workers' Cooperatives, edited by S. Jansson and A. Hellmark, 7-50. Aldershot: Gower, 1986.
Rooney, P.M. "Employee Ownership and Worker Participation Effects on Health and Safety." Economic Letters 39 (1992): 323-328.
Sex Discrimination in the orkplace
Salomon Smith Barney is one of the world's largest financial brokerage groups, with headquarters in New York City and 500 offices serving more than 100 countries around the world. Recent studies indicate that the financial industry as a whole continues many practices that are discriminatory to women, such as unequal pay as well and discriminatory hiring and promotion practices. This paper examines whether a gender gap in pay and promotion does exist within Salomon Smith Barney and the issues these practices raise from a human resources standpoint. It looks at the deleterious effects these practices could have, both in terms of lawsuits, negative publicity and market/employment competitiveness. Finally, the paper makes recommendations on how the human resources department could help Salomon Smith Barney avoid clams based on sex discrimination in the future.
Studies comparing the salaries of men and women show a dramatic disparity in…
Antilla, Susan. 2002. Tales from the Boom Room: Women vs. Wall Street. New York: Bloomberg Press.
Bureau of Labor Statistics. 2000. "Statistics & Data." Women's Bureau. Retrieved April 21, 2003 at http://www.dol.gov /wb/stats/main.htm.
Equal Employment Opportunity Center. 2002. "Court gives final approval in $47 million settlement." Retrieved April 21, 2003 at http://www.eeoc.gov/press/10-4-02.html .
Knox, Noelle. 2000. "Wall Street battles sexual bias Even as brokerage industry fights discrimination, women regularly make accusations." USA Today. September 15: B1.
(Olivia C. Smith, 2002).
One of the leading political Chicana women today is Dolores Huerta; she is the co-founder of the First Vice President Emeritus which belongs to United Farm Workers of America. orn in April 10, 1930, she founded an organization namely Community Service Organization in 1955 and in 1960 she founded Agricultural Workers Association. Later on, she worked with Cesar Chavez and built an organization, National Farm Workers Association which name was changed to United Workers Organizing Committee and afterwards it became UFW in 1966. She made a contract between UFW and Schenley Wine Company for the farm workers who successfully bargained with an agricultural enterprise. Dolores directed a boycott the UFW's national grape for the farm workers to the consumers. In result for this boycott, California table grape industry signed a three years agreement with the United Farm Workers. She is highly politically active and against the…
Jandura, Tereza. Women in the Mexican Revolution. http://www.ic.arizona.edu/ic/mcbride/ws200/mex-jand.htm#Soldaderas
Smith, Olivia C. 2002 Chicana Feminism http://www.english.emory.edu/Bahri/chicana.html
Wikipedia.com Maria Echaveste and Dolores Huerta www.wikipedia.comPath: Maria Echaveste, Dolores Huerta.
Role of Law in Business and Society
The functions and roles of law when it comes to business and society are not always understood by the lay person, but those functions are extremely important. The functions related to law and to the application of law are the backbone of how society and economies actually work, and will be reviewed and critiqued in this paper.
The Functions and Role of Law in Business
The law as it applies to business refers to a "…code of conduct that defines the behavioral boundaries for business activity," according to a generalization found in the book, The Legal Environment of Business (Meiners, et al., 2006). Though "law" is a term that is seen as abstract in some contexts -- and though there is no precise definition of law that carries over to many cultures -- the noted former Supreme Court Justice Oliver endell Homes put…
Barnett, Larry D. (2011). The Place of Law: The Role and Limits of Law in Society. Piscataway,
NJ: Transaction Publishers.
Jennings, Marianne, M. (2010). Business: Its Legal, Ethical, and Global Environment.
Independence, KY: Cengage Learning.
Human Resources -- Employee Separation Policies and Procedures
Employee separation is an inevitable aspect of the business world. Careful consideration of the company's core values, stakeholders, legal requirements and financial well-being are all taken into account when preparing a Separation Policy. By establishing and implementing procedures, some of which are followed even before an employee is hired, the company can accomplish employee separation with a minimum of financial, legal and morale risk.
Separation Policy ith Specific Procedures
A Separation Policy must be well-planned and effectively communicated to avoid some common pitfalls of employee separation. Most employees, absent a collective bargaining agreement, are "at will" employees (Zachary, 2008). However, employees still sue under several theories. To avoid successful suits by former employees, the company must take care to treat different categories of employees the same to avoid successful discrimination suits; terminate the employee only for lawful reasons to avoid successful wrongful…
Anonymous. (2006, February). Employee terminations. Retrieved February 16, 2014 from search.proquest.com Web site: http://search.proquest.com.ezproxy.trident.edu:2048/docview/200653775
Anonymous. (n.d.). Chapter 6: Managing employee separations, sownsizing and outplacement. Retrieved February 16, 2014 from docs.google.com Web site: https://docs.google.com/viewer?a=v&q=cache:lsOQaq7S5oIJ:classes.bus.oregonstate.edu/fall-06/ba453/Neubaum/Chapter6%2520post.ppt+voluntary+and+involuntary+employee+benefits+poerpoint&hl=en&gl=us&pid=bl&srcid=ADGEESiKGVYjQJcvtL-X7Hylxg7R1spJO6fS52Tc-gb-cuYA
Shanoff, B. (2006, April). Termination headaches. Retrieved February 16, 2014 from search.proquest.com Web site: http://search.proquest.com.ezproxy.trident.edu:2048/docview/219265004
Van Bogaert, D., & Gross-Schaefer, A. (2005, Summer). Terminating the employee-employer relationship: Ethical and legal challenges. Retrieved February 16, 2014 from search.proquest.com Web site: http://search.proquest.com.ezproxy.trident.edu:2048/docview/194226698
Reviewing the efficacy of the organization's compensation practices in retaining good employees, and for compliance with the Fair Labor Standards Act, and conducting random sample of time records is essential good business practice. Of course, the company's benefits must be in compliance with Consolidated Omnibus Budget Reconciliation Act (COBRA) and HIPPA regulations, and all employees must have been notified of the company's Family and Medical Leave Act (FMLA) policy. Finally, there should be effective and established recruitment, grievance, and exit procedures for employees, and these procedures should be clearly communicated to employees in a handbook ("Auditing your HR department," 2007, the HR Team).
hat could or should be done at Interclean to make the move to "organizational effectiveness?"
The first step to maximizing "organizational effectiveness" is to conduct an audit of how the company is doing in terms of its overall productivity. hile before the individual was the traditional unit…
What could or should be done at Interclean to make the move to "organizational effectiveness?"
The first step to maximizing "organizational effectiveness" is to conduct an audit of how the company is doing in terms of its overall productivity. While before the individual was the traditional unit of HR audits, it is also crucial to examine the organization's design, effective use of technology, the way that labor is organized and delegated, and how decisions are made by management ("Quantifying and Fostering Organizational Effectiveness," 2004, Herman Miller, pp.1-2)
After segmenting different units that contribute to efficacy, such as organizational, workplace, and technological design, the company should then examine their psychological and behavioral effects upon the workforce in terms of esteem, satisfaction, and comfort, and the type of work practices the employees' overall morale encourages. What is the overall positive negative or positive business effect of this psychological state of happiness or unhappiness -- are employees happy to serve customers, to they strive to be on time, or does their productivity and thus customer satisfaction suffer? If certain areas are deemed lacking, or encouraging effective rather
Job Analysis from 'Undercover Boss'
From the 9th episode, "Subway" of Undercover Boss -- Season 2, two jobs have been identified: Store Manager and Chief Development Officer.
In the episode, Subway's Chief Development Officer (CDO), Dan Fretman goes undercover in order to assist with the development of Subway stores. The position of Store Manager in the episode involves 4 persons who work alongside Dan.
For Chief Development Officer Position
The central part played by development in the area of strategic business decision-making has given rise to a need for managers who understand the concepts of development as well as gainful applications to processes, products, and services. A number of firms have dealt with the above need by creating the post of CDO or Chief Technology Officer (CTO), in charge of: Monitoring novel technologies and evaluating their capacity to develop into novel services or products; Supervising research venture selection…
Barwa, T. M. (n.d.). The Effectiveness of Position Analysis Questionnaires (PAQ) in Performance Appraisal Systems . Institute of Management Specialists.
DHMRI. (n.d.). Chief Business Development Position . Retrieved from DHMRI: http://dhmri.org/assets/DHMRIJobDescrip-CBDO.pdf
Mishra, D. (2013). Subway Customer Loyalty and Evaluating Marketing Strategies. Journal of Business Management & Social Sciences Research, 17-30.
Smith, R. D. (2002). The Role of the Chief Technology Officer in Strategic Innovation, Project Execution, and Mentoring.
-Mother can attend cancer support groups and receive advice and education through other channels regarding proper methods of providing care and improving quality of life for her husband
-Son can explore employment options as well as discuss various needs and responsibilities with his parents in order to determine his most effective utilization within the changed family dynamic
-Father can provide the levels of self-care that come easily, but should educate himself regarding his condition and ease care by allowing others to help when necessary
-Provide educational materials/answer questions for both mother and father
-Assist son with psychological transition of increased responsibility/familial dependence
-Instruction of proper care techniques for mother and father regarding father's condition
Levels of comfort and competence in new family roles should be easily assessed in regular visits through brief questioning. Monitoring father's health through standard vital sign and other appropriate tests will…
Bioecological Theory and the Family and Community Resource Conceptual Framework)
The Case History
"Kerry" has twin girls who are now 4 years old. he had been living with her defacto "Dean" for the past 6 years. he is a qualified beautician and has previously run a small business from home before the birth of the twins. he undertook schooling until year 12 (equal to UA high school diploma) at a public school, is one of two children herself and has supportive parents in a middle income suburb. he left her defacto 10 months ago after two years of domestic violence brought on by the use intravenous "speed." he has an AVO (Aggravated Violence Order) on "Dean" for 12 months. During the previous two years "Kerry" was subjected to physical and psychological trauma, the twins witnessed this abuse. "Dean" is on a fly in fly out basis working in the mines…
Bronfenbrenner, U. (1979). The Ecology of Human Development: Experiments by Nature and Design. Cambridge, MA: Harvard University Press.
Caspi, J (2008). Building a Sibling Aggression Treatment Model: Design and Development Research in Action, Research on Social Work Practice, 18: 575
Paquette, D & Ryan. J (2001). Bronfenbrenner's Ecological Systems Theory
Prochaska, J.O., & Norcross, J.C. (2007). Systems of Psychotherapy: A Trans-theoretical Analysis, Sixth Edition. Belmont, CA: Thompson Brooks/Cole.
Will either of their grievances be heard in court? Why?
Becky's case has a very realistic possibility of being heard in court. This is from releasing her at a time when she was experiencing complication during her pregnancy. In this situation, she can claim that the company did not abide by the different provisions of the law through terminating her employment (after she asked and was initially granted maternity leave). This surpasses the arbitration clause in her employment contract by directly violating the Family Leave and Medical Act. (Cihon, 2013)
Under the law, she can take up to 12 weeks off without having fear of retribution, demotion or suspension. However, in order to be eligible, she must request leave with 30 days prior notification to her employers. Evidence of this can be seen with guidance provided to employers from the Department of Labor which states, "Employees must comply…
Cihon, P. (2013). Employment and Labor Law. Mason, OH: Southwestern.
The Family Medical Leave Act. (2014). DOL. Retrieved from: http://www.dol.gov /whd/regs/compliance/whdfs28.pdf
Family Medical Leave Act (FMLA) and Return to Work
Balancing health, home, family, work:
With this purpose, this research paper probes into the methods, mechanisms that policies managers may utilize in the quest to facilitate employee leave and return to work. As this is a subject that deals with policies that may have a resounding impact on the welfare of both the company and it's employees, hence it is necessary that we take into account the psychological and emotional needs of individuals as discussed in the theories of Maslow, Herzberg and McClelland. This proposal shall demonstrate the beneficial aspects of leave policy implementation, as none exists at this point and prove that just a little consideration on the part of the management can turn any company's ventures into a roaring success.
THEORETICAL SUCCESS OF THE PROPOSAL:
Maslow's Hierarchy of Needs:
Maslow's Hierarchy of Needs states that each need…
However, not all facilities are prohibitively costly. Serenity Lane in Eugene, Oregon, proclaims as part of its marketing and advertising plan that it accepts almost all insurance plans, and trumpets the fact that it offers value deals like the "ExSL (Long-Term Program)" that requires only a relatively modest fee of $6,495 per 30 day period, with a 60 day recommended minimum stay" and "partial financing available and a $500 discount for paying cash up front" (Treatment Costs at Serenity Lane," Official ebsite, 2007). In contrast, a stay of the same duration at the more famous Betty Ford Center is $23,000 ("Programs," the Betty Ford Center, 2007).
Quality forms of rehabilitative assistance exist for individuals in a variety of income brackets. Also, for individuals who qualify, there are Medicaid assistance programs provided by the federal government. However, less costly programs often have longer waiting lists and offer less comprehensive, quality, and…
Health Insurers Block Mental Health Parity Bill." Drug Rehabs.com. 23 Sept 2007. http://www.drug-rehabs.com/health-insurers-block.htm
How Do I pay for a Drug Rehab?" Therapist Unlimited. 23 Sept 2007. http://therapistunlimited.com/rehabs/Articles/Drug+Rehabs/How+Do+I+pay+for+a+Drug+Rehab
Oregonians Gain Benefit of Parity MH Coverage." Psychiatric News.
40(19): 2. 7 Oct 2005. APA Website. http://pn.psychiatryonline.org/cgi/content/full/40/19/12
An eligible employee shall be entitled to a total of seven days of leave because of the death of a parent, spouse, son, daughter, or person for whom the employee serves as designated representative... If the deceased died in the line of duty as a member of the uniformed services. Such leave is intended to permit the employee to prepare for or attend the burial ceremony of the deceased member of the uniformed services and may be paid or unpaid leave.
Conversely, however, the United States Federal government presently has no laws in place to similarly (or otherwise, in comparable and appropriate ways) formally acknowledge and honor the passing of federal government personnel other than military personnel.
According to U.S. Code Title 5, Part III; Subpart E; Chapter 63; Subchapter II (2005), the federal government does in fact authorize, according to three separate sections of Title 5: (1)…
Acuff, J. (c2004). The relationship edge in business: Connecting with customers and colleagues when it counts. Hoboken, N.J.: Wiley.
Andrus, P. (2005). Grief in the workplace. Martin & Castille. Retrieved February 3, 2005 at http://www.mourning.com/your_grief_workplace.html .
Banusiewics, J.D. (2004). Customs of military funerals reflect history, tradition.
United States Department of Defense. Retrieved January 31, 2005, at http://www.defenselink.mil/news/Jun2004/n06102004_200406106.html .
Maryland Labor Laws
A knowledgeable and well-trained human resources department in any organization is a very valuable asset due to the scope and importance of employment relations and the effects that those relations have on the profitability of that organization. New laws and regulations regarding employee relations appear often and the ability to manage these rules and regulations is mandatory if that business desires to be successful. The purpose of this essay is to explore a specific human resources issue and design a plan to address the problems that may arise from this issue.
This essay will examine the important circumstances that arise when dealing with employees with disabilities. The human resources plan presented in this example will address the issue of an introduction of new technology for employees who may experience physical limitations. Before detailing the plan, I will list and describe the federal and Maryland state laws…
Aitken, R. (1993). Human Resources Planning: Issues and Methods. Department of Population and International Health, Harvard University, July 1993. Retrieved from http://www.hsph.harvard.edu/ihsg/publications/pdf/No-1.PDF
Boudreau JW & Ramstad PM (2006). "Talentship and Human Resource Measurement
and Analysis: From ROI to Strategic Organizational Change," Human Resource
While pregnancy per se is not a permanent condition, there are long-term consequences of the state. (M kel, 2005) the issue of work/life balance and quality of life can become important factors in the life of the female employee. Many organizations also tend to have the perception that women with children will be less focused and dedicated to their work. (Kidwell, 2001) the idea that the man is the bread winner and the woman the nurturer is still the main stream value. Although women have been in the workforce since the industrial revolution, in the past they exited the workplace after a child was born and returned only much later. In the past few decades however, women are less likely to want to leave the workforce. Many factors have impacted this decision -- higher standard of living, single mothers, lower wages and fewer opportunities to return back after an extended…
Anonymous. (2005). Keeping mum: pregnant employees and employment rights. Human Resource Management International Digest, 13(4), 41-45.
Bragger, J.D., Kutcher, E., Morgan, J., & Firth, P. (2002). The effects of the structured interview on reducing biases against pregnant job applicants. Sex Roles, 46(7/8), 215-226.
Gueutal, H.G., & Taylor, E.M. (1991). Employee pregnancy: The impact on organizations, pregnant employees, and co-workers. Journal of Business and Psychology, 5(459-475).
Halpert, J.A., Wilson, M.L., & Hickman, J.L. (1993). Pregnancy as a source of bias in performance appraisals. Journal of Organizational Behavior, 14(649-663).
Impact that Technological Advancements have on Compensation and Benefits Processing
Advancement in technology has been of significant benefit for compensation and benefits processing. In particular, benefits administration has been drastically transformed, owing to the internet. More so, the kinds of benefits desired have also gone through some changes in recent years. In the present, administration of benefits is now more of a self-service undertaking on the organization's website or Intranet. In turn, personnel are now able to go online and finish their contact information, chosen desired options and make changes as required. The technology has considerable consequences for freeing up H employees, and to a lesser magnitude, the organization's managers for more important activities. Technology makes it possible to have greater flexibility in the compensation and benefits plans and places more of the responsibility of selection in the hands of employees. In addition, technology has provided employees more…
Ensher, E. A., Nielson, T. R., & Grant-Vallone, E. (2003). Tales from the hiring line: effects of the internet and technology on HR processes. Organizational dynamics, 31(3), 224-244.
HR Council. (2017). Compensation and Benefits. Retrieved from: http://hrcouncil.ca/hr-toolkit/compensation-overview.cfm
HR Magazine. (2009). Self-Insured vs. Fully Insured. Society for Human Resource Management. Retrieved from: https://www.shrm.org/hr-today/news/hr-magazine/pages/0909wellsc.aspx
Paychex. (2014). Employee Benefits: What Basic Benefits Must a Company provide Employees? Retrieved from: https://www.paychex.com/articles/employee-benefits/employee-benefits-a-company-must-provide
Incentive Pay: Strategic Compensation and Its Impact on Human esource Management in the United States
Compensation refers to a wide array of benefits and pay that a company uses to reward employees for performance. Strategic compensation refers to any type of compensation strategy that is aimed at rewarding good performance. Because the variety of companies and their internal structure varies wildly, strategic compensation strategies can vary wildly. For example, many direct sales companies where employees are actually independent contractors use strategic compensation strategies, giving prizes for hitting certain sales goals and increasing compensation percentages with sales. On the other end of the spectrum, large corporations almost always include stock options in higher-level compensation strategies, which directly ties the degree of financial reward to overall corporate performance. Individual companies can tailor their compensation strategies to what their firm does, the number of employees, and what is likely to motivate those employees.…
Berrone, P. & Gomez-Meija, L.R. (2009). Environmental performance and executive compensation: an integrated agency-institutional perspective. Academy of Management Journal, 52(1), 103-126.
Chen, C. & Huang, J. (2009). Strategic human resource practices and innovation performance:
the mediating role of knowledge management capacity. Journal of Business Research, 62(1), 104-114.
Chenevert, D. & Tremblay, M. (2009). Fits in strategic human resource management and methodological challenge: Empirical evidence of influence of empowerment and compensation practices on human resource performance in Canadian firms. The International Journal of Human Resource Management, 20(4), 738-770. doi:10.1080/09585190902770547
Training Job Aid
Job Benefits Training Aid
EX1 -- Base Salary $20,000 per year
An Additional $800 per year of service
FMLA -- Family Medical Leave Act of 1993. Not equired by companies with under 50 employees.
Advantages -- Provides coverage to excessive medical conditions and financial loss from them.
Disadvantages -- educes the amount of the employee's paycheck
$25,000 per year
Additional bonuses for meeting quarterly sales goals as determined by company
Social Security Taxes - Social Security Act of 1935 provides benefits to employees in the case of retirement, disability, death, and survivor's benefits. These benefits are all under different sections of the code.
Advantages -- Allows Employee the ability to take time off of work for personal reasons and to refresh themselves. educes work-related stress.
Disadvantages -- Employee not eligible until they have been with…
HRCap. Inc. (2012). Benefit Required by Statute. Retrieved from http://hrcap.com/Images/v2/HRCap_Articles/appendix_secured/Appendix%2011.pdf
Thriving Small Business. (2012). 5 Employee Benefits Required by Law. Retrieved from http://thethrivingsmallbusiness.com/articles/employee-benefits/
Managing Professionals in Virtual Environment
As technology has evolved, the reality of virtual organizations has begun to take hold in a variety of industries. It is now commonplace for employees to work, at least in part, from offsite. Telecommuting is a reality that has allowed companies to reduce costs, become more competitive, and facilitate happier more productive employees. Virtual employees, or "telework is one of the most radical departures from standard working conditions in the suite of flexible work practices now gaining widespread acceptance." (Daniels, Lamond, & Standen, 2001)
Managing Professionals in Virtual Environment
As technology has evolved, the reality of virtual organizations has begun to take hold in a variety of industries. It is now commonplace for employees to work, at least in part, from offsite. Telecommuting is a reality that has allowed companies to reduce costs, become more competitive, and facilitate happier more productive employees. Virtual employees, or…
Allert, J.L. (2001, Mar.). You're hired, now go home. Training & Development, 55(3). Retrieved May 30, 2004, from Academic Search Premier database.
Broadfoot, K.J. (2001, Aug.). When the cat's away, do the mice play? Management Communication Quarterly, 15(1). Retrieved May 30, 2004, from ProQuest database.
Cascio, W.F. (2000, Aug.). Managing a virtual workplace. Academy of Management Executive, 14(3). Retrieved May 30, 2004, from Business Source Premier database.
Conner, D.S. (2003, Mar.) Social comparison in virtual work environments: An examination of contemporary referent selection. Journal of Occupational & Organizational Psychology, 76(1). Retrieved May 30, 2004, from Academic Search Premier database.
Strategic ole of H
In most companies today, the H function provides vital services to such stakeholders as job applicants, workers, supervisors, middle managers, and executives. Yet, the H function tends to be located at the end of the business chain, on the reactive side, and too frequently centers on carrying out actions rather than achieving outcomes. The role of the H function is frequently one of providing people, training, and secluded H efforts after others have formulated organizational strategy and have initiated operational accomplishment. Since the 1990's, H practitioners have been motivated by events in their organizations to direct concentration to such issues as downsizing, outplacement, retraining, diversity, worker rights, technological effects on people, and recruitment of skilled talent in a time of labor deficiencies and record employment. Cost centered management of worker benefits programs such as health insurance, workers' compensation, and pension plans have…
Brockway, S. (2007). The art of business partnering. Strategic HR
Review, 6(6), 32-35.
Boudreau, J., & Ramstad, P. (2005). Talentship and the new paradigm for human resource
management: From professional practices to strategic talent decision science. People and Strategy, 28(2), 17-26.
Factors related to hospitals and the patient population influence incidents of discharge Against Medical Advice, also known as AMA (Karimi et al., 2014). There is a high rate of discharges against the doctor’s advice after admission into emergency units. There is a need to probe the reasons behind such a trend (Shirani et al., 2010). It should be noted with concern that AMA is a healthcare institutions’ problem across the world because, in cases where children are discharged in such a manner, the blame cannot fall on these children. Children do not contribute to such decisions (Mohseni et al., 2013). Figures show that out of every 65 to 120 discharges from general hospitals across the world, one is a case of AMA. Such action is prone to dire consequences including litigation (Devitt et al., 2000). The scenario is a challenge to physicians across the globe (Taqueti, 2007). It is…
The Freedom Information Act of 2002 reported 2,351 occurrences of forcible sex offenses on campus and 1,670 in residence halls; 2,953 aggravated assaults on campus; 2,147 robberies on campus and 29,256 burglaries also on campus; and 1,098 arsons on campus in that year alone. This was the summary of campus crime statistics released by the U.S. Department of Education (Security on Campus 2004).
This document and national studies reveal the prevalence of sexual assault on both male and female college and university students. In a number of these recent surveys conducted in approximately 6,000 schools, one of four female students admitted to having been subjected to forced sexual contact or forced sexual intercourse and that 90% of them knew their offenders. At the time of assault, 75% of these male students and 55% of the female were either drunk or under the influence of drugs (Security on Campus).…
Clery, Connie and Howard. (2001). What Jeanne Didn't Know. Security On Campus, Inc. http://www.securityoncampus.org/aboutsoc/didntknow.html
Security on Campus. (2004). Campus Crime Statistics Summary. http://www.securityoncampus.org/crimestats/index.html
2002). What to Do If You Become a Victim of Campus Sexual Assault. Security on Campus, Inc. http://www.securityoncampus.og/victims/campussexualassault.html
United States Congress. (2001). Campus Sexual Assault Victims' Bill of Rights. Higher Education Amendments of 1992.Victim Assistance: Security on Campus, Inc. http://www.securityoncampus.org/victims/billofrights.html
" (Rand National Defense Research Institute, 2009)
It is reported by Rand National Defense Research Institute that when service members and their spouses were polled for the purpose of making an assessment of the readiness of the family for the most recent deployment. Findings state as follows:
65% of service members and 60% of spouses indicated (Rand National Defense Research Institute, 2009)
The way that family readiness was defined is stated to however vary and that there are three specific readiness categories were cited including:
(1) financial readiness;
(2) readiness related to household responsibilities; and (3) Emotional or mental readiness. (Rand National Defense Research Institute, 2009)
It is critically important that knowledge be gained concerning how families prepare for deployment of the service member. It was found in the study conducted by Rand National Defense Research Institute that "…like readiness, coping meant different things to different families." (2009)
Castaneda, Laura Werber (2008) Deployment Experiences of Guard and Reserve Families: Implications for Support and Retention. Rand National Defense Research Institute. Online available at: http://www.litagion.com/pubs/monographs/2008/RAND_MG645.sum.pdf
How Can the Military Best Support Guard and Reserve Families During Deployment? (2009) Rand National Defense Research Institute. Online available at: www.rand.org
CHAPTER FOUR: Results (4-5 pages)
Pisano, Mark C. (2008) Military Deployment: How School Psychologists Can Help. NASP Communique, Vol 37 #2. October 2008. Online available at: http://www.nasponline.org/publications/cq/mocq372deployment.aspx