Human Resource Management Law Employment Essay

Published Date: 02 Nov 2017

HRM assignment

[Instructor’s Name]

[Student’s Name]

[Course]

[Date]

Human resource management:

Human resource management is about managing the people working within your organization. It the management of people and requires different approach to move forward. It is a managerial function that tries to match the needs of organization’s needs to skills and abilities of its employees. HRM function is about how people are managed within organization. It is bringing the people in organization helping them to perform their work, solving their problems, and compensating them for their work. Humans are key resources of organizations, success or failure of companies depends on the abilities and skills of people working within it (Delaney& Huselid, 1996). Knowledge base of employees is the foundation of core competencies of organization. Human resources create organizations and help them to survive. Organizations are highly dependent on human resources, without this capital, organizations may disappear.

Employment laws:

Like other disciplines of life, employment is also regulated by formal set of rules and laws. Employment law refers to many common law rulings, administrative rules, statutes, legislation make up the interpretation and practice of law. Governance of employment laws fall under the federal and state government as well as administrative regulations and judicial precedent (Fiss,1971). Employees make claims about issues such as employment discrimination, workers compensation and unemployment compensation; all these claims are related to and come under employment laws. Similarly other issues such as workplace safety standards, retirement and pension (Cooper & Sobol, 1969), fair wages and employee benefits are also part of this legal area. Employment laws deal with actions, rights and responsibilities of both employer and as well as employee. Department of labor is a prevalent and well known body that administer and regulate employment laws both at federal as well as state level.

Major laws of department of labor:

There are more than 180 federal laws that are administered by department of labor. These regulations and mandates cover many workplace activities for about 125 million workers and 10 million employers. Employment laws are related and applicable to job seekers, business, retirees, workers, grantees and contractors.

Wages and hours:

Standards of wages and overtime pay are prescribed under Fair and Labor Standards Act and these standards affect most private and public employment. The act is administered by wage and hour division. Under this law, employer is required to pay at least federal minimum wages to covered employees who are not otherwise exempt, and overtime pay of one and one half times the regular rate of pay. Labor standards of immigration and nationality act are also enforced by Wage and Hour division that apply to aliens authorized to work under certain nonimmigrant visa programs.

Workplace safety and health:

Occupational safety and health administration (OSHA) is regulatory body for occupational safety and health act. Employer, who is covered by OSH act, must comply with regulations and safety and health disseminated by OSHA.

Compensation of workers:

Employment laws also address the important area of worker’s compensation. The Long shore and Harbor’s Worker’s Compensation Act LHCWA, is administered by OWCP, office of workers compensation programs. It provides medical care and compensation to certain maritime employees and to qualified dependent survivors.

Employee benefits Security:

Employee benefit security matters are regulated by Employee Retirement Income Security Act. This Act regulates employers who offer welfare benefit plans or pension for their employees. Title IV of the act requires certain employers and plan administers to fund an insurance system to protect specific kinds of retirements benefits with premiums paid to PBGC.

Other important titles covered by employment related Act and laws include:

Labor management and reporting disclosure act (LMRDA)

Employee protection (regulated under OSHA)

Reemployment and uniformed services employment rights Act

Employee polygraph Protection Act

Mine Safety and health

Family and medical leave Act

Plant closing and layoffs

Construction

Transportation

Harassment issues at workplace:

Workplace harassment is a form of discrimination practices in employment. This violates the title VII of the Americans with Disabilities Act of 1990, (ADA), the Age Discrimination in Employment Act of 1967 and Civil Rights Act of 1964. Harassment is undesirable act that is based on religion, race, sex, age, national origin, genetic information or disability. Harassment is also unlawful in certain cases such as when conduct is severe enough to create intimidating, abusive or hostile work environment for a person and enduring the offensive conduct becomes a condition of continued employment. Harassment against individuals in retaliation for filing a discrimination charge, participating or testifying in any way in an investigation is prohibited by anti-discrimination laws (Gutek & Koss, 1993). Prevention of activities that result in harassment practices at workplace is best tool to eliminate harassment at workplace. Employer must take active initiative and appropriate steps to correct and prevent unlawful practices of harassment.

Employer Liability for Harassment:

When practices of harassments are present at workplace, employer help liable for them by supervisor and it results in a negative employment action such as termination, loss of wages and failure to promote or hire. If hostile work environment is result of supervisor’s harassment, liability of employer can be avoided only in case when he is able to prove that he has reasonably tried to prevent and correct harassing behavior and employee has failed unreasonably to take advantage of any preventive opportunities provided by employer.

Outline of firm’s harassment policy:

Harassment policy for the organization will be developed keeping in view all related laws and regulations. In order to have an efficient policy, firm will review and up-date policy on regular basis. The main principals of policy will include:

1: the organization highly recognizes that discrimination and harassment are degrading, offensive and prohibited under Rules of professional and Human Rights Code. And it also recognizes the obligations under relevant laws.

The firm is committed to provide a work environment promoting equality and ensuring that individuals are treated with dignity and respect.

Discrimination and Harassment will not be tolerated. Regardless of Seniority, individuals involved in practices or behavior of harassment will be strictly disciplined.