SPHR - All topics, terms to definitions

Ratio that allows management to determine the financial impact particular activities and programs will have on a company's profitability

Cost-benefit analysis

Periodic compensation payment given to eligible employees regardless of their performance or company profitability; usually linked to inflation.

Cost-of-Living Adjustments

Form of intervention in which the emphasis is on the cause of a problem rather than on job performance

Counseling

Establish an anonymous tipline.

Ethics best practice

Qualified tuition plans that provide families a federal tax-free way to save money for college.

529 plans

*This* made changes to the definition of "disability," clarifying and broadening that definition—and therefore the number and types of persons who are protected under the ADA and other Federal disability nondiscrimination laws.

ADAAA (2008)

Undesired event that results in physical harm to a person or damage to property.

Accident

Review conducted at the end of a project. To evaluate what worked, what didn't and what knowledge can be retained.

After-action evaluations, "post-mortem"

Principle under which regulations on unfair labor practices that apply to employers and unions also apply to acts of their agents

Agent-principal relationship

The ability to analyze facts, generate a comparison and draw correct inferences or conclusions from available information.

Analytical thinking

The study of how adults learn. Often involves getting the adult engaged in setting the learning structure. Characteristics of learning: 1. Self-Concept 2. Experience 3. Readiness to learn 4. Orientation to learning 5. Motivation to learn

Andragogy

Evaluations of performance, typically done once per year.

Annual reviews

An automated approach for keeping track of job applicants from the receipt of an application or resume to final disposition.

Applicant Tracking Systems (ATS)

Observed behavior rating system.

Appraisal Methods: Behavioral

Ranking, paired comparison, forced ranking

Appraisal Methods: Comparison

A rating method used in job evaluation and performance evaluation whereby the rater is asked to select the best and worst employees from a listing of all employees and then rank them accordingly.

Appraisal Methods: Comparison: Alternation ranking

Method of evaluating candidates using content-valid work samples of a job; typically for managerial positions.

Assessment Centers

Financial, physical, and sometimes intangible properties an organization owns.

Assets

Financial statements that have been examined by an independent auditor.

Audited Financial Statements

Analysis in which organization considers internal and external availability in determining theoretical availability of minorities and women for established job groups.

Availability analysis

Outsource the entire HR function.

BPO Business Process Outsourcing

The term used to describe those individuals born between 1945 and 1970.

Baby boomers

The term used to describe those individuals born between 1961 and 1972.

Baby busters

Picture of the financial condition of the organization on a specific day. Assets must equal Liabilities and Equity.

Balance Sheet

Designed by Robert Kaplan and David Norton. Tracks information in four areas: Measurement approach that provides an overall picture of an organization's performance as measured against goals in financial, customer, key internal processes, and hiring/training.

Balanced Scorecard

Bars to Elections: When the NLRB certified a bargaining representative, an election will not be ordered for at least a year.

Bars to Elections: Certification-year

Bars to Elections: Not direct an election, while a bargaining unit (BU) is covered under a valid collective bargaining unit.

Bars to Elections: Contract

Bars to Elections: When the union withdraws a petition, no elections will be approved for 6 months.

Bars to Elections: Prior-petition

Who performs these: Planning, organizing, directing, controlling.

Basic Management Functions

BOD elected by shareholders. Inside/Outside - EE's vs. someone without operational responsibilities.

Board of Directors

Open-door policy, All-hands meetings, Staff meetings, Brown-bag lunches, One-on-one meetings, Email, Webcasts

Bottom-Up Communication Strategies

Union and EE's work together to make their dissatisfaction known through *this* action with a few methods: Ally Doctrine, Alter Ego Doctrine, Double Breasting, Secondary Boycott, Straight-line Operations.

Boycotts

Determines how many and what kind of resources will be required to accomplish goals and objectives generated by the strategic plan. 2 methods: Historical Budget information and zero-based budgeting (ZBB).

Budgeting

CBA: Wages, Hours, Other Terms and Conditions. Union Security, No Strike/Lockout, Contract administration, Dues Check-off, Zipper,

CBA: Common Clauses

CBA: Common Clauses: This clause spells out Discipline, grievance, arbitration, how clauses will be modified.

CBA: Common Clauses: Contract administration

Type of Section 125 plan that allows employees to choose from a menu of benefits and allocate pretax dollars to pay for those benefits.

Cafeteria Plans

Aptitude Tests, Cognitive Ability Test, Personality Test, Integrity Tests, Pyschomotor Assessment Tests, Physical Assessment Tests

Candidate Testing Programs

Candidate Testing Programs: Measure an individual's ability to learn information or acquire a skill.

Candidate Testing Programs: Aptitude Tests

Candidate Testing Programs: A testing instrument used during the selection process in order to measure the candidate's learning and reasoning abilities.

Candidate Testing Programs: Cognitive Ability Tests (CATs)

Candidate Testing Programs: Physically able to perform job duties.

Candidate Testing Programs: Physical Assessment Tests

Increasingly popular since being approved in 1985. Form of defined benefit plan that defines the promised benefit in terms of a hypothetical account balance and features benefit portability. Many companies were converting their plans, but discriminates against older workers, suspended conversions.

Cash Balance Plans (CBP)

The practice of hiring employees on an as-needed basis, either as a replacement for permanent full-time employees who are out on short- and long-term absences or to meet employer's additional staffing needs during peak business periods.

Casual employment

A labor relations term used to define periodic suspensions of negotiations in order to provide both sides with an opportunity to consider their relevant positions.

Caucus

Degree to which decision-making authority is restricted to higher levels of management in an organization.

Centralization

Decision-making authority is at higher levels of the organization.

Centralized Organization

NLRB certification indicating that a union has won an election and will be the exclusive representative of the bargaining unit

Certification of representative

NLRB certification indicating that a union has lost an election.

Certification of results

Balance the needs of various stakeholders, listen to their concerns, and move them toward acceptance of and commitment to change.

Change Agent Responsibilities

Civil Rights, Executive Orders, Copyright, and Patent

Civil Rights Legislation that refers to HRD

Situation in which an organization shares joint responsibility and liability for their alternative workers with an alternative staffing supplier; also known as joint employment.

Co-employment

Collective Bargaining Strategies: When an employer bargains with several unions simultaneously but on a separate basis

Collective Bargaining Strategies: Coordinated bargaining

The result of legal decisions made by judges in case history. Dictates that custom and usage have the force of law, even if not specifically found in legislatively enacted, codified, written laws.

Common law doctrine

Compensation: Base pay, Performance-Based Compensation, Seniority-Based Compensation

Compensation: Types

Compensation: Variable: Organization-wide incentive plans in which funds are made available for incentive awards based on predetermined criteria and standards

Compensation: Variable: Performance-sharing plans

Process of developing strategies for resolving issues and maintaining or rebuilding effective working relationships.

Conflict Resolution

Refers to an individual employed in a job that does not have an explicit contract for long-term employment (i.e., independent contractor or temporary employee)

Contingent worker

Plans created to move forward from Disaster recovery to normal operations.

Continuity of Operations Plan

Legally enforceable agreement between two or more parties in which all parties benefit in some way.

Contract

Independent Contractors; self-employed who work on a project or fee basis with multiple customers or clients. Not covered by FLSA.

Contractors

Established when the test predicts or correlates to behavior. Refers to the link between a selection device and job performance.

Criterion Validity

Best utilize people, transfers and reductions, developing strategies to keep key employees, difficult piece is merging two cultures.

Cultural Integration

An Analysis of the data is made to identify gaps between the goal and actual performance, explain why the gaps occurred, and rank possible improvements.

DMAIC: Analyze

Systems are revised to incorporate the improvements, employees are trained in the new process. Prevent backsliding.

DMAIC: Control

The first step is to define the customer and issues of importance to them, along with the process and project parameters.

DMAIC: Define

Deferred Compensation: Tax-deferred accounts to which wage earners can contribute an amount up to a yearly maximum

Deferred Compensation: Individual retirement accounts (IRAs)

Contributions from EE and EE'r, contribution is fixed but the benefit is not, depends on investments. EE's take the risk for having funds available at retirement. Many types: Profit-Sharing, Money Purchase Plans, Target Benefit Plans, 401(k) Plans,

Defined Contribution Plans

Any rating scale that uses adjectives or phrases to determine performance ratings.

Descriptive scale

Protect new, original, and ornamental designs of manufactured items. 14 years.

Design Patents

EE'rs decide if leave is FMLA-qualified or not. EE'rs responsibility to obtain neccessary information and follow up if needed. Does not require EE's to specifically state they need FMLA. If leave is denied based on lack of information, up to the EE to provide more information. EE'rs can retroactively assign leave as FMLA-qualified as long as notice is given to the EE.

Designation of FMLA Leave

Managers must establish relationships with EE's to encourage and support them.

Directing

Describes activities that take place once the intitial response to the emergency is over. Guidelines and procedures to be used by an organization for the recovery of business operations when lost due to disasters such as earthquakes, fires, tornadoes, floods, hurricanes, terrorism, or epidemics. Explains previously identified contingency plans for key systems and operations.

Disaster Recovery Plan

Give EE's due process, treat them fairly. In dangerous situations, the best course of action is suspension, followed by an investigation. HR can lend critical support; counseling supervisors before the termination meeting and providing information so that managers avoid wrongful termination claims.

Disciplinary Terminations

Applies to businesses with federal contracts of $100,000 or more. They must 1. Develop and Publish a Written Policy 2. Establish an Awareness Program 3. Notify EEs about contract conditions 4. Notify the contracting agency of violations 5. Establish penalties for illegal drug convictions 6. Maintain a drug-free workplace

Drug Free Workplace Act

What kind of testing are these? Pre-employment Testing, Random Testing (need computer program to make it truly random), Scheduled Testing, Reasonable Suspicion Testing.

Drug Testing / Substance Abuse Testing programs

State and Local Governments, Primary and Secondary Schools, Institutions of higher education, Indian Tribes, Tax Exempt private membership clubs.

EEO Eligibility: Exceptions

More than 50, but less than 100 EE's, which have contracts of $50,000 or more or depositories of government funds, or are financial institutions issuing or paying US savings bonds.

EEO Eligibility: Federal Contractors

ERISA: Legal orders issued by state courts or other state agencies that create or recognize the right of an alternative payee to receive all or a portion of the benefits under a retirement plan

ERISA: Qualified Domestic Relations Orders (QDRO)

Modified work programs designed to get employees who have been out of work due to injury or illness to return to the workforce sooner by providing them with less strenuous alternative jobs until they are able to resume their full regular duties.

Early return to work program

Gathering information about employees attitudes and opinions provides insight into how well the organization is meeting employee needs.

Employee Attitude Assessment

IRS has guidelines for determining whether an individual is an EE or contractor. Three categories; Behavioral Controls, Financial Controls, Type of Relationship of the parties.

Employees or Contractors

Short-form, long-form, Job-specific, Weighted Application

Employment Applications

Equal Employment Opporutnity Commission - EEOC

Enforcement Agency

Practice of forecasting risks and taking steps to mitigate their impact. 1. Identify risks (HR audit) 2. Assess impact potential and likelihood 3. Identify steps to mitigate risks. 4. Make recommendations/implement 5. Monitor

Enterprise Risk Management ERM

Three examples of this type of hazard are Physical, Chemical, Biological.

Environmental Health Hazards

Collects information about an organization, industry, marketplace, and technology for use in the strategic planning process. Two elements: internal and external scanning.

Environmental Scan

Amount of employer-provided group-term life insurance over $50,000

Excess group-term life insurance

External Compensation Considerations Factors: Economic growth, inflation, interest rates, unemployment, and cost of living, all effect cost of labor.

External Compensation Considerations Factors: Economics

Lead, meet or lag the market. Lead- above, meet- at, lag-below market.

External Conditions

FLSA: 2004 Exemption Tests: Factors of determining actual practice of improper deductions 1. number of deductions to the number of infractions 2. time period during which the improper deductions were made. 3. number of employees affected 4. geographic location of the affected employees and managers.

FLSA: 2004 Exemption Tests: Actual Practice

FLSA: 2004 Exemption Tests: Salary requirements plus these job titles: Computer Systems Analyst, Computer Programmer, Software Engineer, or similarly skilled jobs AND... 1. apply systems analysis techniques and procedures 2. Design, develop, document, analyze, create, test, or modify computer systems 3. design....machine operating systems 4. combination of above. Excluded are those who use computers for their work.

FLSA: 2004 Exemption Tests: Computer Employee Exemption

FLSA: 2004 Exemption Tests: The primary duty requires invention, imagination, originality or talent in a recognized field or creative endeavor.

FLSA: 2004 Exemption Tests: Creative Professional

FLSA: 2004 Exemption Tests: 1. Primary duty is managing the organization or business unit. 2. Customarily and regularly direct the work of at least two other FT employees. 3. Authority to hire, fire, promote and evaluate employees or provide input regarding those actions that carries weight. 4. EEs who own 20% equity interest in the organization and actively engaged in management are considered bona fide exempt executives.

FLSA: 2004 Exemption Tests: Executive Exemption

FLSA: 2004 Exemption Tests: $100,000 or more, of which at least $455 is paid in salary, and must perform office or non-manual work and at least one of the duties of the earlier exemptions.

FLSA: 2004 Exemption Tests: Highly Compensated Individuals

FLSA: 2004 Exemption Tests: ERs who have an "actual practice" of improper deductions risk the loss of exemption status for all employees in the same job classification, not just the affected employee. Loss of exemption is effective for the time during which the improper deductions were made.

FLSA: 2004 Exemption Tests: Loss of Exemption

FLSA: 2004 Exemption Tests: No salary requirement for *this* employee type. Employees must be primarily making sales or obtaining orders for which consideration will be paid by customer AND... be customarily and regularly engaged away from the employer's place of business.

FLSA: 2004 Exemption Tests: Outside Sales Exemption

FLSA: 2004 Exemption Tests: Advanced knowledge in a field of science or learning acquired through school and primary duty requires the use of this advanced knowledge for work that requires consistent use of discretion and judgment.

FLSA: 2004 Exemption Tests: Professional Exemption: Learned Professional

FLSA: 1947, Established ERs not required to compensate for commute time. Requires ERs to compensate for work done before or after regular work hours, including the lunch hour.

FLSA: Amendments: Portal to Portal Act

FLSA term: Regular commute time is not compensable, per the Employee Commuting Flexibility Act (1996). However, travel pay is typically paid to nonexempt workers for the time they spend traveling to other-than-primary work sites or between work assignments/sites

FLSA: Travel Time

FLSA term: Travel during work time (including weekends) is compensable time during normal work hours. DOL excludes time on an airplane, train, boat, bus or automobile from compensable time calculations.

FLSA: Travel Time: Away From Home

FLSA term: Drive time between sites is compensable.

FLSA: Travel Time: Between Job Sites

FLSA term: Any time a EE is required to return to work after working a full day, it is compensable.

FLSA: Travel Time: Emergency

FLSA term: Going one day to a different site than normal, travel time there is considered compensable.

FLSA: Travel Time: One-day offsite assignments

FLSA term: Someone who comes early is waiting to start their shift, not compensable.

FLSA: Waiting to Engage

FMLA Term: 1. WH-380-E (EE serious health condition) 2. WH-380-F (Family member serious health condition) 3. WH-384 (for exigency leave for military families) 4. WH-385 (Serious injury or illness to covered service member)

FMLA: Medical Certification Forms

FMLA: Reasons for Leave: 1. Short-notice Deployments 2. Military Events and Related Activities 3. Childcare and school activities 4. Financial and legal arrangements 5. Counseling 6. Rest and Recuperation 7. Post-deployment Activities 8. Leave for other related purposes as agreed to by EE and ER.

FMLA: Reasons for Leave: Qualifying Exigencies

Career development programs that involve identifying a pool of potential leaders and rapidly increasing their leadership skill development

Fast-track programs

Private body that decides how financial executives should report their firms' financial information to their shareholders

Financial Accounting Standards Board (FASB)

Diagram that maps out a list of contributing factors that are thought to affect a problem or a desired outcome, potential sources of error/defects. Used to organize information during brainstorming sessions. Can look like a fish skeleton.

Fishbone, Ishikawa, Cause and Effect Diagram

Reviews conducted at the same time for all employees.

Focal Review

Prohibits American companies from making corrupt payments to foreign officials for the purpose of obtaining or keeping business.

Foreign Corrupt Practices Act (FCPA)

Bargaining that takes place at a department or unit level which may lead to an unwritten consensus to ignore certain provisions of a collective bargaining agreement.

Fractional bargaining

Flat out lying. Intentional deception relied upon and resulting in injury to another person. Neglecting to tell someone a plant is closing in 6 months when asked about its future.

Fraudulent Misrepresentation

Health-care plan in which the employer pays a third-party insurance carrier premiums that cover medical charges, administrative costs, sales commissions, taxes, and profits

Fully insured health-care plan

Generally accepted accounting principles, standards for the private sector,

GAAP

Maximize the ROI of resources spent on employee rewards.

Goal of Total Rewards

When changes are made to the salary structure some employees may fall outside that range. *This* is when an employee falls below that range. May be because their experience or skills do not meet the requirements or a result of performance issues.

Green Circle

Six sigma: *These* employees have received six sigma training and participate on project teams part-time, while working in another role.

Green belt

A new operation that is built from "the ground up".

Greenfield Operation

Provides an orderly way to resolve differences of opinion in regard to a union contract

Grievance procedure

Hours, wage rates, shift differentials and leave time, to calculate whats owed before taxes.

Gross Pay

Sales revenue less cost of goods sold.

Gross Profit

Avian Influenza. Affects birds, with only a small number of cases of human infection.

H5N1

Hep-B. Another BBP, transmission occurs as the result of an accidental needle stick, health-care workers are at the greatest risk of infection. CDC recommends that health-care workers at a high risk on infection be vaccinated to prevent them from contracting the disease.

HBV

Human Capital Management Plan, Strategic HR Plan, aligns with corporate strategy.

HCMP

Human Immunodeficiency Virus and acquired immune deficiency syndrome (Acronyms). They are Blood Borne Pathogens (BBP). Protected by ADA.

HIV/Aids

Process to measure the effectiveness and efficiency of HR programs and positions, including: Organization of HR Function, Workforce Planning and Development, HR Development, Total Rewards, Employee Relations, Labor Relations, HR Risk Management.

HR Audit

Policies and Practices, hiring, compensation, benefits, training and development, employee relations, records management, legal and regulatory compliance and safety.

HR Audit to include

HR Audit: An HR audit looks at learning and development practices and programs, the existence of regular training programs, and performance management practices. The performance evaluation process is evaluated for adequacy, equity, and content.

HR Audit: HR Development

HR Audit: Legal compliance for all applicable federal, state and local governments is reviewed. Safety, Health, and Wellness programs are analyzed.

HR Audit: HR Risk Management

HR Audit: The compensation philosophy is reviewed for consistency with the practices and level of communication to the orgnization. Adequacy of compensation procedures is examined, and the frequency of salary survey comparisons is analyzed. Salary administration practices, including pay ranges, compression, salary budgets, and incentive pay practices are reviewed. the benefits program philosophy and policies are reviewed for comparability to competitor programs. Health-care programs are analyzed for cost containment and plan content. Programs for controlling absentee, unemployment, and other costs are analyzed. Time off policies and accrual practices are also examined as part of the audit.

HR Audit: Total Rewards

Conducted by NIOSH, these always occur at the request of an ER, EE, or government agency.

Health Hazard Evaluations

Common practice for organizations is to purchase insurance coverage. The organization pays premiums for all participants and the insurance company manages payments to providers and manages claim issues. Insurer assumes risk for any unusual claims that may result in claim costs exceeding premiums received.

Health Insurance Cost Management

People rely more on non-verbal. Society or group where people have close connections over a long period of time and where many aspects of behavior are not made explicit, because most members know what to do and think from years of interaction.

High context culture

Originating from the host country.

Host-country nationals (HCNs)

Reduced the number and types of documents allowable to prove identity and employment eligibility.

Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA)

Any system, which collects and disseminates information. CRM system, good example.

Knowledge Management System

Involves a review of performance by individual employees and can be indicated by poor performance reviews or requests for assistance by the employee.

Individual-level training

Instructional Methods: Learning experience focuses on the learner.

Instructional Methods: Active

Instructional Methods: Active: Reproduces a realistic situation that provides learners with the opportunity to analyze the circumstances as though it was encountered in the course of business. The situation is discussed and the results reviewed with fellow learners.

Instructional Methods: Active: Case Study

Instructional Methods: Active: Moderated learning situation led by a facilitator who leads a group to share ideas and solve problems. Facilitators have skills in moderating group discussions and may be experts in the subject of discussion.

Instructional Methods: Active: Facilitiation

Should identify what the EE'r considers confidential and how its use is limited. May contain a non-solicitation clause. Should contain clauses requiring EE's to disclose any discoveries or patents they have prior to joining. Require they don't share information learned, or disclose who owns inventions or discoveries made during the course of employment.

Intellectual Property Agreement (IPA) or "Nondisclosure Agreement" (NDA)

Using multiple raters to counteract biases.

Inter-rater Reliability

Survey of employees to discover their interests.

Interest Assessment

procedures designed to make sure no one single person has complete responsibility for a financial process.

Internal Controls

Consists of ongoing meetings between supervisors and employees to discuss the employee's career goals

Internal coaching

Occurs when people feel that performance or job differences result in corresponding differences in pay rates.

Internal equity

Interviewer Biases: Type of interviewer bias in which interviewer makes snap judgments and lets first impression (either positive or negative) cloud the interview

Interviewer Biases: First-impression error

Part of affirmative action plan that lists all job titles that comprise each job group having similar content and responsibilities, wage rates, and opportunities for advancement

Job group analysis

Severance, Outplacement, Unemployment Insurnace

Layoff Decisions

Learning Curves: Rapid increase in learning that levels off after a period of time, common with irregular task performance.

Learning Curves: Plateau

Learning Curves: Slow start in learning that increases as the learner masters different aspects of the process or task.

Learning Curves: Positively Accelerating / Increasing returns

Learning Curves: Combination of Positive and Negative, representative of slow start-up a period of rapid learning with a leveling off at the end.

Learning Curves: S-Shaped

System that holds course content information and has the capability of tracking and managing employee course registrations, career development, and other employee development activities.

Learning Management System (LMS)

Innovative environments in which knowledge is originated, obtained and freely shared. Employees solve problems by experimenting with new methods and sharing experience.

Learning Organizations

Ways individuals learn and process ideas. Examples include: Visual, Auditory, and Kinesthetic/tactile (hands-on experience)

Learning Styles

Social Security, Medicare, Unemployment Insurance, Family and Medical Leave, Workers Compensation, and COBRA Benefit Continuation.

Legally Mandated Benefits

Chiquitta Sue Leggett has phobia of spiders. Co-workers teased her causing great anxiety. Bank referred her to EAP psychologist. Later Bank put her on medical leave, then visited her psychologist and got information about her condition. She was discharged and she sued. Court agreed it was invasion of privacy

Leggett v First National Bank of Oregon

Management shuts down operations to keep the union from working.

Lockout

Refers to the particular number of days an employee is absent from work due to an injury or illness or the number of days which the employee is on restricted duty.

Lost workdays

Managing Risk: SOX section: Whistleblower protection

Managing Risk: Sarbanes Oxley (SOX): Section 806

Correlate pay with time spent in a professional field such as teaching or research

Maturity curves

Method of nonbinding dispute resolution involving a third party who tries to help disputing parties reach a mutually agreeable decision. Usual steps: Structure, Introductions, Fact-finding, options, negotiating, writing the agreement. Also called Conciliation.

Mediation

ROI on prevention costs. Claims, Injury records

Metrics

Factor that initiates, directs, and sustains human behavior over time

Motivation

Motivation theory saying that one's life experiences motivate people to achieve in one of three areas: 1. Achievement 2. Affiliation 3. Power

Motivation Concepts: Acquired Needs Theory (David McClelland, 1961)

Motivation Theory, subpart: When all the needs have been met, motivation comes from opportunities to be creative and fulfill their potential. Internal.

Motivation Concepts: Hierearchy of Needs: Self-actualization

Motivation Theory, subpart: Need for acceptance and belonging within the group.

Motivation Concepts: Hierearchy of Needs: Social

Motivation Theory: AKA the "Two Factor" Theory. This theory says that two factors affect people's behaviors: What they do/how they're used, and how they are treated. Resulted in the concept is job enrichment, where significance of tasks is increased to provide challenging work and growth opportunities.

Motivation Concepts: Motivation/Hygiene Theory (Fredrick Herzberg, 1959)

Motivation Theory, subpart: the dissatisfaction factors motivate to the extent that they allow people to avoid unpleasant experiences. The benefits of these factors are short-term.

Motivation Concepts: Motivation/Hygiene Theory: Hygiene

Resistance is examined and managed, the organization is aligned with the change. Communication remains an integral part of the process.

Moving

Form of tuberculosis that is resistant to current drug therapy

Multidrug-resistant TB (MDR-TB)

Organizations that conduct business and have offices in a number of different countries

Multinational enterprises (MNEs)

Mandated to identify and evaluate potential workplace hazards and recommend actions to reduce or eliminate the effects of chemicals, biological agents, work stress, excessive noise, radiation, ergonomics, and other risks in the workplace.

NIOSH Violations

NLRB Election step/term: Required to post notices of the election in prominent locations. In the 24 hours immediately preceding the campaign, the NLRB prohibits the employer from holding meetings for the purpose of influencing the vote.

NLRB Election step/term: Employer Actions

NLRB Election step/term: List the employer has to provide the union with the names and addresses of certain employees within seven days after the direction of or consent to an election

NLRB Election step/term: Excelsior List

NLRB Election step/term: NLRB representatives count the vote, if the union receives 50% of the vote the union is certified as the bargaining representative. In the event of a tie, the union is not certified.

NLRB Election step/term: Selection

NLRB Election step/term: To vote, an EE must have worked during the pay period prior to the election and must be employed on the day of the election. EEs who are on leave may vote subject to rules established by the NLRA. Economic strikers who have been replaced may vote in an election occurring within 12 months of the strike. During the vote, the ER or Union may challenge any vote.

NLRB Election step/term: Voting Eligibility

NLRB extended Weingarten rights to nonunion employees by allowing them to request a co-worker to be present during an investigatory interview that could result in disciplinary action

NLRB: Epilepsy Foundation of Northeast Ohio (2000)

Gross profit less operating expenses.

Net Profit

In health plans, requires a secondary carrier to reimburse only up to the level of reimbursement they would have paid

Nonduplication of benefits

One that exists because of participants service, unconditional and legally enforceable.

Nonforfeitable Claim

AKA "Top Hat Plans". Not protected by ERISA and are generally available only to a limited number of EEs at the executive level. They supplement qualified retirement benefits and allow HCEs to defer income in excess of limits placed on qualified plans.

Nonqualified Deferred Compensation

OSHA term: If OSHA Area Director determines that citations are neccesary to ensure compliance, citations issued will dictate *these*, considering size of the co., seriousness of danger, EE's impacted, good-faith efforts on the part of co.

OSHA - Penalities - Remedies

OSHA term: Violation of an OSHA standard that does not have a direct impact on employees' safety and health on the job

OSHA term: De minimis violation

Violation of an OSHA standard that would probably not cause serious physical harm or death

OSHA term: Other-than-serious violation

OSHA term: Violation of an OSHA standard that is considered intentional

OSHA term: Willful violation

Programs under which businesses, labor groups, and other organizations can work cooperatively with the Agency to help prevent fatalities, injuries, and illnesses in the workplace.

OSHA: Cooperative Programs

A specification of what is to be accomplished, the timeframe in which it is to be accomplished and by whom.

Objective

The process of observing employees while performing their respective jobs or tasks, used to collect data regarding specific jobs or tasks.

Observation interview

3 duties per this law: 1. provide EEs with a workplace free from recognized hazards 2. ERs comply with all safety and health standards 3. EEs comply with safety and health standards.

Occupational Safety and Health Act / Association (OSHA) -- what 3 duties does it prescribe?

Group that rules on contested OSHA citations

Occupational Safety and Health Review Commission (OSHRC)

Medical condition or disorder, other than one resulting from an occupational injury, caused by exposure to environmental factors associated with employment

Occupational illness

The structure within which employees work.

Organizing

Streamlined process for obtaining labor certification for foreign nationals seeking permanent residence through their employment

PERM (Program Electronic Review Management)

Emergence of a disease new to the population; the agent infects humans, causing serious illness, and spreads easily and sustainably

Pandemic

Graphical representation of the 80/20 rule. Pareto chart points to which areas of concern will provide the greatest return of the reasons. Pareto chart is arranged in descending order and includes a cumulative percentage on the side.

Pareto Chart (Vilfred Pareto)

Fiduciary, a person or entity providing services to the plan, an EE'r, a person who owns 50% or more of the business, relatives to any of the above or corporations that are involved in the plan.

Party in Interest

Established the US Patent and Trademark Office

Patent Act (1952)

Established that employees who violate company rules while on FMLA leave may be terminated

Pharakhone v Nissan North America (2003)

The work environment.

Physical Health Hazards

Objectives or targets in an affirmative action plan that are set when the percentage of minorities or women in a job group is less than reasonably expected given their availability

Placement goals

Person designated by the plan sponsor to manage the plan.

Plan Administrator

Refers to the use of resume boards to determine which current employees are looking for a job online

Pre-sacking

In case 1 of *this* happening, Congress is in session, and the bill becomes law within 10 days without signature. In case 2, If congress adjourns within 10 days, the bill will not become law, also called a Pocket Veto.

President fails to sign

If *this* happens, Congress may still pass a bill with 2/3rds vote in both houses.

Presidential veto of a bill

Create a policy and inform employees, describe multiple methods to report events. Investigations should be prompt and impartial, provide for immediate corrective action.

Prevention of Sexual Harassment

1. EE engaged in protected activity 2. Employer knew or suspected the EE was engaged in activity. 3. Employee suffered unfavorable TEA 4. situation eludes to violation.

Prima Facia violation

are new protections developed by OSHA to protect employee privacy by substituting a case number for the EE name on the OSHA 300 log.

Primary Concern Cases

Requires written authorization for any type of background check. Does not currently apply to private EE'rs.

Privacy Act of 1974

Should have a general statement that there should be no expectation of privacy, should state explicitly; has the right to monitor calls, email, IM, internet and computer usage, cell phone cameras, video surveillance (no bathrooms, changing rooms), searching property (never search EE body, call police)

Privacy Policy

Asking the IRS how a particular change would be handled for tax purposes may result in *this*, a formal document issued by the IRS announcing tax decisions or changes.

Private Letter Ruling

*This* term comes from the Latin phrase meaning, "as a matter of form". The term is very broad and its meaning depends on the context in which it is being used. Basically it is a term used to describe the presentation of data, usually financial statements, where the data reflects information as if the state of the world were different from that which is in fact the case.

Pro forma

Further explanation and details on how the policy is to be applied.

Procedure

Provides a graphical representation of elements with an upper and lower range, illustrating variations from normal in a situation over time. Tool used to determine whether a manufacturing or business process is in a state of statistical control.

Process Control Chart

Individuals responsible for a specific process in the organization; Highest level HR employee would be a process leader for HR.

Process owner

Process used to create the product or service

Production

The way goods or services will be produced.

Production Layout

Money earned by the business after all expenses have been paid.

Profit

Program Delivery: Learning that is directed entirely by the learner

Program Delivery: Self-study

Describes the process of initiating, planning, executing, controling, and closing an assignment.

Project Management

Book by Kim Heldman, describes five stages of project life cycle. 1. Initiation 2. Planning 3. Executing 4. Controlling 5. Closing

Project Management JumpStart

Employer entices an employee to take action by promising a reward. If a job offer has been made, and the employee acts on it, employer may be required to follow through. Example; job offer, candidate quits job, offer rescinded, may be required to hire.

Promissory estoppel

EE moved into a new position with greater responsibilities, typically accompanied with a pay increase.

Promotions

Race, Color, Religion, National Origin, Sex

Protected Classes

Copyrights protecy original works for the life of the author plus 70 years. Works for hire shorter of 95 years from publication or 120 years from creation.

Public Domain

Is it to be used for profit or nonprofit educational purpose.

Purpose and Character of the Use

Sexual favors for employment action.

Quid Pro Quo

Reimbursement standard used by insurance companies to determine how much providers should be paid for their services

Reasonable and customary

An appraisal method where the subordinate and the manager are evaluated by each other based on agreedupon performance criteria.

Reciprocal review

In the final stage of the theory, the change becomes the new norm, the outcome is evaluated, and additional changes occur to adjust actual outcomes to those that are desired.

Refreezing

Document containing the clearly defined expectations for quality and service levels that asks contractors to propose solutions and prices that fit those requirements

Request for Proposal (RFP)

w/in 90 days of retaliatory action. OSHA doesn't issue a final order within 180 days, individual may file suit.

Retaliation claim requirements

Risk Management concept: When a company decides to manage risk on an ad hoc basis, as neccesary.

Risk Management: Fire Drill or Crisis Management

These are the four steps of what process? 1. Identify Business Assets Subject to Threats 2. Assess/Analyze the types of threats 3. Manage threats through prevention or mitigation 4. Review/Monitor

Risk Management: Four steps

Risk Management concept: Means the company is aware of the risk, but chooses to ignore it due to low probability of occurance and/or low exposure if it does.

Risk Management: Risk Acceptance

protection for whistleblowers

SOX Section 806

Industry specific surveys.

Salary Surveys: Industry

Meetings before a bid to define expectations and requirements of a RFP.

Scoping

Refers to surgical alteration, which is a part of "transition."

Sex reassignment

What "range" (short/mid/long) is this: 6mo-1yr

Short Range Plans

Employee on FMLA leave may be legally terminated for legitimate, nondiscriminatory reasons, including violations of company policy if the reason is unrelated to the exercise of FMLA rights

Sista v CDC Ixis North America (2006)

Developed by engineers at Motorola in the 1980's. Quality standard is 3.4 defects per million opportunities. Focus quality team structure; Quality leader/manager, Master black belt, Process owner, Black belt, Green belt.

Six Sigma (DMAIC)

Work groups that assist line units by performing specialized services, such as HR and Finance.

Staff Functions

HR function that identifies organizational human capital needs and attempts to provide an adequate supply of qualified individuals for jobs in an organization

Staffing

Environmental Scanning, Strategy Formulation, Strategy Implementation, and strategy evaluation.

Strategy Broad Categories

Show the individual components of a problem in addition to the total or summary.

Stratification

The ability of a team to share and build upon their ideas without holding anything back.

Team Learning

How much of the work will be used?

The amount of the work.

What effect with the use have on the potential market value of the work.

The effect.

Is it work or fiction, or based on facts. How much creativity did it require.

The nature of the work.

Systems management philosophy that states that every organization is hindered by constraints that come from its internal policies

Theory of constraints (TOC)

EEs from another country other than host or home.

Third-country nationals (TCNs)

In this type of contract, some part of the contract is provided by an entity other than those who have signed the contract, e.g., a contract with a temp agency.

Third-party Contract

Prepare for change, Communicate, Develop a Plan, Have an Executive Sponsor, Motivate Direct Supervisors, Recruit Unofficial Leaders, Implement, Evaluate. PCDHMRIE - Pie Charts Don't Have Much Real Impact Everywhere

Tools for Successful Change

Nonqualified deferred compensation plan that provides retirement benefits to select group of management or highly compensated employees

Top hat plan

Effective and continuing on-the-job application of the knowledge and skills gained during a learning experience.

Transfer of learning/Transfer of training

Airborne contagious disease caused by a bacterial infection

Tuberculosis (TB)

Annualized formula that tracks number of separations and total number of workforce employees for each month

Turnover

Base Salary, Bonuses or Short-term incentives, long-term incentives, employee benefits, executive perks.

Typical Executive Compensation Package

Each state determines eligibility for *this* with few exceptions. It is usually paid for 26 weeks, during which the recipient must be actively pursuing employment. When unemployment is high, congress will submit a bill to extend coverage, usually for 13 weeks.

Unemployment Eligibility for Benefits

Action by an employer or union that restrains or coerces employees from exercising their rights to organize and bargain collectively or to refrain from doing so.

Unfair Labor Practices (ULP)

Diversity Iniatives, Flexible Work Arrangements, Repatriation

Unique Employee Needs

Incidents that result from unsafe behavior on the part of the employee, such as operating equipment at high speeds

Unsafe acts

Mechanical or physical hazards that may lead to injury, such as defective equipment or improper lighting

Unsafe conditions

Protect the invention of new and useful processes, machines, manufacture or composition matter, new and useful improvements. 20 years.

Utility Patents

Short-term alliance between independent organizations in a potentially long-term relationship to design, produce, and distribute a product

Virtual organization

Tax credit to encourage employers to hire people from targeted groups facing high rates of unemployment, such as veterans, youths, and others.

Work Opportunity Tax Credit (WOTC)

Provided benefits for coal miners suffering from pneumoconiosis due to mine work

Black Lung Benefits Act (1969)

1989 Court ruling that the numerical quota system of Richmond, VA, was unconstitutional because the city had not laid the proper groundwork and had not adequately identified or documented discrimination.

City of Richmond v. J.A. Croson Company (1989)

Act that extended collective bargaining rights to federal employees"

Civil Service Reform Act (1978)

Eric Baker signed agreement requiring arbitration. Later filed complaint (ADA violation) with EEOC because fired after having a seizure. EEOC sued and employer said must use arbitration. Supreme Court said arbitration agreement did not bar EEOC from pursuing victim-specific relief in an ADA enforcement action.

EEOC v Waffle House (2002)

NLRB held that action committees at Electromation were illegal "labor organizations" because management created and controlled the formation and administration of the groups and used them to deal with employees on working conditions in violation of the NLRA.

Electromation, Inc. v. NLRB (1993)

Required employers to notify candidates that credit reports may be obtained; required written authorization by the candidate and that the employer provide a copy of the report to the candidate before taking an adverse action

Fair Credit Reporting Act (1970)

Required employers and employees to pay Social Security taxes. AKA - Social Security Act

Federal Insurance Contributions Act (1935)

Carole Kolstad sued for gender discrimination, saying the promotion process was a sham; Tom Spangler was chosen before the selection process began. Supreme Court held that the availability of punitive damages depends on the motive of the discriminator rather than the nature of the conduct, and deemed there was no egregious conduct in this case.

Kolstad v. American Dental Association

Controlled internal union operations; provided bill of rights for union members; required majority vote of members to increase dues; allowed members to sue the union; set term limits for union members

Labor-Management Reporting and Disclosure Act (1959)

Prohibited closed shops; restricted union shops; allowed states to pass 'right to work' laws; prohibited jurisdictional strikes and secondary boycotts; allowed employers to permanently replace strikers; established the Federal Mediation and Conciliation Service; allowed 80-day cooling off period for national emergency strikes

Labor-Mangement Relations Act (1947)

Current employees who are negatively affected by consent decrees that were established in an earlier time (thus the current employees weren't part of the process, their voices weren't heard) and that sought to resolve discrimination that was present in an earlier time may challenge the validity of such decrees.

Martin v. Wilks (1989)

Required insurers to provide the same limits for mental health benefits that are provided for other types of health benefits

Mental Health Parity Act (1996)

Established mandatory mine safety and health standards and created MSHA

Mine Safety and Health Act (1977)

Kaiser Aluminum had policy of allowing whites and blacks into training program on one for one basis. Brian Weber didn't get in and claimed violation of Title VII. However, Court upheld that Title VII allows for voluntary, private, race-conscious programs aimed at eliminating racial imbalance in traditionally segregated job categories. In this case, the AAP was in the CBA.

United Steelworkers v. Weber (1979)

Creates reports to summarize the results of business activity.

Accounting

Money an organization owes its vendors and suppliers

Accounts Payable

Money an organization's customers owe the organization.

Accounts Receivable

Expenses, such as vacation leave, that have been incurred, but not yet paid.

Accrued Expense

Acquisition- stock grab to gain controlling interest in another firm. Hostile, resistance, Friendly, agreed to terms.

Acquisitions

Detailed steps a unit, department, or team will take in order to achieve short-term objectives.

Action Plans

A learner-driven, continuous learning process where learning revolves around the need to find solutions to real problems.

Action learning

1. Provide disclosure of its intent within 3 days of requesting the report from a CRA 2. Include a summary FCRA rights with written notice 3. Advise the candidate they have a right to request information about the type and extent of the investigation. 3. Provide complete disclosure of the type and extent of the report within 5 days of request or receipt.

Additional steps for Investigative Reports

Government Regulations, employee and benefit records, confidentiality.

Administrative HR

Agency rules and regulations, agency orders and executive orders. Legislation is passed that requires agencies to develop enforcement regulations. (ie. OSHA)

Administrative Law

1. Publish rules in the federal register. 2. give the public opportunity to comment. 3. agency publishes rules to take effect in 30 days after the date of public notice.

Administrative Law Process

Agencies have the power to order compliance to laws in admin court.

Admnistrative Law Courts

Learning process: The method of learning is more important to adults than what is being learned. Enhanced learning resulted within small groups where experiences could be shared.

Adult Learning Process, Eduard Lindeman in 1920s

Learning process: Differentiated adult vs child learning as Andragogy v Pedagogy.

Adult Learning Process, Malcolm Knowles in 1970s

Learning process, sub-part: An individual builds a wealth of knowledge which can be drawn upon.

Adult Learning Process: Andragogy: Experience

Learning process, sub-part: Based more on personal needs and desires than on expectations of others.

Adult Learning Process: Andragogy: Motivation to learn

Learning process, sub-part: The ability to apply information immediately is increasing important to learners.

Adult Learning Process: Andragogy: Orientation to learning

Learning process, sub-part: Individuals become increasingly interested in the relevance of information and how it applies to them.

Adult Learning Process: Andragogy: Readiness to learn

Learning process, sub-part: Adult moves from dependency to autonomy and self direction.

Adult Learning Process: Andragogy: Self-concept

Practice in which employers identify conspicuous imbalances in their workforce and take positive steps to correct underrepresentation of protected classes.

Affirmative action (AA)

Plans that focus on the hiring, training, promoting, compensating, and terminating of protected classes.

Affirmative action plans (AAPs)

Umbrella term used to describe a number of problem-solving and grievance resolution approaches. A voluntary procedure used to resolve disputes or conflicts between individuals, groups or labormanagement. This procedure utilizes the services of a neutral third party to facilitate discussion and assist the parties in reaching an agreement which is binding.

Alternative Dispute Resolution (ADR)

Use of alternative recruiting sources and workers who are not regular employees; also known as flexible staffing. Examples include Telecommuting, job-sharing, part-time EE's, Internship programs, on-call workers, payrolling, seasonal workers.

Alternative Staffing Methods

1972, created the EEOC, extended coverage to educational institutions, state and local governments, federal government. Reduced the number of people required at an Ee'r for eligibility 25 to 15, required EE'rs to keep records.

Amendments to Title VII: Equal Employment Opportunity Act

Based on the Rehabilitation Act of 1973. Extended protected class to disabled. Applies to ERs with 15 or more EEs who have worked 20 or more weeks in the current or previous year. Federal government and 501c private clubs are excluded. Requires ERs to make reasonable accomodations, facilities and position requirements. Allows for undue hardships to not be required, defined as excessive burden, cost, financial resources, size, and other factors.

American with Diabilities Act (1990)

Federal anti-discrimination law which prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training and other terms, conditions and privileges of employment. This law (covering employers with 15 or more employees) is designed to remove barriers that prevent qualified individuals with disabilities from enjoying the same employment opportunities that are available to persons without disabilities. Requires reasonable accomodation for qualified individuals with disabilities.

Americans with Disabilities Act (1990)

Process traditionally used by instructional designers and training developers. Analysis, Design, Development, Implementation, Evaluation.

ADDIE Model

ADDIE: Identify the goal, Gather and Crunch the Data, Identify the Performance Gap, Identify Instructional Goals, Propose Solutions, Evaluate Options

ADDIE: Analysis

ADDIE: Compile a task inventory, Identify the target audience, Develop training objectives, Develop the course content, Develop evaluation criteria,

ADDIE: Design

ADDIE: Program design is translated into the presentation format; training materials, instructional techniques, and program delivery. May conduct a pilot program, and revise if neccesary.

ADDIE: Development

ADDIE: Occurs after the training takes place and is based on criteria established in the assessment phase.

ADDIE: Evaluation

ADDIE: All preceding work comes together for the presentation. Selection of facility and trainers.

ADDIE: Implemenation

prohibits discrimination against persons over the age of 40. Applies to EE'rs with 20 EE's.

ADEA

BFOQs, firefighters/police, >65yrs old executives eligible for $44k in retirement funds, >70yr education, discharge for cause

ADEA: Exemptions

Must be clearly written, include the right to consult an attorney, a period of 21 days to review the document, 7 days to revoke it after signing. If part of terminations or exit incentives of more than one EE, given 45 days to review, and a list of eligibility factors and job titles and ages of all individuals.

ADEA: Waivers

ADR term: Management and Non-management employees who are trained review the disagreement.

ADR: Peer Review Panel

The process of perceiving issues and reaching conclusions through the use of symbols or generalizations rather than concrete factual information.

Abstract reasoning

Records of hiring, promotion and other related employment actions used for the purpose of monitoring selection and employment practices.

Applicant flow

A chronological listing that records each applicant who applies for employment or promotion. Data includes applicant's name, race, national origin, gender, referral source, date of application, job title applied for and disposition.

Applicant flow log

The sum total of all individuals who have applied for a position either by submitting a resume or application for employment which the employer uses to select candidates for employment.

Applicant pool

A third-party organization that delivers software applications and related services over the Internet allowing an organization to outsource some or all of its information technology needs.

Application service provider (ASP)

Forced Distribution, Forced Choice ranking employees according to the bell curve. Can be utilized as a part of any appraisal method to eliminate biases.

Appraisal Methods: Comparison: Forced Ranking

All employees are compared to each other, one at a time.

Appraisal Methods: Comparison: Paired Comparison

Employees are listed in order from highest to lowest performer. Works for small groups, hard for larger ones.

Appraisal Methods: Comparison: Ranking

Critical incident, Essay, Field Review

Appraisal Methods: Narrative

Supervisors make notes of successful and unsuccessful performance issues. At the review, they are presented to the employee.

Appraisal Methods: Narrative: Critical Incident

Written description of each employee's performance. Maximum flexibility.

Appraisal Methods: Narrative: Essay

May be conducted by someone other than the supervisor

Appraisal Methods: Narrative: Field Review

Rating Scales and Checklists

Appraisal Methods: Rating

Appraisal Methods: Rating: A rating method where the rater assigns a specific value on a fixed scale to the behavior or performance of an individual instead of assigning ratings based on comparisons between other individuals.

Appraisal Methods: Rating: Absolute ratings

List of statements, phrases or words that describe levels of performance. Descriptions may be weighted and used to calculate a rating score.

Appraisal Methods: Rating: Checklists

Numeric scale usually 3-10. Attempt to quantify a subjective assessment, not as objective as they may appear.

Appraisal Methods: Rating: Rating Scales

Appraisal error: Error that occurs when an employee's rating is based on how his or her performance compares to that of another employee rather than objective standards.

Appraisal error: Contrast error

Appraisal error: Occurs when no established organizational standards for rating an individual exist, and raters use different strategies for assigning ratings.

Appraisal error: Error of inconsistency

Appraisal error: An error in rating, which occurs when raters are inclined to allow their own personal characteristics or values to affect the ratings they assign.

Appraisal error: Error of projection

Appraisal error: Error that occurs when an appraiser gives more weight to recent occurrences and discounts an employee's earlier performance during the appraisal period

Appraisal error: Recency error

Appraisal error: Error that occurs when an appraiser believes standards are too low and inflates the standards in an effort to make them meaningful

Appraisal error: Strictness

Relates to technical skills training; often a partnership between employers and unions.

Apprenticeship

Procedure in which disputes are submitted to one or more impartial persons for final determination.

Arbitration

Arbitration: one who is selected to hear only a single case.

Arbitration: Ad Hoc Arbitrator

Arbitration type/term: One of many professional organization that requires arbitrators to have 10 years of senior level experience and expertise in arbitration or dispute resolution.

Arbitration: American Arbitration Association

Arbitration type/term: Parties agree to accept the arbitrators decision as final.

Arbitration: Binding

Arbitration type/term: Part of a contract requirement or may be mandated by a court system as a means to reduce the backlog.

Arbitration: Compulsory

Arbitration: A dispute resolution method used by the American Arbitration Association to resolve cases in accordance with a prescribed set of guidelines. Modifications (such as a sole arbitrator, shortened time periods for each step, and condensed hearings before the sole arbitrator) are introduced in order to ensure that the arbitration can be conducted and an award rendered in a shortened time frame and, consequently, at a reduced cost.

Arbitration: Expedited

Arbitration type/term: Either party may reject the decision and continue the dispute by filing a lawsuit.

Arbitration: Nonbinding

Arbitration: One who both parties agree is fair and impartial.

Arbitration: Permanent Arbitrator

Arbitration: Three arbitrators who hear the issues and reach a joint decision on the matter.

Arbitration: Tripartite Arbitration Panel Arbitrator

Arbitration type/term: Both parties agree to submit to arbitration to resolve a disagreement.

Arbitration: Voluntary

Three kinds of what? Ad hoc, permanent, and tripartite panel

Arbitrators

This award is given by the President of the United States to businesses—manufacturing and service, small and large—and to education and health care organizations that apply and are judged to be outstanding in seven areas: leadership; strategic planning; customer and market focus; measurement, analysis and knowledge management; human resource focus; process management; and results.

Baldridge National Quality Award

A federal law consisting of different chapters (i.e. chapter 7, chapter 11 or chapter 13) that allows individuals and businesses that are experiencing extreme financial duress and are unable to meet their financial obligations to eliminate or restructure their debts.

Bankruptcy

The process of reviewing an organization's policies and procedures to identify and eliminate impediments in recruitment, selection, transfer, or promotion of protected class individuals throughout the organization.

Barrier analysis

These are bars to what? Contract Bar, Statutory Bar, Certification-year Bar, Blocking-charge bar, Voluntary-recognition bar, Prior-petition bar

Bars to Elections

Bars to Elections: An election petition will be barred when there is a pending unfair labor practice charge.

Bars to Elections: Blocking-charge

Bars to Elections: NLRA prohibits an election in a BU that had an election during the preceding 12-month period.

Bars to Elections: Statutory

Bars to Elections: If an ER voluntarily recognized a union as the representative, an election is barred for a reasonable amount of time to allow the parties to negotiate.

Bars to Elections: Voluntary-recognition

General Partnership, Limited Partnership or Limited Liability Partnership, Joint Venture, Corporations, Limited Liability Company

Basic Business Structures

Boycotts term: When a struck employer effectively uses the employees of an ally as strike breakers and when a union extends its primary picketing to this employer, no violation of the LMRA's secondary boycott prohibitions exists.

Boycotts: Ally Doctrine

Boycotts term: Two or more employers with substantially identical factors, determined to be one employer based on 1. interrelation of operations 2. central control of labor relations 3. common management 4. common ownership. EE's of the "other" ER can be considered part of the original BU.

Boycotts: Alter Ego Doctrine

Boycotts term: Common owner of two businesses, one union, one non-union. Based on factors similar to alter-ego doctrine, and more recently the NLRB has determined that unionization of both businesses may be legitimate, and if the owner refuses to bargain, the union may strike.

Boycotts: Double Breasting

Boycotts term: Occurs when a union tries to compel an employer who is not related to the dispute to stop doing business with another employer. Defined as ULPs by Taft-Hartley.

Boycotts: Secondary Boycott

Boycotts term: When two businesses perform operations that complement each other, if one business is struck the other may as well be, because they are engaged in a single economic enterprise.

Boycotts: Straight-line Operations

Analysis that shows point in time at which total revenue associated with a program is equal to the total cost of the program.

Break-even analysis

Splits positions into just a few pay ranges. Each range includes a variety of jobs. Helps organizations remain flat and facilitates lateral movement. Can lead to greater collaboration by limiting focus on hierarchial differences between jobs.

Broadbanding

A projection of revenue and expenses used to control actual expenses.

Budget

HR works closely with line managers and finance professionals to build the total rewards budget. Comp and benes are projected during the process and must consider increases as well as adjustments to the salary structure. Incentive pay and planned promotions are considered.

Budgeting and Accounting for Total Rewards

Budgeting method: Form of budgeting in which an average cost is applied to comparable expenses and general funding is changed by a specific amount

Budgeting method: Formula budgeting

Budgeting method: Form of budgeting in which the prior budget is the basis for allocation of funds. Also called Incremental budgeting

Budgeting method: Historic Information

Budgeting method: Assume you are starting from scratch and determine what you need to achieve the goals. Requires the need be justified in terms of the new goals and action plans.

Budgeting method: Zero-based Budgeting

Budgeting term: Includes managers with budget reponsibilities in the budget creation process. Advantage is buy-in of managers, disadvantages include the amount of time required, lack of awareness of the organizations big-picture.

Budgeting: Bottom-up

Budgeting term: Used to project asset purchases.

Budgeting: Capital Budget

Budgeting term: Both top-down and bottom-up approaches. Best method.

Budgeting: Parallel

Budgeting term: Created by senior management and imposed on the organization. Managers have little input on how much money they will have to achieve their goals. Advantage to management because they have complete control, the disadvantage is that those creating the budget are far removed from actual operations.

Budgeting: Top-down

Used to evaluate the possible consequences of taking (or not taking) a particular action, such as implementing an HRIS system.

Building a Business Case

Planning for a future that inspires commitment on the part of all individuals in the organization.

Building a Shared Vision

Situation in which building occupants experience acute health and comfort effects that can be attributed directly to airborne building contaminants

Building-related illness (BRI)

Giving more-senior workers whose jobs have been eliminated the right to transfer into jobs of less-senior workers.

Bumping

USSC: Kimberly Ellerth sued for sexual harassment claiming constructive discharge even though she didn't suffer any tangible retaliation. Supreme Court said employers are vicariously liable for supervisors who create hostile working conditions.

Burlington Industries v Ellerth (1998)

USSC: All retaliation against employees who file discrimination claims is unlawful under Title VII, even if no economic damage results

Burlington Northern Santa Fe Railway v White (2006)

Umbrella that includes other emergency plans. Management process that identifies potential threats and impacts to an organization and provides framework for ensuring that it is able to withstand disruption, interruption, or loss of normal business functions/operation.

Business Continuity Planning (BCP)

These are risks to what? Environmental Disasters, Organized or Deliberate Disruptions, Loss of Utlities and Public Services, Equipment or Systems Failures, Serious Information Security Incidents, Misc. Other.

Business Continuity Risks

Demonstrates how an activity adds value to the bottom line.

Business Impact Measures

Employee productivity. Total Output / Total EE's.

Business Impact Measures

Developed by executive management team, CEO, president, other leaders. HR SME's in workforce management.

Business Strategy

Ways of measuring HR initiative success.

Business impact measures

A defense available when the employer has a criterion for selection that is facially neutral but which excludes members of one sex, race, national origin or religious group at a substantially higher rate than members of other groups, thus creating adverse impact. The employer must be able to prove that the challenged practices effectively carry out the business purposes they are alleged to serve and that no alternative, nondiscriminatory practices can achieve the safe and efficient operation of its business.

Business necessity

Limited the use of injuctions to break strikes; exempted unions from the Sherman Act

Clayton Act (1914)

Questions that can usually be answered with yes or no.

Closed questions

Specialist engaged to develop an employee in a particular area. Focus on skills rather than development.

Coaching Programs

Statement of behaviors that the organization expects from employees.

Code of Conduct

Principles of conduct within an organization that guide decision making and behavior.

Code of Ethics

Process by which management and union representatives negotiate the employment conditions for a particular bargaining unit for a designated period of time. NLRA imposes on ERs and Unions a duty to engage in this activity. Required topics: Wages, hours, terms and conditions of employment, the agreement itself, and any questions.

Collective Bargaining

Contract governing the employment relationship for a specified period of time.

Collective Bargaining Agreement (CBA)

Collective Bargaining term: Positional and Principled (principled subtypes: Integrative and Interest-Based)

Collective Bargaining Positions

Collective Bargaining Positions: When parties are in conflict over an issue and the outcome represents a gain for one party and a loss for the other; each party tries to negotiate for the best possible outcome. *This* is appropriate in "divide the pie" situations, when there is a fixed amount of resources and whatever one party gains, the other party loses. Usually it's employed when the parties don't know each other and don't believe they will need to develop a relationship with each other for use in the future.

Collective Bargaining Positions: Distributive bargaining

Collective Bargaining Positions: Parties look at all issues and are able to make agreeable trade-offs between those issues. *This* occurs when it's possible to produce a greater outcome together than either could reach on his own. It's used when the parties have a relationship or want to establish one, and when cooperation benefits both parties.

Collective Bargaining Positions: Integrative

Collective Bargaining Positions: Form of negotiating where parties look for common ground and attempt to satisfy mutual interests through the bargaining process. E.g., both labor and management have an equal interest in the continuing viability of the business.

Collective Bargaining Positions: Interest-based bargaining (IBB)

Collective Bargaining Positions: Type of contract negotiation in which people lock themselves into positions and find it difficult to move away, parties lose sight of the underlying problems to be resolved, and emphasis is placed on winning the position

Collective Bargaining Positions: Positional

Collective Bargaining Positions: Parties are more interested in solving a problem than winning. Forms are integrative and interest-based

Collective Bargaining Positions: Principle

Collective Bargaining Strategies: When more than one employer in the region negotiates with the union at the same time; also known as multiple employer bargaining.

Collective Bargaining Strategies: Multi-employer

Collective Bargaining Strategies: This type of bargaining occurs when several unions represent different bargaining units in the company.

Collective Bargaining Strategies: Multi-unit

Collective Bargaining Strategies: the union negotiates with one employer at a time. Uses gains with one employer in negotiating with the next.

Collective Bargaining Strategies: Parallel / Pattern / Whipsawing / Leapfrogging

Collective Bargaining Strategies: One union meets with one employer. Most common

Collective Bargaining Strategies: Single Unit

Four key categories/topics in what process? Mandatory subjects, illegal subjects, voluntary subjects, reserved rights doctrine

Collective Bargaining Subjects, four broad classes

Collective Bargaining Subjects group: Those collective bargaining items that are unlawful by statute; also known as external subjects. Include hot cargo clauses or closed shop security agreements.

Collective Bargaining Subjects: Illegal

Collective Bargaining Subjects group: Wages, Hours, Other Terms and Conditions, Negotiation of the Agreement, bargaining related to questions that arise from the agreement. Unresolved issues on them are the only things that can result in a strike or lockout.

Collective Bargaining Subjects: Mandatory

Collective Bargaining Subjects group: Generally included clause that states all non-stated rights are the sole responsibility of management.

Collective Bargaining Subjects: Reserved Rights Doctrine

Collective Bargaining Subjects group: Management rights; production, scheduling, operations, selecting supervisors

Collective Bargaining Subjects: Voluntary/Permissive

Collective Bargaining term: Management: evidenced by lack of concessions, refusal to advance proposals or to bargain, stalling, withholding information. Attempts to circumvent the union and go directly to EE's. Unilateral changes are made to working conditions. Union: failing to notify management of the intent to renegotiate the contract with 60-90 days before it expires.

Collective Bargaining: Bad faith

Critical, top-down and bottom-up, management must be willing to hear and act on information that may be contrary to its decisions.

Communicating with Employees

Executives get everyone together for an open discourse about what's happening.

Communicating with Employees: All-hands/Town Hall Meetings

Informal setting for a small group of employees to meet with a senior manager to learn more about the company or a specific goal and ask questions.

Communicating with Employees: Brown-bag Lunches

Regularly scheduled meetings, provide a vehicle for employees to voice their questions and concerns, and have input into schedules.

Communicating with Employees: Department Staff Meetings

Instantaneous means of communicating information to large groups of employees at the same time. Has its drawbacks, should be used cautiously.

Communicating with Employees: Email

Effective, easily updated source of information to employees.

Communicating with Employees: Intranet

Tom Peters, 1980, In Search of Excellence) MBWA, managers spent time observing progress and hearing their concerns and ideas.

Communicating with Employees: Management by Walking Around

Provide regular updates on company projects, profits, and goals.

Communicating with Employees: Newsletters

Employees are encouraged to talk with decision makers who can provide support, answer questions, or address concerns shows a commitment from management to the needs of employees.

Communicating with Employees: Open-door Policy

Main way employees get information, but can be distorted through the grapevine.

Communicating with Employees: Word of Mouth

Culture: Very Formal or Informal, Employee Base: Computer Savvy or used to small meetings?

Communication Considerations

The broad term used to describe the strategies used by organizations to facilitate the acceptance of change by employees. Balances mangement's need to ensure confidentiallity with employees needs to know, understand, and feel a part of what is happening in order to achieve buy-in.

Communication Strategy

Informal means of learning, spontanteous/self-organized or sponsored groups of people with common work interests or needs who are willing to share information.

Communities of Practice

Pay level divided by the midpoint of the pay range. Useful for providing recommendations for pay increases, promotions, merit increases, etc.

Compa-Ratio

These are four types of what? Financial, Physical, Information, People

Company Assets

The dimensions along which a job is perceived to add value to the organization; these factors are used to determine which jobs are worth more than others.

Compensable factors

Internal value (importance of jobs relative to each other), external value (supply and demand), Knowledge, skills and abilities individual employees demonstrate on the job.

Compensation Considerations

Compensation: Spot Bonuses Discretionary offering for performance above and beyond expectations, holidays, other occurences.

Compensation: Bonus Plan

Compensation: Commissions provide incentives to sales employees on sales in incremental amounts. Sales bonus plans provide incentives at certain milestones.

Compensation: Commissions or Sales Bonus Plans

Compensation: Amount advanced on future commissions

Compensation: Draw

Compensation: ESOP, defined contribution plan that allows EEs to own company stock. Sets up a tax-deductible trust that accepts contributions made by the company. Eligibility set by a formula. At termination, retirement, or death, EEs are able to receive the vested portion of their ESOP. Taxable at the time funds are distributed.

Compensation: Employee Stock Ownership Plans

Compensation: One-time payment made to an employee; also called performance bonus

Compensation: Lump-sum increase (LSI)

Compensation: Situation where an individual's performance is the basis for either the amount or timing of pay increases; also called performance-based pay

Compensation: Merit pay

Compensation: Provides additional pay for work that is considered beyond the minimum requirements. Also called supplemental pay/wages.

Compensation: Pay Differentials

Compensation: Pay Differentials: Pay that employees receive when they are called back for an extra shift in the same workday.

Compensation: Pay Differentials: Call-Back

Compensation: Pay Differentials: Extra pay that employees receive when they are called into work during an emergency (e.g., a power outage).

Compensation: Pay Differentials: Emergency-shift pay

Compensation: Pay Differentials: Adjusted pay structures for cost of living for equity across an organization.

Compensation: Pay Differentials: Geographic Pay

Compensation: Pay Differentials: Pay earned by employees who work in an environment that is considered more risky from a safety or health point of view. FLSA does not require this pay type, but if paid, ERs must factor it into overtime calculations.

Compensation: Pay Differentials: Hazard Pay

Compensation: Pay Differentials: FLSA says you must pay if requiring additional activity from EE, but not just if they are on-call. Many EE'rs do on their own, attract EE's.

Compensation: Pay Differentials: On-call

Compensation: Pay Differentials: Required to pay 1.5x for work over 40. Not required for exempt employees. Some states have higher OT rates.

Compensation: Pay Differentials: Overtime

Compensation: Pay Differentials: Reporting Premium EE called to work and there is no work, some state laws or contracts require a minimum payment.

Compensation: Pay Differentials: Reporting Pay

Compensation: Pay Differentials: Not required, but commonly used supplemental pay paid to employees who work less-desirable hours, such as second or third shifts

Compensation: Pay Differentials: Shift Pay

Compensation: One-time or other awards. Retention bonuses to keep key executives in acquisitions are one example. Can contain contingencies for full incentive, duration with company, etc.

Compensation: Special Incentives

Compensation: Salary Administration, "Compensation Administration", "Pay Administration", Analyze Jobs, Evaluate Jobs, Price Jobs, Create Salary Structure, Place Jobs in Grades, Communicate Plan to Organization, Administer Plan, Evaluate Results

Compensation: Traditional Pay Structures

Compensation: Types: Amount of compensation paid for the performance of job duties. When determining base pay HR professionals consider KSA's, previous earnings, internal equity. Typically evaluated annually.

Compensation: Types: Base Pay

Compensation: Types: A salary differentiation system that bases compensation on an individual's education, experience, knowledge, skills or specialized training.

Compensation: Types: Knowledge-based pay/skill-based pay

Compensation: Types: How well an individual performs against set measurements, includes merit increases and promotions.

Compensation: Types: Peformance-Based

Compensation: Types: Decisions based on how long someone has been in a position. Breeds an entitlement culture. Unions typical example.

Compensation: Types: Seniority-Based

Compensation: Types: "Incentive Pay", "Pay for Performance", 2/3rds of companies have some form of *this* pay. Pay individuals for individual and organizational results. When aligned can help shape or change employee behavior or organizational culture to obtain business objectives when a clear line of sight between rewards and outcomes are present.

Compensation: Variable

Compensation: Variable: A group incentive plan used to enhance productivity by sharing with a group a percentage of the gains the organization realizes from specific group efforts.

Compensation: Variable: Gainsharing

Compensation: Variable: Similar to individual incentives; Gainsharing, Improsharing, Scanlon Plan, Profit Sharing, and Employee Stock Ownership Plans (ESOPs).

Compensation: Variable: Group Incentives

Compensation: Variable: Michael Fein, 1970, Establishes a baseline for productivity, differences between baseline and new output is used to calculate the group organization's performance.

Compensation: Variable: Improshare

Compensation: Variable: Stated objectives and timeframes, additional compensation for meeting them. Three Phases: 1. Plan Design (10% required to influence and change behavior) 2. Review Process 3. Communication and Implementation

Compensation: Variable: Individual Incentives

Compensation: Variable: Company profits are shared. Qualified plans found across many industries available to employees at all levels. Distribute pretax dollars to eligible employees, baed on an employees salary. Set formula determines contributions and distributions. Typical to have a vesting schedule. Most are a defined contribution plan they are covered by the Employee Retirement Income Security Act (ERISA).

Compensation: Variable: Profit Sharing

Compensation: Variable: Joseph Scanlon, 1930, employees share in increases in productivity and decreases in costs. Requires disclosure of financial information and productivity metrics of EE's. Scanlon plans are administered by committees that are representative of the employee population.

Compensation: Variable: Scanlon plans

Compensation: Variable: Identified time period and ending point that should be identified in incentive pay plans.

Compensation: Variable: Sunset clause

Key competencies indentified by those who know the job requirements best, a career ladder than identifies stages of specific levels of competency. Profile describes the level of functional competence and a corresponding pay for each level.

Competency Profile

Set of job competencies that together make up a profile for success for a particular job.

Competency model

Program focused on KSAs, tying pay to increased ability. Responsibility is on the employee. Logic is that as employees learn more, the organization needs fewer employees and can afford to pay them more. Competency profiles replace job descriptions, and are most often used with broadband salary ranges.

Competency-based Compensastion

Meeting the requirements and obligations of affirmative action imposed by Executive Order 11246, Section 503 of the Rehabilitation Act, Section 4212 of the Vietnam Era Veterans' Readjustment Assistance Act and their implementing regulations.

Compliance

An employee of the OFCCP engaged in the investigation of employment discrimination charges and conducting compliance reviews. The former name for this position was Equal Opportunity Specialist (EOS).

Compliance Officer

Inspectors for OSHA who are trained in safety and health hazards.

Compliance Safety and Health Officer (CSHO)

Evaluation that requires an organization to provide details on and documentation of its affirmative action plan.

Compliance evaluation

Vision problems such as headaches and blurred vision that are associated with video display terminals

Computer vision syndrome (CVS)

A binding written agreement between a contractor and OFCCP that details specific contractor commitments to resolve major or substantive violations of Executive Order 11246, the Rehabilitation Act or the Vietnam Era Veterans' Readjustment Assistance Act.

Conciliation agreement

Type of criterion-related validity determined by relating the test scores of a group of test takers who take a test (Test A) to some other criterion measure that is administered at the same time, such as actual job performance.

Concurrent Validity

Select the interview team, hold pre-interview strategy meeting, complete evaluation forms, conduct interviews, evaluate candidates.

Conducting Effective Interviews

Required all federal employment legislation passed by Congress to apply to congressional employees

Congressional Accountability Act (1995)

Provided continuation of group health coverage upon a qualifying event such as termination for reasons other than gross misconduct

Consolidated Omnibus Budget Reconciliation Act (1986)

Extent to which a selection device measures the theoretical construct or trait (e.g., intelligence or mechanical comprehension).

Construct Validity

Guy Burgess and Heidi Burgess authored this article. Aims to resolve long-standing, deep-rooted conflicts about difficult, significant issues in organizations. Based on conflict being healthy, designed to move those in conflict to a focus on solving the problem by finding the core issues, resolving ancillary ones, and working on the fundamental differences last.

Constructive Confrontation

An employer makes the workplace so hostile that an employee resigns.

Constructive Discharge

Any background or reference check conducted by a third party is considered a reference check and is subject to the requirements of the fair credit reporting act.

Consumer Report

Written document produced by a CRA.

Consumer Report

Individual, business or nonprofit that gathers information about individuals with the intent of supplying that information to a third party.

Consumer Reporting Agency (CRA)

Instrument that measures change over time for costs of a group of goods and services.

Consumer price index (CPI)

Health-care options intended to help employers better control costs while allowing employees to make more decisions about their health care

Consumer-directed health care

Degree to which an interview, test, or other selection device measures the knowledge, skills, abilities, or other qualifications that are part of the job

Content Validity

To an operations department, an after-the-fact evaluation of a company's ability to meet its own specifications and its customers' needs

Control

Eliminates the duplication of payments when an employee, spouse, or dependents have health coverage under two or more plans. When an employee is covered under another plan, primary insurance coverage pays according to plan benefits. The secondary coverage will then pay up to 100% of the allowable expenses, including deductible and copayments. The secondary plan will only pay what it would have if it had been the primary, so it still may be less than 100% of the fee.

Coordination of Benefits (COB)

Specified percentage (typically 20% to 30%) of covered medical expenses that employee pays or fixed dollar amount that a covered person pays each time he or she visits a physician

Copayment

Act that prohibits federal contractors from receiving kickbacks from employees or subcontractors for wages earned on federal projects

Copeland "Anti-Kickback" Act (1934)

Form of protection provided by the U.S. government to authors of "original works" to exclude others from printing or otherwise duplicating, distributing, or vending copies of his/her literary, artistic, and other creative expressions

Copyright

Act that defines the protection provided to authors of "original works" to exclude others from printing or otherwise duplicating, distributing, or vending copies of his or her literary, artistic, and other creative expressions, including through the various means of technology.

Copyright Act of 1976

Corporate level: Parts of their operations they do best. Individual level: Skills, knowledge, and abilities that employees must possess in order to successfully perform job functions that are essential to business operations

Core Competencies

Employees who are considered to be vital to the organization's successful business operations.

Core workers

Influences and processes that impact corporations.

Corporate Governance

Looks at individual units in organization to reduce or eliminate redundancy to reduce costs and increase production. Reducing workforce or reassigning EE's to new jobs.

Corporate Restructuring

The standards for how the organization will conduct business. Describe what is important to an organization, dictate employee behavior, and create the organization's culture.

Corporate Values Statement

Looks at the individual units in the organization to reduce or eliminate redundancy.

Corporate restructuring

Corporations sell stock to raise funds, are legal entities, may incur debt, sign contracts and be sued like individuals.

Corporations

Money spent on supplies and labor to produce goods or services.

Cost of Goods Sold (COGS)

Compares all costs of a proposed program (including soft costs) and forecasts the net impact on the bottom line. May include comparisons among many such programs/decision, resulting in a recommendation of the best one.

Cost/Benefit Analysis (CBA)

Trust created exclusively for the purpose of paying the qualified education expenses of a designated beneficiary

Coverdell Education Savings Account (ESA)

Plan that provides income to employees at some future time as compensation for work performed now. Refers to tax-deferred retirement plans, IRAs, 401(k), or traditional employer pension plans. Retirement benefit offered to all employees in the organization; provides tax advantages and is protected under the Employee Retirement Income Security Act

Deferred Compensation Plans

Act that adjusts minimum vesting schedules, increases retirement plan compensation and contribution limits, permits catch-up contributions by participants age 50 or older in certain retirement plans, and modifies distribution and rollover rules. Act scheduled changes through 2010. Extended by Pension Protection Act of 2006.

Deferred Compensation: Economic Growth and Tax Relief Reconciliation Act (EGTRRA) 2001

amended ADEA in response to a court decision prohibiting discrimination against older workers in benefit plans unless any age-based restrictions are justified by significant cost-considerations. This amendment allows seniority systems as long as they do not require involuntary terminations of employees based on their age and extends ADEA protections to all employee benefits. EEOC in charge of enforcement.

Deferred Compensation: Older Worker Benefit Protection Act (OWBPA) 1990

1. must be written in a understandable way 2. must refer specifically to rights under the ADEA 3. EE's may not waive rights or claims that occur subsequent to signing the waiver 4. may receive consideration in exchange for the waiver in addition to anything in which they are already entitled. 5. In individual cases, EE's must be given 21 days to consider the agreement before being required to sign it, when a group is involved must be given 45 days. 6. Once signed, EE's can revoke the agreement within 7 days. 7. In cases of group terminations, EE's must be advised of the eligibility requirements, time limits, list of job titles and ages of employees who have been selected or are eligible for the program.

Deferred Compensation: Older Worker Benefit Protection Act (OWBPA) Waivers

reduced compensation limits in qualified retirement programs, cap on executive pay. Changes require that health plans honor court-issued qualified medical child support orders for dependent children of EE's. Require group health coverage to extend to adopted children, when those children are placed for adoption in a covered employee's home.

Deferred Compensation: Omnibus Budget Reconciliation Act (OBRA) 1993

Require EE'rs to fully fund their pension plans to avoid cash shortfalls in the plans as employee. Beginning in 2008 companies have seven years to bring their plans into complaince, for those who don't comply 10% excise tax. Act also specifies notices that must be provided. Allowed EE'rs to automatically enroll EE's in 401(k) plans, EE's must now opt out. Plan advisors may provide investment advice to plan participants. Because of Enron, PPA included a requirement of al least 3 alternative investment options to allow EE's to divest themselves of company stock. Extended EGTRRA contributions, EE's >50yrs maximum contribution is $5500, amount may be adjusted up in $500 increments.

Deferred Compensation: Pension Protection Act, 2006

Lowered age limits for participation and vesting in pension plans. Required written approval from a spouse if participant did not want to provide survivor benefits.

Deferred Compensation: Retirement Equity Act (REA) 1984

To relieve the costs of administering qualified plans for small businesses, act simplified ADP tests for 401(k) plans and redefined highly compensated EE's. Detailed minimum participation requirements and made changes to disclosure requirements for qualified plans.

Deferred Compensation: Small Business Job Protection Act, 1996

Reduced rules for rolling over lump-sum distributions of qualified retirement plans into other plans and subjected some distributions to 20% income tax withholding.

Deferred Compensation: Unemployment Compensation Amendments, 1992

Traditional pension plan in which the employer provides a specific benefit upon retirement. The funds are not acocunted for individually.

Defined Benefit

Plan in which the employer and/or employee make payments to the employee's retirement plan account. Total funds contributed is known, but amount of benefit is not known, because final amount is dependent on future returns.

Defined Contribution

Defined Contribution Plan type: Established by the Revenue Act of 1978, this allows EEs (and ERs) to make tax-favored pay deferrals toward retirement savings through a payroll deduction. EE limits up to EGTRRA, limits for ERs are the same as profit sharing plans. Cannot provide benefits to highly compensated EEs.

Defined Contribution Plans: 401(k)

Defined Contribution Plans: Plans that allow employees of certain tax-exempt organizations to contribute pretax dollars toward retirement savings

Defined Contribution Plans: 403(b) plans

Defined Contribution Plans: Plans that allow employees of states, political subdivisions or agencies of states, and certain tax-exempt organizations to defer receipt of wages.

Defined Contribution Plans: 457 plans

Defined Contribution Plan type: Plans in which employers make mandatory payments (a fixed percentage of an eligible employee's compensation) to a retirement plan. Works well for companies with stable earnings because the percentage is fixed. Limits are the same as profit-sharing plans.

Defined Contribution Plans: Money Purchase Plans

Defined Contribution Plan type: Discretionary Contributions ERs contribute deferred compensation based on a percentage of company earnings each year. A maximum contribution amount was indexed to inflation increments of $1,000 in 2003, 2009 maximum contribution was $49,000 or 25% of compensation. Calculations can only use the first $245,000 of an employee's compensation, also indexed to inflation in $5,000 increments. Work well for companies with erratic profit levels.

Defined Contribution Plans: Profit Sharing

Defined Contribution Plan type: Hybrid plan, defined benefit and money purchase plan, different amounts taken out to meet a set benefit at retirement, changes over time and might be different for two EE's of different ages based on retirement date.

Defined Contribution Plans: Target Benefit Plans

The federal agency responsible for administering and enforcing a large quantity of federal labor laws, including, but not limited to, overtime pay, child labor, wages and hours, workplace health and safety, FMLA, and various other employee rights.

Department of Labor (DOL)

Section 129, EE's set aside a maximum $5,000 to be used for dependent children or elders. Unlike FSA, may not be reimbursed for more than has been taken out of their checks. For either plan, FSA/DCA, once a contribution has been set it must be adherred to for the full year and may only be changed as a result of a qualifying event.

Dependent Care Account

A review of a contractor's documents and materials to determine compliance with affirmative action practices and equal employment obligations as they relate to workforce structure, personnel policies and procedures, good-faith efforts and areas of potential discrimination. The Standard Compliance Review Report (SCRR) provides instructions for conducting a desk audit, which takes its name from the fact that this review and analysis is done at the desk of the compliance officer assigned to conduct the audit.

Desk audit

Activities that focus on preparing employees for future responsibilities while increasing their capacity to perform their current jobs

Developmental activities

Payments made to employees that are associated with wages and salaries; base pay, variable compensation, and pay for performance.

Direct Compensation

Protects directors, officers, and corporations from claims such as shareholder class actions and SEC violations for fraud and mismanagement

Directors' and officers' (D&O) liability insurance

Physical or mental impairment that substantially limits major life activities

Disability

Occurs when the selection rate for a protected class is less than 80% of the rate for the class with the highest selection rate; also known as disparate impact.

Disparate Impact

Occurs when protected classes are intentionally treated differently from other employees or are evaluated by different standards.

Disparate Treatment

What's left after all deductions have been made.

Disposable Earnings

Term used to describe a multicultural, multiracial, and multiethnic workforce. May be used to mean a workforce that reflects the population.

Diversity

Seeks to increase the heterogeneity of the workforce, or to increase the effectiveness of an already heterogeneous workforce.

Diversity Initiative

Educates all groups about the culures, needs, and attitudes of other groups in the workforce, to ensure inclusion of all groups.

Diversity Training

Disposing of a product line, division.

Divestitures

Elimating jobs or sending EE's to a new operating entity. Reducing the workforce and due diligence to determine whether to transfer EE's to the new entity.

Divestitures

Mitigate EE'rs responsibility if the workers actions contributed in any way to the injury.

Doctrine of Contributory Negligence

1. Verbal warning (written record) 2. First written warning 3. Final written warning 4. Decision-making day 5. Suspension 6. Termination

Documenting Performance Issues: Steps

In the event of an acquisition, new management may be required to maintain the union contract. A successor is considered based on 1. substantial continuity of operations 2. Number of EEs 3. Similarity of Operations and Products 4. Agreement with the previous employer.

Duty of Successor Employers

Requires that unions act fairly on behalf of the employees they represent in negotiating and administering collective bargaining agreements

Duty of fair representation

Common law, parties involved in a contract have an obligation to act in a fair and honest manner. States interpret differently.

Duty of good faith and fair dealing

Common-law precept that imposes on fiduciaries a duty to be loyal to the employer and put the employer's interests ahead of their own.

Duty of loyalty

Subject to Title VII with 100+ employees

EEO Eligibility: Private EE'rs

Headquarters Report, Establishment Reports, Establishment List, Consolidated Report

EEO Report Types

Data from all the individual location reports is combined on the Consolidated Report.

EEO Report Types: Consolidated Report

For locations with <50 EE's list of name, address, and total number of EE's with a grid.

EEO Report Types: Establishment List

Filed for locations with 50+ EE's

EEO Report Types: Establishment Report

Employment data for the principal office of the organization.

EEO Report Types: Headquarters

One of nine broad job categories used on the EEO-1 Report. They are officials & managers, professionals, technicians, sales workers, office & clerical, craft workers, operatives, laborers and service workers.

EEO-1 category

Requires ERs to keep records of individuals who apply for positions based on their sex and race/ethnicity. "Expressed Interest" with an App or verbally, 2005 included the internet.

EGESP: Applicant Tracking

Expanded coverage of protected classes in EO 11246 to include sexual orientation

EO 13087 (1998)

Added 'status as a parent' to protected classes in EO 11246

EO 13152 (2000)

Beck Notice: Employers are required to post notice advising employees of their legal right to withhold any part of their union dues that does not relate to collective bargaining, contract administration, or grievance adjustment. Applies to federal contractors and subcontractors.

EO 13201 (2001)

ERISA: Must be filed, includes financial statements, # of EE's, names and addresses of fiduciaries. Persons compensated by the plan be disclosed, along with amount of compensation paid, nature of the services rendered, and any relationship that exists. Information must be certified, audited by a CPA, and actuarial reports must be done by an enrolled actuary. DOL given authority to simplify reports for plans with less than 100 participants. Documentation is public record and made available in the DOL public document room.

ERISA: Annnual Report

ERISA: ERISA sets specific requirements for determining how much of an accrued benefit participants are entitled to receive if they leave the company prior to retirement. Plans must acount for EE contributions seperately than EE'r ones, since EE's are entitled to all of their contributions.

ERISA: Benefit Accruals

ERISA: Businesses with 20 or more EEs must provide benefit plan continuation coverage. ERs must notify EEs of *this* coverage when they enter the plan and again 30 days after the occurrence of a qualifying event. ERs may charge *these* participants a maximum of 102% of the group premium and must include them in open enrollments periods and other changes to the health plan. ERs may discontinue coverage if payments are not received within 30 days of the time they are due. EEs must notify ER within 60 days of a divorce, seperation, or loss of child's dependent status. Risk loss of coverage if not done.

ERISA: COBRA Amendment

ERISA: Participant is an EE who meets the following requirements: 1. 1 year of service or age 21, whichever is later, unless plan provides vesting after 2 years. In that case, 2 years or 21, whichever is later. 2. EE's may not be excluded from plan based on age 3. When EEs have met the minimum service and age requirements, they must become participants no later than the first day of the plan year after they meet the requirement or 6 months, whichever is earlier.

ERISA: Employee Participation

ERISA: Fiduciary is a person, corporation or other legal entity that holds property of assets on behalf of, or in trust for, the pension fund. Requires they be operated in the best interest of the participants, and at the lowest possible expense. "Prudent person standard of care". Fiduciaries may be held personally liable for losses. Criminal penalties for willful violations include fines between $5,000-$100,000 and imprisonment for 1 year. Civil actions may also be brought.

ERISA: Fiduciary Responsibility

ERISA: Specific requirements for the payment of funds when participants reach retirement age or leave the company. Gives guidance for employers to deal with qualified domestic relations orders. Defines funding requirements for pension plans and sets standards for those who are responsible for safeguarding the funds. Penalties for violations.

ERISA: Form and Payment of Benefits

ERISA: Enrolled Actuary determines how much money is required to fund the accrued obligations of the plan, and ERISA requires these funds be maintained in trust accounts separate from operating funds. Must be deposited quarterly, final contribution no later than 8.5 months after the end of the plan year.

ERISA: Funding

ERISA: Prohibits discrimination on the basis of health status. Places limits on health insurance restrictions for preexisting conditions; treatment was given within 6 months of enrollment in the plan. Insurers may exclude those conditions from coverage for 12 months, or in the case of late enrollment, 18 months. Insurer can only discontinue coverage for failure to pay, fraudulent misrepresentation, or does not comply with material provisions of the plan. Group coverage can also be dropped if insurer no longer offers coverage in geographic area, has no participants in plan's network area, or ER fails to renew a CBA or fails to comply with provisions.

ERISA: HIPAA

ERISA: HIPAA: PHI: $100 per violation, $25,000 per person per year. 3 Convictions 1. Disclosing *this* can result in a fine up to $50,000 and 1 year in prison. 2. Obtaining *this* under false pretenses can result in fines up to $100,000 and 5 years in prison. 3. Obtaining or disclosing *this* with the intent of selling, transferring or using it to obtain commercial advantage or personal gain, punished with $250,000 fine and 10 years in prison.

ERISA: HIPAA: PHI: Penalties

The extent in which employees are involved in making decisions that affect them on a day-to-day basis. Planned and orderly attempt to link the shared interests of the employee and the company for their mutual benefit.

Employee Involvement

Formed to address ongoing issues in the organization, may be permanent or ad hoc, such as a group appointed to plan a company function.

Employee Involvement Strategies: Committees

Allowing employees to make significant decisions.

Employee Involvement Strategies: Delegating Authority

Combined employee and management committees helps bring all the information to the table. EE'rs should use care when creating committees to address any issues regarding conditions of employment, they can be viewed as "employer-dominated unions", prohibited by the NLRA.

Employee Involvement Strategies: Employee-management committees

Group of employees who are jointly responsible for accomplishing ongoing assignments. Team members set the schedules, determine who will do which jobs, and hold each other accountable for accomplishing goals.

Employee Involvement Strategies: Self-directed Work Team

Anonymous means by which employees can provide management with ideas for improvement.

Employee Involvement Strategies: Suggestion Box

Team brought together to research and recommend solutions for a significant undertaking or problem. Once solved, it disbands.

Employee Involvement Strategies: Task Force

Team members are not located in the same building, and connect through the internet to accomplish team assignments.

Employee Involvement Strategies: Virtual Work Team

Group of employees who work together each day to accomplish their assignments. Single function or multi-functional.

Employee Involvement Strategies: Work Team

Goal of ER programs is to maximize employee productivity through various means, including organizational climate and culture, programs designed to build morale and encourage retention, workplace policies and procedures, performance improvement programs, and dispute resolution programs.

Employee Relations

Amended many times, COBRA and HIPAA significant amendments. Created to set standards for private pensions and group welfare programs like medical and life insurance. Requires reporting; summary plan description, annual report, and reports to individuals about benefits.

Employee Retirement Income Security Act of 1974 (ERISA)

NLRA grants EE's the right to organize, join unions, bargain collectively, and engage in other concerted activities for mutual aid, as well as the right to refrain from doing so.

Employee Rights

A trend in human resource management that allows employees to handle many job-related tasks normally conducted by HR (such as benefits enrollment, updating personal information and accessing company information) through the use of a company's intranet, specialized kiosks or other Web-based applications.

Employee Self Service (ESS)

Tool for increasing productivity and operational efficiency. Process of providing knowledge, skills, and abilities (KSAs) specific to a task or job.

Employee Training Programs

The means of creating a work environment that empowers employees to make decisions that affect their jobs. Also referred to as employee involvement. Further defined by the Corporate Leadership Council in the in their 2004 study, "Driving Performance and Retention Through Employee Engagement" as "the extent to which employees commit to something or someone in their organization, how hard they work, and how long they stay as a result of that commitment."

Employee engagement

Employees or Contractors determination category: Establish whether the organization has the right to direct and control tasks: Organizations train EE's, while independent contractors determine their own methods.

Employees or Contractors: Behavioral Controls

Employees or Contractors: Refers to the IRS's 20-question common law test which examines the level of control exercised over a worker by an employer in order to determine whether the individual is an employee or an independent contractor.

Employees or Contractors: Common law employment test

Employees or Contractors determination category: The extent to which expenses are not reimbursed, investment made by the worker, extent to which worker services are made available to the relevant market, versus a single business, how the worker is paid, extent to which the worker can realize a profit.

Employees or Contractors: Financial Controls

Employees or Contractors determination category: Existence of a written contract, benefits (insurance, pension, vacation), permanency of relationship, extent to which services are performed on a regular basis,

Employees or Contractors: Type of Relationship

Must describe the reality and what is unique about it. Identifying unique aspects of the culture, what values are important, how are EE's treated, is risk-taking encouraged or frowned upon, EE's involved in the decision making process, is the performance management process perceived to be fair, regaular feedback, response to economic downturns. Accurate brand message is a reflection of the organization. Survey can shed light on accuracy of brand. Brands work in any economic climate.

Employer Brands

EE'rs match payments to social security and medicare. These amounts and federal income tax are remitted to the IRS at regular intervals. Failure to remit results in serious penalties. State and local taxes are remitted seperately.

Employer Matching

NLRB can require disbanding of the employer-dominated union, reinstate employees to positions, engage in collective bargaining process and sign a written agreement with the union.

Employer Remedies

Interfere, restrain, coerce unionization efforts. Dominate or assist a labor union (prohibits employer-dominated unions or favoring one union over another), Discriminate against EE's, Discriminate against NLRB activity, Refuse to bargain in good faith, Enter into a hot cargo agreement.

Employer ULP's

Also known as Standard Form 100, this annual report shows the representation of female and minority employees in an employer's total workforce as well as in standard job groupings (i.e., officials and managers, professionals, etc.). This report must be filed each year by any employer with 100 or more employees (50 or more for government contractors).

Employer information report EEO-1

The organziation for EE's or a employment agency/broker act for temps/contractors

Employer of Record

A term used to describe a public or private employer whose practices, policies, benefits and overall work conditions have enabled it to successfully attract and retain talent because employees choose to work there.

Employer of choice

Provided compensation for employees and contractors subjected to excessive radiation during production and testing of nuclear weapons

Energy Employees Occupational Illness Compensation Program Act (2000)

DOE compensation to those exposed to excessive radiation while testing nuclear weapons.

Energy Employees Occupational Illness Compensation Program Act (EEOICPA)

framework for collecting information to create a successful plan for future growth.

Environmental Scan

Statistical Models (See Quantitative Analysis), SWOT, PEST, Porter's 5 Forces

Environmental Scanning Tools

Scans the environment for the following factors: Political, Economic, Social, and Technological

Environmental Scanning Tools: PEST Analysis

Technique for Analyzing Industries and Competitors. New Competitors, Suppliers, Buyers, Alternative Products (Substitutes), and the type and level of competition within the industry (current rivals).

Environmental Scanning Tools: Porter's 5 Forces (Michael Porter, Competitive Strategy (1980)

Process for evaluating an organization's current Strengths (Internal), Weaknesses (Internal), Opportunities (External), and Threats (External)

Environmental Scanning Tools: SWOT Analysis

Branch of medicine that investigates the causes and control of diseases in a population

Epidemiology

A policy statement that equal consideration for a job is applicable to all individuals and that the employer does not discriminate based on race, color, religion, age, marital status, national origin, disability or sex.

Equal employment opportunity (EEO)

The seven subparagraphs in Section 202 of Executive Order 11246, as amended. These paragraphs are required to be part of all contracts covered by the executive order.

Equal opportunity clause

This report is sent to a substantial portion of all nonconstruction contractors each year. It requires them to provide to the OFCCP information regarding applicants, hires, promotions, terminations, compensation and tenure by race and gender. Nonconstruction contracts can expect to receive and complete this report every other year.

Equal opportunity survey

Value of the business to owners after all liabilities have been paid.

Equity

The science that addresses the way a physical environment is designed and how efficient and safe that design is. Review of OSHA logs, workers comp claims, can help determine if this is an issue in the workplace.

Ergonomics

Form of professional liability coverage that protects against employment claims

Errors and omissions (E&O) insurance

Essential functions are important in recruiting to ensure the organization complies with equal opportunities for all candidates, particularly those with disabilities.

Essential Job Functions

All key positions are filled by expatriates. Benefits: Control

Ethnocentric

Measures job performance 6 weeks-6 months after the training. Based on observations, interviews, tests, or surveys

Evaluation Method: Behavior

Uses a test to measure whether the participants learned the information presented. Pretest/Posttest.

Evaluation Method: Learning

Measures the initial reaction of the participants. Survey at the end of the training.

Evaluation Method: Reaction

Most impactful measurement, stated business objective "decrease defects 20%" measured against the results.

Evaluation Method: Results

Compensation packages specifically designed for executive-level employees that include items such as base salary, bonuses, perquisites and other personal benefits, stock options and other related compensation and benefit provisions.

Executive Compensation

Issued by the president, become law after being published in the federal register for 30 days.

Executive Order

Presidential proclamations that when published in the federal register become law after 30 days.

Executive Orders

Coaching typically conducted by a third-party vendor to support managers in mastering the fundamental principles and practices for achieving extraordinary results and empowering staff success

Executive coaching

An effective exit interview provides an opportunity for employees to communicate information to the organization. Ideally a third party conducts the interview so the EE can be candid.

Exit Interview

Cost, Foreign Business Practices, Cultural Acclimation

Expatriate issues

EE's who originate from the home country and intend to return home

Expatriates or Parent Country Nationals

Money spent to operate business.

Expense

Rating system that bases insurance rates on claims history

Experience rating

Collection of names and areas of expertise of employees. Available to all employees.

Expert Registers

Verbal or written agreement in which parties state exactly what they agree to do. Statements like, you'll have a job for life, can invalidate the at-will doctrine.

Express contract

Economics, labor market, competition in the product market, and other pressures such as tax, accounting, legislation, and regulations.

External Compensation Considerations Factors

External Compensation Considerations Factors: Any sources from which a company recruits employees. Supply and demand,

External Factors: Labor Market

External Compensation Considerations Factors: Product markets place competitive pressures on an organization and challenges its ablility to attract and retain qualified employees.

External Factors: Product market competition

External Compensation Considerations Factors: SEC and FASB as previously mentioned, plus IRS with federal tax legislation; social security and medicare taxes, pension regulation and benefit enforcement rules. Changes to benefits should be considered from a tax perspective. Can request a private letter ruling.

External Factors: Tax and Accounting

Sources for what? Media, Internet Job Boards, Company Websites, Colleges and Universities, Job Fairs, Alumni Employees, Previous Applicants, Employee Referrals, Vendors and Suppliers, Labor Unions, Professional Associations, Employment Agencies, Walk-in Candidates

External Recruitment

Labor Pool, Service Providers (recruiting agencies, benefit brokers)

External Relationships

New ideas, easier to hire specialized skills than train them into a workforce, faster too. Opportunity to increase diversity in the workforce. Disadvantages: Lower morale in passed over EE's. Hard to know if the cultural fit will work. New person is an unknown, until the person actually starts doing the job.

External Talent

Coaching typically available to professional, exempt, and/or high-potential employees that is done in a private and confidential relationship with a trained or certified consultant/coach

External coaching

When an organization's pay rates are at least equal to market rates

External equity

Rewards such as pay, benefits, bonuses, promotions, achievement awards, time off, more freedom and autonomy, special assignments, etc.

Extrinsic Rewards

FLSA: 2004 Exemption Tests: 1. Primary duty is to perform office work directly related to management or general business operations. 2. Primary duty requires discretion and independent judgment on significant matters.

FLSA: 2004 Exemption Tests: Administrative Exemption

FLSA: 2004 Exemption Tests: DOL provides a safe harbor provision (may reduce or limit the liability of a plan fiduciary) if all of the following are met: 1. clearly communicated policy prohibiting improper deductions and includes a complaint mechanism for employees. 2. Employer reimburses employees for improper deductions. 3. Employer makes a good faith commitment to comply in the future.

FLSA: 2004 Exemption Tests: Safe Harbor

FLSA: 2004 Exemption Tests: $455/week or $23,660/year. EE's who may qualify for an exemption as computer professionals may be paid $455 a week on a salary basis or $27.63/hour.

FLSA: 2004 Exemption Tests: Salary Basis

FLSA: 2004 Exemption Tests: Permissable deductions that do not affect exemption status: 1. Absence of one or more full days for personal reasons other than sickness or disability. 2. Absence for 1 or more days because of sickness or disability if the deduction is made in accordance with a bona fide plan, policy, or practice of providing compensation for salary lost due to illness. 3. To offset amounts employees receive for jury/witness/military pay. 4. Good faith penalities for safety infractions of major significance. 5. Good faith, unpaid disciplinary suspensions of one or more full days for infractions of work place conduct. 6. During the initial or terminal weeks of employment when employees work less than a full week. 7. Unpaid leave under the family and medical leave act.

FLSA: 2004 Exemption Tests: Salary Deductions

FLSA: 2 year statute of limitations for back pay, unless the ER willfully violated the FLSA. 3 years for willful and potential fines up to $10,000, a second conviction can result in conviction. Civil penalty of $1,000 per violation may be assessed against repeat violators.

FLSA: Back Wages Statute of Limitations and Penalties

FLSA: Child must be 16 to work, 18 in jobs identified as hazardous. Children 14 and 15 can work in nonfarm, nonmining, nonhazardous jobs outside of school hours if they work no more than 3 hrs/day or 18 hours/week. No more than 8 hours/day and 40 hours/week in a nonschool week. During school youths can work 7am-7pm, Summer workday extended to 9pm.

FLSA: Child Labor

FLSA term: Time an employee works that is suffered or permitted by the employer. EE staying late to work must be paid, regardless of whether it was sanctioned.

FLSA: Compensable Time

FLSA term: Time spent by nonexempt employees is compensable if they are *this*, asked to wait for an assignment (they can't leave).

FLSA: Engaged to Wait

FLSA term: Businesses employing at least two employees with $500,000 in sales to hospitals, schools and government commerce.

FLSA: Enterprise Coverage

FLSA: 1963, Prohibits discrimination on the basis of sex. Jobs with similar working conditions, skill, effort, and responsibilities must have equal pay. Enforced by EEOC. Allows for differences with bona fide seniority, merit or other fair system.

FLSA: Equal Pay Act (EPA)

FLSA term: Positions may be exempt from one or all FLSA requirements. Policeman and Fireman of small departments (<5) exempt from overtime, but not minimum wage. Paperboys, exempt from minimum wage, OT, and child labor requirements.

FLSA: Exemption Status

FLSA term: White-collar jobs (executive, administrative, professional, and outside sales) and computer professionals.

FLSA: Exemption Status: Common Exemptions

FLSA term: Covers organizations whose daily work involves interstate commerce. Interstate is defined so broadly, it covers virtually all employers in the US.

FLSA: Individual

FLSA term: Nonexempt employees are not required to be paid to attend training when four criteria are met: 1. Outside of normal work hours 2. voluntary 3. not job related 4. no other work is performed. If not all four are met, they are required to be paid.

FLSA: Lectures, Meetings, Trainings

FLSA term: Maximum hours 40/week, requires overtime be paid for any compensable time that exceeds the maximum. *This* is 1.5x the regular hourly rate. Double time is required by some states, not the FLSA. Does not prohibit comparable payment to exempt employees, does not require it.

FLSA: Maximum Hours and Overtime

FLSA term: $7.25 current. Non-exempt staff must be paid at least *this* for all compensable time.

FLSA: Minimum Wage

FLSA term: Does not require employees who are on call away from work to be compensated, however, if other restrictions are placed on the employee, time could be considered compensable. Employees required to remain at the worksite are entitled to on-call pay.

FLSA: On-call Time

FLSA term: Based on time actually worked during a week. Leave time used during a week does not count towards time worked for *this* purpose.

FLSA: Overtime Calculations

FLSA term: Public entities may compensate employees with *this* kind of time off instead of cash payment. Someone working overtime can bank 1.5 times the hours worked as additional paid time off.

FLSA: Public Employers Comp Time

FLSA: Positive Time Reporting, workers record actual hours worked along with leave time OR... Exception reporting, only reporting changes to the regular work hours. Exempt EE's not prohibited from tracking time, but are prohibited from docking time, risk losing exempt status.

FLSA: Record Keeping

FLSA: Personal Information, birth if younger than 19, hour and day when work begins, total hours worked, daily straight time earnings, regular hourly pay rate for any week including overtime, total overtime pay for the work week, deductions and additions to wages, total wages paid each pay period, pay period dates and payment date.

FLSA: Record Keeping Information Required

FLSA: 1. Wage and Hour Division can supervise repayment 2. .DOL can file a lawsuit for back wages and damages equal to back wages. 3. EEs can file private law suits to recover wages plus damages equal to back wages. 4. DOL can file an injunction preventing EE'r from unlawfully withholding minimum wage and overtime payments.

FLSA: Recovery of Back Wages

FLSA term: Not required by FLSA, if provided are subject to requirements. Breaks, short rest periods of 20 minutes or less are considered compensable. Meal periods of 30 minutes or longer are not compensable time, unless the EE must continue to work while eating.

FLSA: Rest and Meal Periods

1. Review leave practices to ensure they comply with FMLA and state requirements. 2. Inlcuded in EE handbook 3. New Hires advised of rights 4. Documentation procedure should be developed 5. Active role in ensuring leaves comply with standards. 6. When leaves run concurrently make sure to inform EE's

FMLA Complaince

Types of what leave? Continuous, Reduced and Intermittent Leaves

FMLA Types of Leave

EE absent from work for an extended period of time.

FMLA Types of Leave: Continuous

After 12/26 weeks, illness ends, death; FMLA ends. EE may return to work with no loss of benefits. If EE wants to continue leave, EE'r is under no obligation to grant it, unless there is a company policy in place to provide a longer leave. EE'rs may require "Fitness-for-Duty" certification from medical provider the EE can perform the essential job functions as stated in the job description.

FMLA Types of Leave: Ending FMLA

1. Calendar Year 2. Any fixed 12 month period 3. 12 Month period beginning when FMLA leave begins. 4. Rolling 12 month period. (most beneficial) if an EE'r has no policy the one that benefits the EE the most must be used. Change to how FMLA is calculated must be provided to EE's with a 60 day notice.

FMLA Types of Leave: FMLA Year

EE is absent from work for multiple periods of time because of a single illness or injury. EE must make an effort to minimize work disruption of regular business operations. ER may assign the EE to a different position with equivalent pay and benefits in order to meet EE's needs.

FMLA Types of Leave: Intermittent

EE's work schedule is reduced for a period of time. Reduction in hours or days worked.

FMLA Types of Leave: Reduced

True/False? ERs may follow ADA procedures for collecting information and use the information for FMLA purposes.

FMLA and ADA, allowed info sharing

ERs may require additional information for paid leave or disabilty programs, must advise EEs that the additional information is required with the paid-leave plan, not FMLA. Information may be used to evaluate FMLA continuation. Failure to provide information does not affect FMLA.

FMLA and Employer Paid Leave

True/False? When ERs are collecting information for a workers compensation claim, that information may be used when evaluating FMLA.

FMLA and Workers Compensation, allowed info sharing

FMLA Term: All public agencies and schools, private ERs with 50 or more employees working in a 75 mile radius. 50 or more EEs for each working day of 20 or more weeks in the current or proceeding year. ERs remain subject to rule until the number of EEs is less than 50 for 20 weeks in the current or preceeding year. If number is reduced below the threshold, must continue coverage through the end of a year.

FMLA: Eligibility

FMLA Term: Conditions to be *what* for FMLA? 1. Work for an ER subject to FMLA 2. Been employed for 12 months, does not need to be consecutive, breaks of 7 or more years does not need to be counted, unless break was military (bene's or compensation for any part of a week includes that week in computation). 3. Worked at least 1,250 hours during 12 months preceeding leave.

FMLA: Employee Eligibility

FMLA Term: EEs must provide verbal notice so the ER is aware of the need for FMLA-qualified leave, expected timing and length of the leave, and information about the medical condition. EEs are not specifically required to request medical leave, but they are required to answer reasonable questions about the need for leave.

FMLA: Employee Notice Requirement

FMLA Term: Per Ragsdale v. Wolverine Worldwide, if an ER neglects to designate leave as FMLA, EEs who are harmed may be entitled to restitution of losses.

FMLA: Failure to Designate Leave

FMLA Term: EEs must notify ERs at least 30 days prior to the anticipated start date of leaves for child birth, adoption, placement of a foster child, or planned medical treatment. If circumstances change, notice must given as soon as practicable. EE representative may provide notice. If notice is not given more, ER may delay FMLA coverage until 30 days after the date the EE gave notice. If the need is foreseeable, but for less than 30 days, EE must give notice as soon as practicable. ER may delay the start of FMLA for the amount of time the EE delayed notification.

FMLA: Foreseeable Leave

FMLA: "In place of a parent"; term used in expansion of FMLA coverage to employees who stand in place of a parent with day-to-day responsibilities to care for and financially support a child or who have a day-to-day responsibility to care for or financially support a person who stood "in loco parentis" for them

FMLA: In loco parentis

FMLA Term: Defined as a salaried EE among the highest-paid 10% within a 75 mile radius. Advised of status as soon as possible. Key EEs can still take leave, and are covered under its protection until they notify their ERs they are not returning to work or the ER denies reinstatement at the end of leave. Covered in the event they are immediately replaced.

FMLA: Key Employee Exception

FMLA Term: *These* duty assignments are not considered part of leave, and job restoration rights continue until the EE is released to full duty or the end of the 12 month FMLA leave year.

FMLA: Light Duty

FMLA Term: ERs should request initial certification within 5 days of the request for leave. ERs must provide 15 days for the EE to submit the certification, but may allow more time. EEs must provide complete and sufficient certification, if condition not met, ER may request in writing, the additional information needed to comply. EEs must be allowed 7 days to return that form w/ additional information. Must advise EEs of the consequences of failing to comply. If EEs do not return the certification, ERs are allowed to deny FMLA leave. ERs can use their own forms.

FMLA: Medical Certification

FMLA Term: 1. Contact information 2. Approximate date the condition began 3. Description of medical facts about the condition 4. Certification that the EE cannot perform functions of the job 5. Certification for family members, that they require care 6. Information that confirms the medical necessity for reduced or intermittent leave with estimated dates and length of treatment.

FMLA: Medical Certification: Captured Information

FMLA Term: ERs have two of *these* kinds of obligations. 1. Inform EEs of their FMLA rights. 2. Specific Information to be provided in response to an FMLA request. ERs are not required to use the DOL forms, but must include all the required information. If ER fails to inform an EE that their leave is ineligible, EE is entitled to leave that may not be denied.

FMLA: Notice Obligations

FMLA: Notice Obligations: DOL provides a poster (WH Publication 1420) explaining FMLA rights and responsibilities, must be posted in an area frequented by EEs. ERs must also provide information about rights and responsibilities in the employee handbook, collective bargaining agreement (CBA) or written documents. DOL does provide a Fact Sheet.

FMLA: Notice Obligations: 1. Informational Notice

FMLA: Notice Obligations: EE requests leave, an ER must respond in 5 business days. ERs must inform EEs of their eligibility, rights, and responsibilities, as well as, designate the leave as FMLA. DOL provides two forms for this: WH-381 and WH-382.

FMLA: Notice Obligations: 2. Notice in Response to Requests

FMLA: Notice Obligations: Which form has this? Eligibility, Rights, and Responsibilities 1. Date of leave request, beginning and end dates of the leave 2. Reason for the Leave 3. Employee rights and responsibilities 4. EE contributions towards health insurance premiums 5. Whether or not EE will continue other benefits 6. Whether or not they are eligible for FMLA leave 7. Whether or not EE is designated as a key employee 8. Whether or not the EE'r requires periodic reports on the EE's status and intention to return to work.

FMLA: Notice Obligations: WH-381

FMLA: Notice Obligations: Which form has this? Designation Notice 1. Whether or not the requested leave will be counted against FMLA leave 2. Whether or not medical certification is required 3. Whether or not the ER requires accrued paid leave to be used 4. Whether or not the ER requires a fitness-for-duty certificate prior to the EEs return to work.

FMLA: Notice Obligations: WH-382

FMLA Term: ERs may deny perfect attendance awards based on FMLA, so long as also denied to those taking similar leave for non-fmla reason.

FMLA: Perfect Attendance Awards

FMLA Term: 1. Birth of a child and caring for an infant. Fathers and mothers, if both parents work together the combined total leave may not exceed the 12-week total. Leave must be within 12 months of the child's birth. 2. Placement of an adopted/foster child. Same as (1) 3. To provide care for spouse, son, daughter or parent with a serious health condition. Spouse defined by the state one lives. Parent can be biological or in loco parentis (care giver). Child must be under 18 and unable to care for themselves because of physical or mental disability. EE'rs may require documentation to support relationship. 4. EE unable to perform functions of a job because of "Serious Health Condition" 5. Provide care for a covered service member, family members can take 26 weeks of leave in a 12-month period. 6. To Provide leave for "qualifying exigencies" for families of national guard or reserves.

FMLA: Reasons for Leave

FMLA: Reasons for Leave: 1. Inpatient care or subsequent treatment related to inpatient care. 2. Continuing treatment by a health-care provider because of a period of incapacity of more than three consecutive calendar days. Incapacity refers to inability to attend school or perform other daily activities. 3. Incapacity because of pregnancy or prenatal care 4. Treatment for a serious, chronic health condition.

FMLA: Reasons for Leave: Serious Health Condition

FMLA Term: 3 year holding requirements, FLSA standards, DOL can request no more than once in a 12 month period without a reasonable belief that a violation has occurred.

FMLA: Recordkeeping

FMLA Term: EEs can request or ERs can require the use of paid leave to be used conurrently with the FMLA leave (an action called *this*). EEs who do not qualify to take paid leave are still entitled to unpaid leave.

FMLA: Substitution of paid leave

FMLA Term: EEs unable to provide advance notice, EEs must follow usual and customary practice for calling-in an absence unless unusual circumstances prevent the EE from doing so.

FMLA: Unforeseeable Leave

FMLA Term: If mutually agreed upon by ER and EE, claims can be settled without DOL approval. However, EEs do not waive *these*.

FMLA: Waiver of Rights

Making a decision regarding the appropriateness of a test or other assessment instrument based on appearance rather than objective criteria.

Face validity

Best for small group discussions and interacting with each other in addition to participating in activities in a single group

Facility: Banquet-style

Appropriate when the participants will interact with the instructor and each other. Useful for several activities.

Facility: Chevron-style

Training situations when participants will be listening to presentations, using manuals or handouts and taking notes.

Facility: Classroom-style

Participants are of equal status and the training is led by a facilitator instead of an instructor. Maximum interaction between individuals.

Facility: Confernence-style

Best for large groups, lectures, films or video.

Facility: Theater-style Seating

Collaborative training situations, when presentations and discussions will take place. Center area used for activities, or additional seating.

Facility: U-shaped style

An informal meeting directed by the EEOC to settle discrimination complaints between an employer and the plaintiff.

Fact-finding conference

Job comparison method that ranks each job by each selected compensable factor and then identifies dollar values to develop a pay rate.

Factor comparison method

Used in the job evaluation process, it is the process of assigning a weight to compensable factors to determine their relative worth.

Factor weight

Apply to children in the workplace, minors 16-18 cannot participate in jobs considered hazardous. In 2008, as part of GINA, FLSA was amended to increase penalties to $50,000 for each violation, those that affect children are $100,000.

Fair Labor Standards Act - 1938 (FLSA) - Safety-related provisions

Covers everyone who is not covered by other legislation. Enterprise and Individual categories. FLSA established five areas 1. Minimum wage 2. Overtime guidelines 3. Criteria for FLSA exemption 4. Placed limitations on working conditions for children 5. Identified record keeping requirements for payroll transactions.

Fair Labor Standards Act, 1938 (FLSA)

Provision of the Copyright Act that allows the use of copyrighted work in certain circumstances -- for criticism, commentary, news reporting, or teaching.

Fair Use Doctrine

Act that provides some relief to employers using third parties to conduct workplace investigations

Fair and Accurate Credit Transactions Act (FACT)

1992, Bill Clinton, created to assist EE's balancing the needs of their families with demands of their job. 12 weeks of unpaid leave within a 12-month period (26 months for military caregiver leave). Continuation of health benefits. Resinstatement to the same position or an equivalent position at the end of the leave.

Family Medical Leave Act (FMLA)

Term refering to changes to an individual's existing family standing. Typically found in health care benefit plans covered by section 125 of the Internal Revenue Code. IRC 125 does not allow individuals enrolled in a covered benefit plan to make election changes to their existing benefits coverage outside of the plan's annual open enrollment period, unless a qualifying change in family or employment status, defined by the IRS as a "Qualified Family Status Change," has occurred (i.e. marriage, divorce, legal separation, death, birth/adoption, changes in employment status, cessation of dependent status, or a significant change in cost or reduction of benefits).

Family status change

USSC: Beth Faragher resigned as lifeguard and sued city for discrimination (supervisor created hostile environment) under Title VII. Supreme Court said employer is vicariously liable for actionable discrimination caused by supervisor. Liability is subject to affirmative action defense.; ER must take reasonable care to prevent harassing behavior.

Faragher v City of Boca Raton (1998)

An organization with a structure consisting of several layers of management.

Fat organization

A study designed to discover if a business, product, project or process justifies the investment of time, money and other resources.

Feasibility study

Situation in which unions try to require the employment of more workers than is necessary

Featherbedding

Federal EE's equivalent of workers compensation.

Federal Employees Compensation Act (FECA)

Offers assistance in contract settlement and maintains a list of arbitrators to help interpret contract language and resolve disputes.

Federal Mediation and Conciliation Service

Workers comp is done at the state level, however a few industries have federal legislation; longshoring, coal mines, and the department of energy.

Federal Workers Compensation Requirements

EE'rs are not responsible if a co-workers actions caused the injury.

Fellow Servant Rule

An employer policy meant to protect a pregnant woman's unborn fetus by excluding pregnant women from engaging in jobs requiring exposure to or the use of hazardous chemicals or materials.

Fetal protection policy

One that requires confidence or trust. 1. Act in the interest of the organization

Fiduciary Responsibility

EE, EE'r, or Union may file a petition available from the NLRB. In person, fax, or mail to the regional office within 6 months of the incident. Once received the NLRB notifies the charged party, inviting them to provide a written statement of the facts and circumstances about the case. Case is assigned to a board agent. Board Agent conducts interviews and makes a recommendation to the regional director. Charges may be dismissed or result in a complaint if valid. Depending on the severity may result in a informal or formal settlement. Formal Settlement results in a board order or court hearing. Administrative Law Judge (ALJ) conducts a hearing on evidence, reviews the record, and issues a "decision and order". If a party is not satisfied, they have 28 days to file an exception with the NLRB. NLRB in Washington makes the final decision. If charged party is not satisfied with NLRB findings, an appeal can be filed with the US Court of Appeals.

Filing a ULP

Section 125 plans Authorized by the Revenue Act of 1978, plans allow for EEs to set aside pretax funds for medical and dependent-care expenses. Use it or lose it. Downside for ERs is that EEs can be reimbursed for expenses before the funds have been withdrawn from their paychecks, company left holding the bag.

Flexible Spending Accounts.

Gathering information about an employees, education, skills, on-the-job-training, completed development programs, performance appraisals, awards, noteworthy accomplishments, and samples of work. Information to plan development opportunities.

Career Portfolio

Process by which individuals progress through a series of stages in their careers, each of which is characterized by relatively unique issues, themes, and tasks.

Career development

Preparing, implementing, and monitoring employees' career paths, with a primary focus on the goals of the organization.

Career management

Actions and activities that individuals perform in order to give direction to their work life.

Career planning

Arise from balancing the diverse conditions faced by the organization as a whole in a way that is consistent with the organizational culture. Internal and external conditions.

Challenges in Compensation Philosophy

Result of any OD process is change and must be implemented by people, challenge is implementation, because the people in the organization must embrace change and be motivated and committed to making the change work.

Change Management

The broad term used to describe the strategies used by organizations to facilitate the acceptance of change by employees. Communicate readily, avoid waiting for all the information, and balance the organization's need for change with employees' need for clarity and direction.

Change Management

Early model of change process theory, developed by pyschologist Kurt Lewin, described three stages for change: Unfreezing, Moving, Refreezing.

Change Process Theory

Simplest of analysis tools, requiring only a list of items (type of defect, location of defect, cause of defect, completion of a step) that might be expected to occur. Data is recorded by making marks ("checks") on it. Also called a tally sheet.

Check Sheet

Up to 50% if EE is currently supporting the spouse or 60% if not. If support is made more than 12 weeks in arrears, an additional 5% may be added on. No restrictions on child support garnishments.

Child Support Garnishment

USSC: Saint Clair Adams signed emp app requiring arbitration. Later sued for discrimination. Employer said under Federal Arbitration Act must use arbitration. Supreme Court agreed, saying only transportation workers are exempt from FAA.

Circuit City Stores v Adams (2001)

Added possible remedies of compensatory and punitive damages, rather than just equitable remedies (e.g. backpay and reinstatement) as per CRA 1964; provided for jury trials in discrimination cases.

Civil Rights Act (1991)

Civil Rights Act 1964 regarded as the milestone for modern equal opportunity. Title VII dedicated to providing equal opportunity for all Americans.

Civil Rights Legislation

HR Audit: Assess ER philosophy for alignment with corporate goals, review practices of conflict resolution and disciplinary procedures. Employee communication philisophy is reviewed, and written communication tools, such as the handbook, policies, procedures, work rules, code of conduct and behavior expectations are examined. Orientation programs are assessed for content and frequency. Absentee rates and turnover demographics are analyzed; exit interview practices and reporting are examined. Procedures for voluntary and involuntary organization exits are reviewed. Diversity practices are analyzed.

HR Audit: Employee Relations

HR Audit: Existence of labor unions, collective bargaining agreements, and union avoidance practices are examined.

HR Audit: Labor Relations

HR Audit: HR's structure, Organizational Chart, Job Descriptions, Clear Accountability. Size and effectiveness of the HR team, HR ratio, commitment to professional development of the team, meets customer needs. Alignment to organizational goals, human capital management plan, department mission statement, and analyzes the budget.

HR Audit: Organization of HR

Audit of health-care use and charges to identify which benefits are used and to make certain that care is necessary and costs are in line

HR Audit: Total Rewards: Utilization Review

HR Audit: Recruiting philosophy and process; job posting, candidate sourcing procedures, and the approval process, and the existence and status of affirmative action and diversity programs. Staffing needs analysis. Verifies job analysis process and determines whether job descriptions include essential job functions. Selection process is analyzed, how interviews are conducted, seasonal or periodic hiring cycles, how many people interview candidates, and whether interviewers receive training. Audit analyzes any preemployment tests that are utlized and ensures they are valid and reliable. The use of alternative staffing methods and hiring cycles is reviewed as well. The existence, accuracy and consistency of reference and background checks are examined.

HR Audit: Workforce Planning and Employment

Salaries, Payroll Taxes, Benefits, Equipment and Supplies, Repairs and Maintenance, Training and Development, Travel, Professional Services, Outsourced Services, Liability Insurance, Software, Hardware, Training and Development, Employee Awards, Performance Increases, Temporary Replacements, Recruiting Fees.

HR Budget

Personnel records, Observations, Interviews, Focus groups, Questionnaires.

HR Data Collection Sources

1. Professional Responsibility 2. Professional Development 3. Ethical Leadership 4. Fairness and Justice 5. Conflicts of Interest 6. Use of Information

HR Ethics (SHRM Code) 6 Core Principles - PPEFCU

Legal Compliance, Safety and Health, Security, Business Continuity, Workplace Privacy

HR Risks

Recruiting and Retention, Performance Management Systems, Managing change and leading/participating in reengineering/restructuring programs.

HR Strategic Iniatives

Process of conducting an intensive investigation of a corporation as one of the first steps in a pending merger or acquisition. Looks at Documents, Compensation, Policies and Procedures, Equal opportunity compliance, Legal compliance, Labor relations, Legal exposure

HR professionals due diligence w/ M&A

Production measures, Return on Investment,

HRD, Business Impact Measures

Training cost per employee, Employee satisfaction surveys, Learning surveys

HRD, Tactical Accountabilty Measures

A federal law providing guidelines for access and disclosure of government documents and materials to the general public.

Freedom of Information Act (FOIA) of 1966

Standards of Financial Accounting Standards Board (FASB)

GAAP (Generally Accepted Accounting Principles)

Project planning tool that graphically displays activities of a project in sequential order and plots them against time

Gantt chart

Compares the objective to the current situation and results in a list of people, actions, or items needed to obtain the objective. Third step in a Needs Analysis.

Gap Analysis

Occurs when a creditor obtains a court order requiring an employer to attach an employee's earnings in order to pay back a debt

Garnishment

The term used to describe children born after 1994 who are growing up in the Internet age.

Generation I

Group of people born roughly between the years of 1965 and 1980

Generation X

Group of people born after 1980

Generation Y

Prohibits employment and health care discrimination on the basis of genetic information. Prohibits employers from requesting, requiring, or purchasing genetic information and describes exceptions.

Genetic Information Nondiscrimination Act (2008)

Prohibits from unlawful discrimination against EE's or family members based on genetic test results. Makes it unlawful for EE'rs to request, require or purchase genetic information, but does not penalize them for obtaining the information.

Genetic Information Nondiscrimination Act of 2008

Estimate of the total value of goods and services produced in a country in a given year

Gross domestic product (GDP)

Total earnings before taxes; include regular wages plus additional earnings such as tips, bonuses, and overtime pay

Gross earnings

Used as a cost-cutting measure, it incorporates the same principles as individual outplacement benefits (i.e., providing job counseling, training and other services to displaced employees) with the exception that counseling is performed on a group vs. individual basis.

Group outplacement

Form of insurance carried by employers for their employees that provides a lump-sum payment to the employees' beneficiaries

Group-term life insurance

Founder not able to manage alone, morale issues as EE's are distanced from leadership,

Growth

1. Clear disclosure 2. Written authorization 3. Before taking an adverse action, candidate must be notified why 4. Candidates must be advised of their right to dispute information.

Guidelines for CRAs

Incident without adequate controls applied

Hazard

Insurance company manages and pays claims.

Health Insurance Cost Management: Administrative Services Only (ASO)

Employer agrees to a specific maximum coverage amount that will be paid from the claim fund for each participant before the insurance company begins to pay the claim.

Health Insurance Cost Management: Partially self-funded w/ Stop-loss Insurance

ER creates the claim fund and pays all claims through it. Self-funded plans must conduct annual discrimination tests to ensure HCEs are not utilizing the plan disproportionately to non-HCEs. Employer assumes risk for unusual claims.

Health Insurance Cost Management: Self Funded

provides claim management services only and is not part of an insurance company.

Health Insurance Cost Management: Third-Party Administrator (TPA)

Prohibited discrimination based on health status; limited health insurance restrictions for preexisting conditions; required a Certificate of Group Health Plan Coverage upon plan termination.

Health Insurance Portability and Accountability Act (1996)

These are when OSHA and NIOSH investigate (potential) hazards in the workplace. Focused on high hazard risks.

Health and Safety Inspections

Purchases health-care plans for large groups of employers to provide small businesses the economic advantages large companies have

Health insurance purchasing cooperative (HIPC)

Employer-funded plan that reimburses employees only for eligible and substantiated health-care expenses

Health reimbursement account (HRA)

A tax-free account that can be used by employees to pay for qualified medical expenses. Contributions do not have to be spent the year they are deposited. Money in the account earns interest and accumulates tax free, so the funds can be used now and in the future. If an employee leaves the job, he or she can take the account with him or her and continue to use it to pay for qualified healthcare expenses. To be eligible, an individual must be covered by a High Deductible Health Plan (HDHP), must not be covered by other health insurance (does not apply to specific injury insurance and accident, disability, dental care, vision care, long-term care), is not eligible for Medicare, and can't be claimed as a dependent on someone else's tax return.

Health savings account (HSA)

Disabilities which are not of a visible nature, such as learning disorders, alcohol abuse, depression, etc.

Hidden disabilities

Edward Lawler III, Employees are involved in designing their own work processes, are empowered to take the actions necessary to complete their work, and are accountable for the results. Broadly defined jobs in flat hierarchies, continuous feedback and information flows. 4 Elements: Power, Information, Knowledge, Rewards.

High Involvement Organizations (HIO)

High potential employees are indentified through various measures, and provided learning opportunities to prepare them for leadership.

High Potential Employees (HiPos)

This employee type earns $110,000 or more, owns 5% or more of the company, or is one of the top 20 paid EE's. Each year an Actual Deferral Percentage Test must be conducted to make sure the plan is within limits set by the IRS. This emplyee type cannot receive benefits greater than regular EEs, and if so, must refund money to them or contribute more to other EEs.

Highly Compensated Employee (HCE)

Refers to more extensive ATS and syncing with HRIS system.

Hiring Management Systems (HMS)

Visual representation of data to help in identifying patterns. Graphic representation of the distribution of a single type of measurement; data is represented by a series of rectangles of varying heights. They look like bar charts, except bar charts usually present categorical data, whereas histograms present continuous data.

Histogram

Act designed to secure the United States against terrorist attacks and other threats and hazards and ensure safe and secure borders

Homeland Security Act

Also known as job rotation, it is a job enlargement method whereby employees are shifted between various comparable jobs in an effort to prevent boredom and boost morale.

Horizontal integration

Occurs when sexual or other discriminatory conduct is so severe and pervasive that it interferes with an individual's performance; creates an intimidating, threatening, or humiliating work environment; or perpetuates a situation that affects the employee's psychological well-being.

Hostile work environment

Agreement that union members are not required to handle goods made by nonunion labor or a struck plant; generally illegal.

Hot Cargo Agreement

A method of saving office space in which workers do not have their own desk but share the same desk at different times during the day or week.

Hot-desks

The practice of not assigning offices on a permanent basis to individuals who telecommute. Instead, offices are assigned by calling in and reserving an office or workstation in advance.

Hoteling

Employees who see a connection between their daily responsibilities or tasks, personal development, organization's goals are more engaged.

How to align EE's

Directed at developing competencies at the individual level within the organization. Team building, conflict resolution, management by objectives, leadership and management development, supervisory training, and developing an understanding emotional intelligence.

Human Process Interventions

Big umbrella of ideas, including: Businesses are social as well as economic systems; social connections have an impact in the workplace; intrapersonal and Interpersonal knowledge.

Human Relations Concepts

Measure of degree to which individuals are aware of their emotions, are able to control them, and can perceive/understand them in others

Human Relations Concepts: Emotional Intelligence

Set of systematic and planned activities designed by an organization to provide its members with the necessary skills to meet current and future job demands.

Human Resource Development (HRD)

Systematic tool for gathering, storing, maintaining, retrieving, and revising HR data.

Human Resource Information Systems (HRIS)

Design of formal systems in an organization that ensure the effective and efficient use of human talent to accomplish organizational goals.

Human Resource Management

HROs may be used for one or more function; i.e. benefits or recruitment.

Human Resource Outsourcers

Combined knowledge, skills, and experience of a company's employees

Human capital

Agency of the United Nations with a broad mandate to promote social justice and human rights.

ILO

Developed by the International Organization for Standardization (ISO), it is a set of standards for quality management systems that is accepted around the world. Organizations that conform to these standards can receive ISO 9000 certification. The standard intended for quality management system assessment and registration is ISO 9001. The standards apply uniformly to organizations of any size or description.

ISO 9000 Standard / ISO 9000 Certification

The practice of counseling and advising individuals regarding items such as personal appearance, dress, manner of speaking or style.

Image consulting

Prevailing wage be paid to H-1B immigrants (ensuring US citizens did not lose work to lower paid immigrants). Restricted number of immigrants to 65,000 under H-1B. Created other categories of immigrants.

Immigration Act of 1990

Illegal to knowingly hire or continue to employ someone who were not legally authorized to work in the United States. EE'rs required to complete an I-9 w/in 3 days, required to hold for three years or 1 year after termination, whichever is later.

Immigration Reform and Control Act (IRCA)

Simplify immigration, immigration laws continue to be set on the basis of national origin, immigration first come first served, 7 categories with the goals of unifying families and preference to specialty skills that were needed in the US.

Immigration and Nationality Act (INA)

Can be created through consistent employer actions. A disclaimer can offset the effects, but no universal application of a disclaimer in the courts.

Implied contract

Programs designed to get employees who have been injured on the job back into the workforce and off workers' compensation.

Industrial rehabilitation

Enables an employer to prevent an employee from taking employment with a competitor when the current employer's trade secrets might "inevitably" be disclosed

Inevitable disclosure

Traditional organizations, individuals hold onto information that could be used to improve results instead of sharing it with other. In a HIO, information is shared with everyone.

Information

Court orders that either require or forbid an action by one party against another, to be issued against a person or group who conspired to restrain trade. First used against a labor union to obtain an injunction against the American Railway Union in 1894.

Injunction

Bringing in host country managers for training before sending them back out to the international organization.

Inpatriates

EE's who sit on the board. Paid as EE's

Inside Directors

Instructional Methods: Active: Interactive training method that provides the learner with opportunities to try new skills or practice procedures in a safe setting.

Instructional Methods: Active: Simulation

Instructional Methods: Active: Ideas are examined in a question and answer format. Question posed by leader at the beginning of the seminar and discussed by participants.

Instructional Methods: Active: Socratic Seminar

Instructional Methods: Active: Form of simulation training, allows inexperienced workers to become familiar with equipment that is hazardous or requires a level of speed that can be attained only through practice.

Instructional Methods: Active: Vestibule

Type of e-learning in which participants access information at different times and in different places.

Instructional Methods: Asynchronous learning

Provide experience in real-time situations.

Instructional Methods: Experiential Training Methods

Instructional Methods: Experiential Training Methods: Trainer explaining a process, demonstrating it, then having the learner perform it under the trainers guidance.

Instructional Methods: Experiential Training Methods: Demonstrations

Instructional Methods: Experiential Training Methods: Similar to demonstration, one-to-one ratio.

Instructional Methods: Experiential Training Methods: One-on-one

Instructional Methods: Methods in which the learner listens to and absorbs information. Instructor focused and require little active participation from the learner.

Instructional Methods: Passive

Instructional Methods: Passive: Generally combination of lecture and presentation with question and answer sessions involving the participants.

Instructional Methods: Passive: Conference

Instructional Methods: Passive: Talk/speak to others, informing them and answering questions as they arise.

Instructional Methods: Passive: Lecture

Instructional Methods: Passive: Provides same information to a group at the same time.

Instructional Methods: Passive: Presentation

Instructional Methods: Type of e-learning in which participants interact together in real time

Instructional Methods: Synchronous learning

Affect an organizations willingness and ability to pay. Financial constraints or poor business results prevent a generous program. Cost Sensitive products or services, organizational cultures value positions differentiately dependent on the product/service they provide. Additional constraints from parent companies or corporate headquarters.

Internal Conditions

Establishing credibility with the executive team, management, employees, and vendors. Credibiity established through providing solutions to organizational workforce problems.

Internal Relationships

Internal promotion empowers employees, understanding of culture can lead to greater success when they move into positions of greater responsibility. Disadvantages; mypoic viewpoint, EE's who are passed over of stagnated will be low. With several internal applicants vieing for a position, teamwork can break down. Lack of diversity, an overreliance on internal promotion can perpetuate the imblance. Reduced recruiting costs will be offset by an increase in training costs to prepare EE's for greater positions.

Internal Talent

A pool of former employees who are called upon and hired to fill temporary staffing needs on an as-needed basis.

Internal temporary pool employee

Discrimination not just because of one protected trait (e.g., race), but also because of the intersection of two or more protected bases (e.g., race and sex), i.e., Title VII prohibits discrimination against African American women even if the employer does not discriminate against White women or African American men.

Intersectional discrimination

Average/Central Tendency, contrast, cultural noise, first impression, gut feeling, halo effect, horns effect, knowledge-of-predictor, leniency, negative-emphasis, nonverbal bias, question inconsistency, recency, similar-to-me, stereotyping.

Interviewer Biases

Interviewer Biases: Error that occurs when an appraiser rates all employees within a narrow range, regardless of differences in actual performance.

Interviewer Biases: Central tendency

Interviewer Biases: Failure to recognize responses of a candidate that are socially acceptable rather than factual

Interviewer Biases: Cultural noise

Interviewer Biases: Type of interviewer bias in which interviewer allows one strong point in candidate's favor to overshadow all other information

Interviewer Biases: Halo effect

Interviewer Biases: Type of interviewer bias in which the interviewer allows one strong point that works against candidate to overshadow all other information

Interviewer Biases: Horn effect

Interviewer Biases: Errors that are the result of appraisers or interviewers who don't want to give low scores

Interviewer Biases: Leniency errors

Interviewer Biases: Type of interviewer bias that involves forming generalized opinions about how people of a given gender, religion, or race appear, think, act, feel, or respond

Interviewer Biases: Stereotyping

"Reward" such as meaningful work, good feedback on performance, autonomy, and other factors that lead to high levels of satisfaction in the job.

Intrinsic Reward

To an operations department, an organization's major asset after physical buildings and equipment

Inventory

Report gathered through interviews, written document.

Investigative Consumer Report

Payroll deductions such as tax levies and court-ordered child support that an employee must pay

Involuntary deductions

When employers decide to discharge particular employees for cause (e.g., poor performance, violations of employer policy)

Involuntary termination

Dress code requiring women to wear make-up does not constitute unlawful sex discrimination under Title VII. Can have different dress codes for different genders.

Jesperson v Harrah's Operating Co. (2004)

A service of the Office of Disability Employment Policy (ODEP) of the DOL. Its mission is to facilitate the employment and retention of workers with disabilities by providing employers, employment providers, people with disabilities, their family members and other interested parties with information on job accommodations, self-employment and small business opportunities and related subjects.

Job Accommodation Network (JAN)

Systematic study of jobs to determine what activities and responsibilities they include, relative importance and relationship with other jobs, personal qualifications necessary for performance, and conditions under which work is performed. Info is collected in a number of ways: Interview the incumbent, interview the supervisor and peers, complete a structured or open-ended questionnaire, Complete a task inventory, Observe incumbents and take notes, Utilize work logs kept by incumbents. Focus on the job, not the individual.

Job Analysis

Internal recruiting method that allows employees to indicate an interest in a position before one becomes available.

Job Bidding

Service Workers, Laborers and Helpers, Operatives, Craft Workers, Administrative Support Workers, Sales Workers, Technicians, Professionals, First/Mid-Level Officials and Managers, Executive/Senior Level Officials and Managers.

Job Categories

KSAs required to perform a position.

Job Competencies

Compiles all the information collected during a job analysis, including required tasks, knowledge, skills, abilities, responsibilities, and reporting structure. Used for applicants/recruiters to determine fit, performance management, pay levels, and reasonable accomodations for disabilities.

Job Description

Job Description Section: Where the Signatures go

Job Description Sections: Approvals

Job Description Section: Lists equipment that gets operated.

Job Description Sections: Equipment Operated

Job Description Section: Job duties and responsibilities that are the reasons the job exists. A function may be considered essential because it is required in a job or because it is highly specialized

Job Description Sections: Essential Functions

Job Description Section: Basics: Title, department, salary etc...

Job Description Sections: Identifying Information

Job Description Section: Minimum Qualifications for successful performance: 1. Education, Licenses, Certificates; , must be related to essential functions of the job to comply with ADA. 2. Communication Skills 3. Experience 4. Skills

Job Description Sections: Job Specifications

Job Description Section: describes mental requirements. Must be related to essential job functions to comply with ADA.

Job Description Sections: Mental Requirements

Job Description Section: Functions that could be performed by someone else. For ADA, these could be removed for a disabled person.

Job Description Sections: Non-Essential Functions

Job Description Section: describes physical requirements. Must be related to essential job functions to comply with ADA.

Job Description Sections: Physical Requirements

Job Description Section: Short description of job, usually 2-5 sentences.

Job Description Sections: Position Summary

Job Description Section: If the position has responsibility for supervising others, those positions are listed in this section.

Job Description Sections: Supervisory Responsibilities

Job Description Section: describes the office, hazardous equipment or locations, stairs, ladders, and confined spaces.

Job Description Sections: Work Environment

How the tasks, duties, and responsibilities of a job, can be combined for use as a development tool. Job enrichment and job enlargement.

Job Design

Broadening the scope of a job by expanding the number of different tasks to be performed while not adding to the level of responsibility or skill. Can be taken positively and negatively by the employee.

Job Enlargement

Assigning new responsibilities or tasks that challenge the employee to use existing skills and abilities in new ways or to develop new ones. New responsibility may be for planning, organizing, controlling, and/or evaluation

Job Enrichment

Systematic determination of the relative worth of jobs within an organization. Defines compensable factors.

Job Evaluation

Evaluation method that groups jobs into a predetermined number of grades or classifications, each having a class description or benchmark position to use for job comparisons. Once a position is matched/compared, it can be classified to a value on a vertical scale. Using internal equity, the value of jobs is determined.

Job Evaluation: Classification Method

Edward Hay, 1943, Uses a complex point factor system based on knowledge, problem solving, and accountability.

Job Evaluation: Classification Method: HAY system

When a new job is created or an existing job has undergone changes and is common practice when administering compensation. 4 Step process 1. Review the job description 2. Select a Salary Survey 3. Review Compensation Components 4. Recommend a Salary Range

Job Evaluation: Classification Method: Job Pricing

Provides a system of points that are assigned to the position being evaluated. Assigned under broad categories like: Education, Skill, Effort, Responsbility, Working Conditions.

Job Evaluation: Classification Method: Point Factor

evaluates jobs based upon their market value

Job Evaluation: Market-based evaluation

Evaluation method that establishes a hierarchy of jobs from lowest to highest based on overall importance to the organization by comparing the value of jobs to one another.

Job Evaluation: Ranking Method

Internal recruiting method that allows current employees the chance to respond to announcements of positions.

Job Posting

Define expectations for performance.

Job Specifications

These are examples of what kind of negative state? Task Design, Management Style, Interpersonal Relationships, Work Roles, Career Concerns, Environmental Conditions.

Job Stressors

According to EEO regulations, anyone who expresses an interest in employment, regardless of whether that person meets the employer's minimum qualifications for the job

Job applicant

Depletion of physical/mental resources caused by excessive striving to reach an unrealistic work-related goal

Job burnout

Laws enacted in several states meant to provide employers with protection from liability when disclosing information regarding current or former employees. Typically for an employer to be immune from liability the reference provided must be factual and truthful, based on documented information and not be given with malicious intent.

Job reference immunity statutes

Breaks the monotony of routine jobs by shifting people between comparable but different jobs

Job rotation

Refers to the process of migrating job listings to a job board from job boards where they were initially posted to enhance job site listings or hits.

Job scraping

harmful physical and emotional response that occurs when the requirements of the job do not match the capabilities, resources or needs of the worker. Mental and physical condition that results from a real or perceived threat and the inability to remove it or cope with it

Job-related Stress

Amendment to Vietnam Era Veterans Readjustment Assistance Act; deals with discrimination against certain veterans by the U.S. government and federal contractors

Jobs for Veterans Act (JVA)

A leadership disclosure and feedback model which can be used in performance measurement and features the four quadrants (windows) of "knowing". Quadrant I (open) - what is known by the person about him/herself and is also known by others . Quadrant II (blind) - what is unknown by the person about him/herself but which others know. Quadrant III - (hidden) what the person knows about him/herself that others do not know . Quadrant IV - (unknown) what is unknown by the person about him/herself and is also unknown by others .

Johari Window

Use of information from past and present to predict future conditions

Judgmental forecasts

Quality planning; Initiates programs by addressing quality concerns, Quality Control; ensures conformance to the parameters established, Quality Improvements; are used to continually improve operations and reduce waste.

Juran Trilogy

William Kennedy designated wife as retirement plan beneficiary. They divorced and she agreed to give up rights to his pension, BUT he didn't change the forms. He died. Ex-wife and daughter claimed benefits. SC said must follow plan documents, therefore wife got money.

Kennedy v Plan Administrators for Dupont Savings

Increasing the KSAs available within the organization enhances the ability of all employees to contribute, providing training and development opportunities increases the organizations capability for making decisions and taking action.

Knowledge

Process of creating, acquiring, sharing, and managing knowledge to augment individual and organizational performance

Knowledge management (KM)

A process used to create a summation of the knowledge an organization will need in order to support its overall goals, objectives, strategies and missions.

Knowledge mapping

Placed controls on internal union operations. Rights for union members, all could participate, freedom of speech to gather and discuss, and restricted dues increases and assessments. Gave EEs the right to sue the union and provided safeguards against retaliation. Prohibited "extortionate picketing" and required that union leadership elections be conducted no less often than every three years for local unions and five years for national/international officers.

Labor -Management and Reporting Disclosure Act (LMRDA) (1959), AKA Landrum-Griffith Act

Economic Indicators, Industry Activity,

Labor Market Analysis

BLS data, unemployment rate, occupational outlook, demographics, wages by area and occupation. Job Openings and Labor Turnover Survey (JOLTS), which analyzes open positions, hiring statistics, and terminations.

Labor Market Analysis: Economic Indicators

New competitors, existing competitor actions,

Labor Market Analysis: Industry Activity

Geographic, Technical/professional skills, Education

Labor Market Categories

Segmented by eduation.

Labor Market Categories: Education

Segmenting the market regionally, may vary by position, lower level strictly local, higher level positions national or international.

Labor Market Categories: Geographic

Labor market segmented by specialty, i.e. acocunting or IT.

Labor Market Categories: Technical/Professional Skills

First Knights of Labor, 1869.

Labor Relations

Leadership Theory, sub-part: Followers have experience and motivation, leader identifies the goal and followers are accountable for producing results.

Leadership Concepts: Situational Theories: Hershey-Blanchard Theory: Delegating

Leadership Theory, sub-part: Followers have ability but may lack motivation, require support to encourage them to act.

Leadership Concepts: Situational Theories: Hershey-Blanchard Theory: Participating

Leadership Theory, sub-part: When followers have experience, the leader is directing them, but in a more general sense. Greater emphasis on encouraging followers who have motivation, but lack experience.

Leadership Concepts: Situational Theories: Hershey-Blanchard Theory: Selling

Leadership Theory, sub-part: When followers are immature or inexperienced, leader must be more directive by providing guidelines and defining roles.

Leadership Concepts: Situational Theories: Hershey-Blanchard Theory: Telling

Leadership Theory: Leader can impact behavior of a group by establishing goals and providing direction on reaching those goals. 4 Leadership styles: 1. Directive - 2. Supportive - 3. Participative - 4. Achievement -

Leadership Concepts: Situational Theories: Path-goal theory (House, 1971)

Leadership Theory, sub-part: establishes a difficult goal, and encourages the group to accomplish it.

Leadership Concepts: Situational Theories: Path-goal theory: Achievement style

Leadership Theory, sub-part: Specifies what must be done

Leadership Concepts: Situational Theories: Path-goal theory: Directive style

Leadership Theory, sub-part: Involves the group in decision making

Leadership Concepts: Situational Theories: Path-goal theory: Participative style

Leadership Theory, sub-part: Encourages the group

Leadership Concepts: Situational Theories: Path-goal theory: Supportive style

Seek to develop HiPos for leadership roles. (Similar to management development, but perhaps to higher degree.)

Leadership Development

Leadership Style: Effective in situations requiring immediate action, life threatening situations, when productivity is the highest concern. When productivity is the highest concern, this leadership style may be the best.

Leadership Styles: Authoratative

Leadership Style: Working with team members to develop skills and abilities so they will operate independently.

Leadership Styles: Coaching

Leadership Style: A leader who involves employees in the decision-making process. Most effective in environments of highly skilled professional employees, where relationships are the highest concern.

Leadership Styles: Democratic

Leadership Style: Allow group members to operate on their own, generally results in lower levels of productivity.

Leadership Styles: Laissez-faire

Leadership Style: Leadership style that offers the promise of reward or the threat of discipline to motivate employees.

Leadership Styles: Transactional

Leadership Style: Focuses on the relationships in the group, building them to achieve organizational goals. Set the ideal, act as rolemodel, inspire excellence and stimulate new ideas and perspectives. Motivates employees by inspiring them to join in a mutually satisfying achievement.

Leadership Styles: Transformational

Software to create, deliver, and modify course content.

Learning Content Management Systems (LCMSs)

Learning Curves: Rapid increase in learning that tapers off as the learner becomes more accustomed to the task.

Learning Curves: Negatively Accelerating / Decreasing returns

Include performance management (360 assessments, self-evaluations, succession planning, and manager feedback) and track rewards.

Learning and Performance Management Systems (LPMSs)

Level of learning characterized by understanding information to the level of being able to break it down and explain how it fits together.

Learning term: Analysis

Level of learning characterized by ability to use learned information in a new situation

Learning term: Application

Level of learning characterized by ability to translate or interpret information.

Learning term: Comprehension

Level of learning characterized by ability to make judgments

Learning term: Evaluation

Level of learning characterized by ability to recall specific facts

Learning term: Knowledge

Level of learning at which the learner is able to respond to new situations and determine trouble-shooting techniques and solutions

Learning term: Synthesis

A leave program allowing employees to donate unused sick leave to a coworker who has exhausted all available sick leave and is out due to a long-term illness or injury.

Leave sharing

Used to define the practice of scheduling leave under FMLA in such a manner that the employee's leave allowance for two consecutive calendar years is uninterrupted. Typically occurs when an employer uses the calendar-year method for determining the 12-month period under FMLA.

Leave stacking

Concept that states that employees must be able to influence the attainment of a goal and see a direct result of their efforts in order for incentive pay plans to be effective.

Line of Sight

A series of related jobs in a promotional sequence generally starting with less difficult, lower-paying jobs and progressing to more difficult, higher-paying jobs. Often, the lower jobs provide required training for movement to the higher-level jobs.

Line of progression

Gather as much support as possible, legislators respond to voters/votes. SHRM Legislative Affair Committees, important to find a MOC who will guide you through the process, and introduce you to other legislatures.

Lobbying

The strategy of applying locale-specific terminology and data to a specific product or application in order to meet the language, cultural and other requirements of a specific market.

Localization

What "range" (short/mid/long) is this: 3-5 years

Long Range Plans

Insurance coverage that provides a daily monetary benefit to people who are chronically ill and who require living assistance either at home or in a residential facility

Long-term care insurance

Specific results, accomplished in three to five years, that an organization seeks to achieve in pursuing its mission

Long-term objectives

Workers comp for maritime workers.

Longshore and Harbor Workers Compensation Act (LHWCA)

Words mean more than non-verbal. Society where people tend to have many connections but of shorter duration and where behavior and beliefs may need to be spelled out explicitly so that those coming into the cultural environment know how to behave

Low context culture

Member of Congress

MOC

General term for a medical plan that seeks to ensure that the treatments a person receives are medically necessary and provided in a cost-effective manner

Managed care

Collective entity tasked with responsibility for the business and its operations. Led by CEO, CFO, COO.

Management

Upgrade skills of managers who are accountable for achieving results through others. Going beyond supervisory training, management development, includes exposure to financial and technology management.

Management Development Program

Built on mutual involvement in setting goals, ongoing communication, measurement, and reward. A limitation is flexibility during rapid change of pace in business. Goals should be broad.

Management by Objectives

Accomodation request forms can help manage process. 1. Employer requests an accomodation, given form. 2. EE obtains physician certification 3. HR obtains supervisor response 6. HR facilitates meeting with EE and supervisor 7. Management review 8. EE Appeal Process.

Managing Risk: ADA

Managing Risk: Must have means for receiving complaints, Section 404 Section 406

Managing Risk: Sarbanes Oxley (SOX)

Managing Risk: SOX section: Requires that financial statements include all material liabilities (could include claims)

Managing Risk: Sarbanes Oxley (SOX): Section 401

Managing Risk: SOX section: requires organiztional review and test of financial controls; For HR, offers, salary increases,

Managing Risk: Sarbanes Oxley (SOX): Section 404

Managing Risk: SOX section: code of ethics: 1. honest and ethical conduct, 2. accurate disclosure in reports 3. Compliance with laws, rules, and regulations 4. Accountabilty for adherence to the code.

Managing Risk: Sarbanes Oxley (SOX): Section 406

Managing Risk: SOX section: Report material changes on an urgent basis.

Managing Risk: Sarbanes Oxley (SOX): Section 409

Managing Risk: SOX section: Criminal penalties, 20 years in prison

Managing Risk: Sarbanes Oxley (SOX): Section 802

Reasons, 1. reduce costs 2. reduce likelihood of caregiver discrimination. - Incorporate work-life programs , - Educate about discrimination protections.

Managing Risk: Work-Life Discrimination

Keep employees informed, if employees can do anything, tell them what they can do, Be honest and truthful, don't hide the facts.

Managing Uncertainty

A statute which prohibits (with the exception of exempted employees and positions) employers from having policies or practices that call for mandatory retirement of employees under the age of 70.

Mandatory Retirement Age Law (1978)

Process of planning, pricing, promoting, and distributing goods and services to satisfy organizational objectives

Marketing

Generally work with a specific function/department, Work closely with process owners to implement DMAIC.

Master black belt

Must be provided by manufacturers for every hazardous substance; employers must evaluate chemicals and inform employees of hazardous properties

Material Safety Data Sheet (MSDS)

Organization has resources, possible to become bureaucratic, for HR, stability allows you to hire less experienced EE's and train them. Comp and Bene's are often enhanced.

Maturity

OSHA info: Employees and their representatives must be involved in the recordkeeping system in several ways. ER must inform each employee of how he or she is to report an injury or illness. You must provide limited access to your injury and illness records for your employees and their representatives; OSHA 300 log must be provided by the end of the next day. OSHA 301 form to EE by end of next day, to representative within 7 calendar days, with the "Tell Us About the Case" Removed.

OSHA - EE Involvement

1996, Provide the same limits for mental health as they do for other health benefits.

Mental Health Parity Act

Deep seated beliefs that color perceptions and affect how individuals see the world around them.

Mental Models

Program that matches an experienced individual who acts as a teacher, guide, counselor, or facilitator and provides personalized feedback and guidance to a more junior colleague. Traditionally, such relationships form through informal interest rather than formal structure. Programs formalize this concept and provide it to a diverse group of people.

Mentoring Programs

Merger- combined into single entity to leverage assets.

Mergers

Buying or merging companies,done to find synergies or expand into strategic markets.

Mergers and Acquisitions

Typically used to calculate increases. Considerations include; Position in salary range, tenure in position, skill set and performance compared to peer group,

Merit Matrix

Longevity, customer satisfaction, absenteeism. Absenteeism and turnover easily measured. Tactical measures; tracking legal compliance issues, claims filed with the EEOC, lawsuits, cost of settlements, or other consequences of poorly designed or communicated programs.

Metrics of Employee Relations

What "range" (short/mid/long) is this: 1-3 years

Mid Range Plans

A statement illustrating what the company is, what the company does and where the company is headed.

Mission Statement

Cash, 401(k) matching, medical care premiums, pension plans, and paid time-off, stock options, employee stock ownership plans (ESOPs) and incentive plans.

Monetary Compensation

Hierearchy of Needs (Abraham Maslow, 1954), Motivation/Hygiene Theory (Fredrick Herzberg, 1959), Theory X and Y (Douglas McGregor, 1960), ERG Theory (Clayton Alderfer, 1969), Acquired Needs Theory (David McClelland, 1961), Equity Theory (J. Stacy Adams, 1963), Expectancy Theory (Victor Vroom, 1964), Operant Conditioning (B.F. Skinner, 1957)

Motivation Concepts

Motivation Theory, subpart: Motivated to take moderate risks, respond to frequent feedback, generally prefer to work as sole contributors or with others interested in achieving at the same level.

Motivation Concepts: Acquired Needs Theory: Achievement

Motivation Theory, subpart: Look for acceptance within the work group and need regular interaction with co-workers or customers.

Motivation Concepts: Acquired Needs Theory: Affiliation

Motivation Theory, subpart: Looking for personal power or organizational power, often effective managers who are motivated by coordinating work groups to achieve organizational goals.

Motivation Concepts: Acquired Needs Theory: Power

Motivation Theory: Builds on Maslow's work, only 3 levels of needs: 1. Existence (physiological and safety) 2. Relatedness (social needs and esteem) 3. Growth (self-esteem and actualization). It allows for the possibility of working on multiple levels simulataneously. Also frustration-regression -- individual falls back to lower levels in frustration at higher level.

Motivation Concepts: ERG Theory (Clayton Alderfer, 1969)

Motivation Theory: People are constantly measuring what they put into work against what they get from work. If it's fair, they are motivated to continue. If there is an imbalance, they will take actions to achieve balance.

Motivation Concepts: Equity Theory (J. Stacy Adams, 1963)

Motivation Theory: People are motivated by the expectation of reward. Each individual calculates the level of effort to receive that award. Variables include: Expectancy, Instrumentality, Valence.

Motivation Concepts: Expectancy Theory (Victor Vroom, 1964)

Motivation Theory, sub-part: Motivation starts with an assessment by individuals about their capabilities to successfully complete an assignment.

Motivation Concepts: Expectancy Theory: Expectancy

Motivation Theory, sub-part: If individuals believe they are capable, they consider the effort reward tradeoff.

Motivation Concepts: Expectancy Theory: Instrumentality

Motivation Theory, sub-part: This is the result of the effort-reward calculation.

Motivation Concepts: Expectancy Theory: Valence

Motivation Theory: Basic needs and stages of growth, 5 levels: Physiological, Safety, Social, Esteem, Self-Actualization

Motivation Concepts: Hierearchy of Needs (Abraham Maslow, 1954)

Motivation Theory, subpart: Need for recognition of their achievements

Motivation Concepts: Hierearchy of Needs: Esteem

Motivation Theory, subpart: Most basic needs: Food, Shelter.

Motivation Concepts: Hierearchy of Needs: Physiological

Motivation Theory, subpart: Need to avoid physical harm. Freedom from hazard, risk, or injury.

Motivation Concepts: Hierearchy of Needs: Safety

Motivation Theory, subpart: The satisfaction factors motivate by changing the nature of the work so people are challenged to develop their talents and fulfill their potential. Leads to longer-term satisfaction.

Motivation Concepts: Motivation/Hygiene Theory: Motivation

Motivation Concept: Behavior can be changed through 4 interventions: Positive Reinforcement, Negative Reinforcement, Punishment, Extinction

Motivation Concepts: Operant Conditioning (B.F. Skinner, 1957) -- aka "Behavioral Reinforcement" or "Behavioral Modification"

Motivation Concept subpart: Discourages future occurrences by ceasing to reinforce it.

Motivation Concepts: Operant Conditioning: Extinction

Motivation Concept subpart: Encourages continuation of the behavior by removing a negative response.

Motivation Concepts: Operant Conditioning: Negative Reinforcement

Motivation Concept subpart: Encourages continuation of the behavior by providing a pleasant response.

Motivation Concepts: Operant Conditioning: Positive Reinforcement

Motivation Concept subpart: Discourages future occurrences by providing an unpleasant response when the behavior occurs.

Motivation Concepts: Operant Conditioning: Punishment

Two-part motivation theory: first part is where management views employees as lazy, needing constant direction, and most interested in job security. Second parts is where management believes that, given the opportunity, employees will seek out challenging work and additional responsibility if the work is satisfying.

Motivation Concepts: Theory X and Y (Douglas McGregor, 1960)

Disorders caused by repetitive motion and poor ergonomic design. Affect muscles, nerves, tendons, ligaments, joints, cartilage, blood vessels, and spinal disks. AKA repetitive stress injuries (RSI's) or "Cumulative Trauma Injuries" (CTI's).

Musculoskeletal disorders (MSDs)

Whose process, and for what? 1. A written response achknowledging the request is provided within a few weeks. 2. Review the request and replies. Sends standard written materials, or a project officer is assigned to investigate 3. Project Officer calls the requestor, sometimes resolved there, schedules a site visit if not.

NIOSH Process for Responding to Requests for Assistance

To determine whether a majority of employees in the unit desire to be represented by the union. If issues are resolved then a consent election takes place within 30 days. A directed election occurs when a preelection hearing is required to resolve the issues prior to scheduling the election. Within 7 days the employer must provide an Excelsior list containing the names and addresses of all employees in the bargaining unit to the union.

NLRB Election

NLRB Election step/term: Type of representation election that involves an agreement between an employer and a union to waive the preelection hearing. Generally held if there is no substantial issue in dispute between the employer and unions involved in a representation case.

NLRB Election step/term: Consent Election

NLRB Election step/term: Day when neither the Union nor the Employer may conduct a campaign to influence the vote

NLRB Election step/term: Day of the Election

NLRB Election step/term: Occurs when a preelection hearing is required to resolve issues. Type of representation election ordered by the NLRB regional director after a preelection hearing

NLRB Election step/term: Directed Election

Non-union electric company was hiring. Union members applied, but most were not interviewed; one was hired and then fired. Union filed complaint. Supreme Court agreed "Individuals can meet definition of 'employee' even if they are working for the company and simultaneously being paid by the union to help organize that company." Employee CAN have two masters, so long as service to one does not involve abandonment of the service to the other.

NLRB v Town & Country Electric

NLRB reversed its 2000 decision in Epilepsy, withdrawing Weingarten rights from nonunion employees

NLRB: IBM Corp (2004)

Established that temporary employees may be included in the client company's bargaining unit and that consent of the employer and temp agency are not required to bargain jointly

NLRB: MB Sturgis (2000)

Act that extended the policies of the Railway Labor Act to all interstate commerce organizations

National Industrial Recovery Act

Group that researches and evaluates workplace hazards.

National Institute of Occupational Health and Safety (NIOSH)

"Wagner Act" passed as part of the New Deal, "Labor's Bill of Rights". Allowed EE's to organize, bargain collectively, and engage in activities for the purpose of collective bargaining. Applied to union or nonunion EE's. Created the National Labor Relations Board (NLRB), established to enforce provisions of the act. Only responds to petitions for representation elections filed.

National Labor Relations Act (NLRA) (1935)

Agency that has authority to conduct union representation elections and investigate unfair labor practices

National Labor Relations Board (NLRB)

Revision to Bloodborne Pathogens standard that requires employers to minimize employees' exposure to blood through sharps injuries. Mandates that all needlestick and sharps injuries be recorded.

Needlestick Safety and Prevention Act (2000)

Methods for obtaining the neccesary information to evaluate proposals and make decisions that will best accomplish an organization's goals. Can be used in any area of business; in HR it is often employed in the areas of training and development, staffing projections, and benefit planning.

Needs Analysis or Needs Assessment

Type of interviewer bias that involves rejecting a candidate on the basis of a small amount of negative information

Negative emphasis

When an ER knew or should have known about an applicant's prior history that endangered an ER's constituents. To protect themselves, ERs should do their due diligence on candidates.

Negligent Hiring

Retention of employees who engage in misconduct both during and after working hours

Negligent retention

Requires a minimum length of hospital confinement in conjunction with childbirth. This requirement applies to health plans and health insurance companies that provide hospital stays for childbirth in their policies. The law provides that coverage for a hospital stay following a normal delivery may not be limited to less than 48 hours for both the mother and newborn, and for a cesarean section not less than 96 hours.

Newborns' and Mothers' Health Protection Act (NMHPA) (1996)

Intrinisic and Extrinsic nonmonetary rewards

Nonmonetary Compensation

OSHA term: 1. ERs required to provide records and documents, 2. ER must post citations for three working days or until the citation is abated, whichever is longer, abate violation by time on the citation 3. ERs may file a notice of contest within 15 days, and if there will be an unavoidable delay in abating a violation because of materials, equipment, or personnel, then ER may request a temporary variance until the violation can be corrected.

OSHA - EE'r Rights/Responsibilities

OSHA term: 1. CSHO arrives and presents credentials. 2. CSHO holds an opening conference, explain the visit, request an EE and ER representative 3. Tour the facilities; review safety and health program, examine records, look for OSHA poster, evaluate compliance, point out unsafe working conditions and suggest remedial actions, 4. Holds a closing conference, discuss the observations made.

OSHA - Inspection Procedures

Whose priority order is this? 1. Immenent Danger 2. Catastrophes and Fatal Accidents 3. Complaints and Referrals 4. Programmed High-Hazard Inspections 5. Follow-Up Inspections

OSHA - Priority

OSHA info: Forms must be kept for 5 years following the end of the calendar year they cover.

OSHA - Retention of Forms

This must be recorded per what law? 1. Is the EE covered by this law? (All on ER's payroll and temps under their supervision too) 2. EE covered by new regulations? 3. is it a new case?

OSHA - What must you record?

OSHA info: Any injury or illness is generally considered to be work related if it happens at work, causes death, days away from work, restricted or limited duty, medical treatment beyond first aid, or loss of consciousness. Diagnoses of an injury or illness by a physician, even if it does not result in one of the above, must be recorded.

OSHA - What's Recorded

This last applies to ERs with 11+ EEs. Exemptions: Certain industries, retail, service, finance, insurance, and real estate. If you haven't been notified, you're exempt. Owners and partners in sole proprietorships and partnerships are not considered EEs under this law.

OSHA Applies to

Employers can voluntarily contact OSHA and get an onsite consultant for free. Consultant will help find hazards, appraise current safety program, meet with Mgmt, provide a report as well as training and assistance in implementing fixes. Must still address (abate) hazards found (violations), or issue gets referred to OSHA Enforcement Officer.

OSHA Consultants

1. Senior Management Commitment 2. Ongoing worksite analysis 3. Active hazard prevention and control programs 4. Safety and Health Training is ongoing.

OSHA Determined Common Characteristics of Good Plans

Whose rights are these, and under what law? Can seek advice from OSHA, participate in advisory committees, contact NIOSH. At times they may be unable to comply, can apply for waivers to the standards.

OSHA ER Rights

Log of Work-Related Injuries and Illnesses; used to classify work-related injuries and illnesses and to note the extent and severity of each case

OSHA Form 300

Summary of Work-Related Injuries and Illnesses; shows the totals of work-related injuries and illnesses for the year in each category

OSHA Form 300A

Injury and Illness Incident Report; supplemental record that covers the details of each occupational injury and illness

OSHA Form 301

OSHA Standard: sets forth requirements for employers with workers exposed to blood or other potentially infectious materials. ER must take steps to prevent exposures, have a control plan, train EEs on prevention, post-exposure evaluation, follow-up, recordkeeping, and incident evaluation.

OSHA Standards - Bloodborne Pathogens

OSHA Standard: OSHA standard that requires space-entry restrictions, rescue procedures, and a written safe-entry program to address concerns over adequate oxygen content in the air, toxic substance exposure, and physical exposures for workers in confined spaces.

OSHA Standards - Confined Space Entry standard

OSHA Standard: Requires action so equipment cannot be activated (lockout - installing a lock, disconnect switch, or shutoff valve) and signs or labels (tagout) attached to dangerous equipment that should not be activated

OSHA Standards - Control of Hazardous Energy (Lockout/Tagout).

OSHA Standard: Requires EE'rs to have Emergency Action Plans during an evacuation. Designate EE's to remain behind to shutdown critical operations, process for counting everyone, training, responsible party.

OSHA Standards - Emergency Action Plans

OSHA Standard: provides guidelines for preparing an emergency action plan and includes specifications regarding exits and maintenance of emergency systems

OSHA Standards - Emergency Exit Procedures (Means of Egress) standard

OSHA Standard: Must describe major fire hazards and procedures for handling and storing hazardous materials. Control the accumulation of flammable refuse, ensure heating devices are adequately maintained. Inform EE's.

OSHA Standards - Fire Prevention Plans

OSHA Standard: Guards must be used on machinery, barrier types, two hand tripping, electronic safety devices, or other guards that effectively prevent injuries.

OSHA Standards - General Requirements for All Machines

OSHA Standard: Requires labeling, Material Safety Data Sheets, training, orientation for new and transferred employees, and hazard communication programs to inform employees of hazardous chemicals in the workplace

OSHA Standards - Hazard Communication Standard (HCS)

OSHA Standard: provides general requirements for all machinery to protect operator and other employees

OSHA Standards - Machine Guarding Standard

OSHA Standard: Requires ER to have adequate first aid.

OSHA Standards - Medical Safety and First Aid

OSHA Standard: Establishes permissible noise levels for the workplace, establishes measurement procedures, hearing conservation programs for noise levels over 85 decibels, must report hearing loss of 10 decibels.

OSHA Standards - Noise Exposure

OSHA Standard: OSHA standard that protects employees from environmental, process, chemical, mechanical, or radiological hazards capable of causing injury or impairment and sets criteria for acceptable equipment designs.

OSHA Standards - Personal Protection Equipment

OSHA Standard: Workplace to be clean and guidelines for santitary conditions

OSHA Standards - Sanitation

OSHA Standard: ER must ensure that EE's are protected from injury around electricity.

OSHA Standards - Selection and Use of Electrical Work Practices

OSHA Standard: Colors for signs, size and shape for moving vehicle signs. Red - danger, Yellow - caution, Orange - warning, Fluorescent Orange or Orange-Red for biological.

OSHA Standards - Specifications for Accident Prevention Signs and Tags

OSHA Standard: Requires employers to provide jobs and an environment free from recognized safety and health hazards. Requires ERs to comply with all OSHA rules, regulations, and standards.

OSHA Standards - The General Duty Standard, Section 5

OSHA or NIOSH visit? Identify the cause of EE illness, Evaluate the potential for hazard from exposure to chemicals or conditions, investigate adverse health effects from permissible exposures to regulated chemicals or working conditions, conduct medical and epidemiological hazard investigations, investigate higher-than-expected occurence of injury or illness, evaluate newly identified hazards, investigate the possible hazard of exposure to a combination of agents.

OSHA Vs. NIOSH Visit - NIOSH

OSHA or NIOSH visit? Identify workplace hazards, suggest ways to correct hazards, assist in creating programs, assist in reducing workers compensation costs, improving EE morale.

OSHA Vs. NIOSH Visit - OSHA

OSHA works with groups committed to worker safety and health to prevent workplace fatalities, injuries, and illnesses. They develop compliance tools, share info with EEs and ERs, and educate EEs and ERs about rights and responsibilities. Do not receive exemptions from OSHA inspections.

OSHA: Cooperative Programs: Alliance Program

ER finds and partners with an Administrator who will assist the employer in developing an effective safety and health management system by working through the three stages of OSHA Challenge, starting at most appropriate stage. ER must be committed to applying for VPP.

OSHA: Cooperative Programs: OSHA Challenge Program

Original, researcher performs his/her own studies or experiments.

Primary Research

PEO, operates the organizations HR department. PEO becomes the employer of record and leases the EE's back to the organization. PEO's are full service HR.

Professional Employer Organization

Program Delivery: Provides same content to a group of employees in a classroom setting, effective for small groups when providing the same information to everyone in the group.

Program Delivery: Classrooms

Program Delivery: Delivery of formal and informal training and educational materials, processes, and programs via the use of electronic media

Program Delivery: E-Learning

Program Delivery: E-Learning: Planned approach to learning that includes a combination of methods such as classroom, e-learning, self-paced study, and performance support such as job aids or coaching.

Program Delivery: E-Learning: Blended Learning

Program Delivery: E-Learning: Interactive method combines many elements into a real-world learning experience.

Program Delivery: E-Learning: Computer Based Training (CBT)

Program Delivery: E-Learning: Process of delivering educational or instructional programs to locations away from a classroom or site

Program Delivery: E-Learning: Distance Learning

Program Delivery: E-Learning: Training tool integrated in the computer system used by employees on the job, "Help" resources.

Program Delivery: E-Learning: Electronic Performance Support System (EPPS)

Program Delivery: E-Learning: Forums, trainees can post questions and share information with each other. May be supervised or faciliatated by a leader knowledgeable in the subject matter.

Program Delivery: E-Learning: Online Bulletin Boards

Program Delivery: self-paced training, learners progress from lesson to lesson in a predesigned order as mastery is obtained. Allows learner to progress at their own rate. Programmed instruction is effective for disseminating facts and concepts, refreshing previously learned skills, expanding learners knowledge in a field that is already familiar.

Program Delivery: Programmed instruction

Meets ERISA requirements and provides tax advantages for both employees and employers. Must be available to all EE's.

Qualified Plan

An order, decree, judgment or administrative notice (including a settlement agreement) requiring health coverage for a child; issued by a domestic relations court or other court of competent jurisdiction or through an administrative process established under state law.

Qualified medical child support order (QMCSO)

Based on research that uses open-ended interviewing to explore and understand attitudes, opinions, feelings, and behavior. Subjective evaluations of general observations and information.

Qualitative Analysis

Obtains input from a group of individuals who provide their expertise in succeeding rounds of questions about an issue or problem. Participants never meet, but provide input in written form. This technique has several benefits, good alternative when people are geographically seperated, and encourages a wide variety of ideas that might not otherwise have been considered.

Qualitative Analysis: Delphi Technique

Led by a facilitator, everyone thinks about the issue and writes down their thoughts. Thoughts are collected one by one until all are presented. Then the process for prioritizing and consensus building takes place. This method helps arrive at a fairly quick decision while still obtaining input from all, rather than just the majority as in traditional voting.

Qualitative Analysis: Nominal Group Technique

The quality leader in an organization generally reports to the CEO or president in order to remain objective. Role represents customer requirements and focuses on continually improving operations.

Quality leader/manager

Seeks to obtain easily quantifiable data on a limited number of measurement points. Tools based on mathematical models for measuring historical data.

Quantitative Analysis

Quantitive measurement tool that compares two variables to determine whether there is a relationship between them.

Quantitative Analysis: Correlation

Describes the relationship between the two variables and is stated as a number between -1.0 and 1.0. Negative - down trend line, Positive - up. Zero correlation, straight line.

Quantitative Analysis: Correlation Coefficient

Quantitative Analysis: Listing of grouped data, from lowest to highest

Quantitative Analysis: Frequency distribution

Quantitative Analysis: Shows the number of people or organizations associated with data organized in a frequency distribution

Quantitative Analysis: Frequency table

Sum of variables divided by the count of variables.

Quantitative Analysis: Measures of Central Tendency: Mean

Middle number in a sequence of numbers, good for highly skewed data sets.

Quantitative Analysis: Measures of Central Tendency: Median

The number that occurs most frequently in a set of numbers

Quantitative Analysis: Measures of Central Tendency: Mode

Rolling Average used to calculate averages over a period of time.

Quantitative Analysis: Measures of Central Tendency: Moving Average

Raw average of data that gives equal weight to all factors with no regard to individual factors such as the number of incumbents or companies

Quantitative Analysis: Measures of Central Tendency: Unweighted Average

Used to compensate for data that may be out of date. The more current data is multiplied by a predetermined number to better reflect the current situation.

Quantitative Analysis: Measures of Central Tendency: Weighted Average

Assigns more weight to current data and drops old data.

Quantitative Analysis: Measures of Central Tendency: Weighted Moving Average

Benchmark based on the historic relationship of one variable to another.

Quantitative Analysis: Ratios

Quantitative method: Allow for multiple plans to be tested in abstract form.

Quantitative Analysis: Simulation Models

Measure that indicates how much scores in a set of data are spread out around a mean or average. Equal to the square root of the arithmetic mean of the squares of the deviations from the arithmetic mean.

Quantitative Analysis: Standard deviation

Measuring historic data and providing a basis for projecting future requirements.

Quantitative Analysis: Time Series

Quantitative method: Measures the relationships among several variables to forecast another.

Quantitative Analysis: Time Series: Multiple Linear Regression

Quantitative method: Measures the relationship of one variable to another, and allows for prediction of one variable from the other.

Quantitative Analysis: Time Series: Simple Linear Regression

Quantitative method: Compares the changes in a single variable over time and, over a period of years, generally moves upward or downward.

Quantitative Analysis: Time Series: Trend Analysis

Never ask about race, other protected classes may be BFOQ. Should be asked appropriately.

Question Guidelines

Hispanic or Latino, White (Not Hispanic or Latino), Black or African American, Native Hawaiian or Other Pacific Islander, Asian, American Indian or Alaska Native, Two or More Races,

Race and Ethnic Categories

The practice of adjusting employment test scores to compensate for racial differences.

Race-norming

Protected unionization rights; allowed for 90-day cooling off period to prevent strikes in national emergencies. Covers railroads and unions. Applies to airlines now as well.

Railway Labor Act (1926)

Medical school, quota system was too rigid (set aside 16 of 100 seats for minorities), but CAN consider race as ONE factor in admissions.

Regents of the University of California v. Bakke (1978)

Larger operational view, managers move between BU's in different countries.

Regiocentric

A type of legal written document executed by an employer and signed by an employee whereby the employee relinquishes certain rights in exchange for some form of consideration, such as a benefit the employee would not have otherwise received had he or she not been discharged.

Release agreement

Produces consistent results so that, over time, the scores will not vary greatly.

Reliability

When an employee on FMLA leave is receiving employer-provided disability payments, they may not be required to use accrued sick or vacation leave during the FMLA absence

Repa v Roadway Express (2007)

OSHA Term: Violation of an OSHA standard that is a repeat of a violation found under a previous inspection

Repeat violation

Composed of 4 Boxes: Ready for promotion, Develop for future promotion, Satisfactory in current position, Replace.

Replacement Chart

"Snapshot" assessment of the availability of qualified backup for key positions

Replacement planning

Legislative measure limited in effect to either the Congress or one of its chambers

Resolution

An employer can be held liable for actions of its employees that occur on the job, regardless of whether act is reckless or negligent.

Respondeat Superior

Board of Directors BOD, negotiate with candidate at an "arm's length". Objectivity and the best interest of the company in mind.

Responsibility of Negotiating Executive Compensation

Common stock offered to EE's, typically executives who demonstrate outstanding performance. Actual shares, not options. Usually follows a vesting schedule.

Restricted Stock

A contract clause requiring executives or other highly skilled employees to refrain from seeking and obtaining employment with competitor organizations in a specific geographical region and for a specified period of time.

Restrictive covenant

Net profits that are not distributed to owners, but remain in business.

Retained Earnings

Headhunting Firms and "Executive Search" paid whether or not any of the candidates are hired. Generally used for executive-level positions; specialize sourcing from the passive labor market.

Retained Employment Agencies

This is when an employer terminates an employee for engaging in activities protected by the law (e.g., filing a discrimination charge, opposing unlawful employer practices)

Retaliatory discharge

Dividing the benefits realized as a result of a program by the total related direct and indirect costs.

Return on Investment (ROI)

Learning elements that may be reused in a variety of contexts; examples include animated graphics, job aids, and print modules

Reusable learning objects

Money received from customers for products and services.

Revenue

Rulings published by the IRS as general guidelines to all taxpayers or organizations

Revenue rulings

Lesser experienced employees teach more experienced workers technology and culture.

Reverse Mentor

Pay for performance compensates employees for effort. When contributions will be recognized, they are encouraged to go above and beyond.

Rewards

Refers to statutes that prohibit unions from making union membership a condition of employment

Right to work

A letter issued by the EEOC, once a charge has been recorded and processed, informing individuals who filed the charge that they have the right to further pursue their charges in a federal or state court.

Right-to-sue letter

An approach to reducing staff, whereby jobs are prioritized in order to identify and eliminate unnecessary work. This method uses a selection criteria based on individual jobs, rather than people, in order to avoid possibly laying off the wrong employees.

Rightsizing

The process used to determine the likelihood that an organization will be affected by any type of risk. Estimates the cost of the loss and the impact it would have on the organization.

Risk Assessment

A proactive method for addressing business risks in a systemic approach. Uses insurance and other strategies to prevent or minimize an organization's exposure to liability in the event a loss or injury occurs

Risk Management

Risk Management: The process of analyzing and identifying workplace behavioral issues and implementing programs, policies or services most suitable for correcting or eliminating various employee behavioral problems.

Risk Management: Behavioral risk management

Risk Management concept: Coverage that protects employers against lawsuits brought by current or former employees. Insurance company will evaluate HR policies, lawsuits, or claims; these factors are used to determine whether such a policy may be issued and the amount of the premium to be paid.

Risk Management: Employment Practices Liability Insurance (EPLI)

An assessment of an employer's current policies and practices to determine potential areas of liability (i.e., discrimination, wrongful discharge and other violations of employee rights) typically conducted by an outside consulting or legal firm.

Risk Management: Employment Practices Liability audit

Risk Management concept: Risks = Profitability x Consequences

Risk Management: Equation

Risk Management concept: Company takes steps to avoid the risk.

Risk Management: Risk Avoidance

Risk Management concept: Steps taken to reduce risk

Risk Management: Risk Mitigation

Risk Management concept: Shift the risk to another entity, usually by purchasing insurance.

Risk Management: Risk Transfer

Tool used to make calculated judgments based on the probability that a circumstance will occur and the potential consequences

Risk Management: Scorecard

Plans that allow after-tax contributions to existing 401(k) or 403(b) plans

Roth 401(k)/403(b) plans

Account providing tax-free income growth; contributions are made with after-tax dollars

Roth IRA

An outsourcing method that is based on transferring jobs away from higher cost urban areas to lower cost rural areas.

Rural sourcing

Business enterprise allowed by the IRS for most companies with 75 or fewer shareholders, enabling the company to enjoy the benefits of incorporation while being taxed as if it were a partnership.

S corporation

Type of learning curve in which learning occurs in a series of increasing or decreasing returns; usually seen when an employee is attempting to learn a difficult task that also requires specific insight

S-shaped curve

Severe Acute Respiratory Syndrome. According to the CDC, no outbreaks since 2004.

SARS

Specific , Measureable, Action-Oriented, Realistic, Time-Based

SMART Goals

Taxes are paid equally by ERs and EEs. Originally contained in SSA of 1935, replaced in 1939 with Federal Insurance Contributions Act (FICA). FICA transferred responsibility for collecting these taxes to the IRS. Employees must receive a statement of all taxes withheld from their paychecks each pay period. Retirement age is 67.

SSA: Taxes

Identifying possible hazards in the workplace and reducing the likelihood an accident will occur. High accident rate is costly.

Safety

1. Determine whether training is needed 2. Identify the training needs 3. Develop Objectives 4. Develop delivery methods 5. Conduct training 6. Evaluate results 7. Adjust as needed.

Safety Training Programs

Composed of workers from different levels and departments who are involved in safety planning and programs

Safety committees

Organizations compensation philosophy, roles played by HR, Line Managers, and Executives, Basic Information about Pay Increases, A description of how salaries or wages for new hires are determined.

Salary Administration Handbook Contents

Midpoint progression most common. Difference between midpoints generally less in lower grades, and progressively increasing in higher grades. 12-15% at lower grades, 25% at higher grades.

Salary Structure Development: Midpoint Progression

Salary Range spread between minimum and maximum. Typical spreads are less in lower grades, allowing for upward mobility, larger in higher grades to allow for growth over longer periods of time. Entry usually 15% and 25-30% at higher grades. Calculated based on the midpoint. 18% spread, would set the low at 82% of the midpoint, maximum would be 118% of the midpoint.

Salary Structure Development: Pay Range

Used to group jobs that have approximately the same relative internal worth and are paid at the same rate or within the same pay range

Salary Structure Development: Pay grades

3 Types: Government, Industry, Commissioned Surveys. Allow organizations to gather compensation and benefits data that reflects current trends in the labor market.

Salary Surveys

Independent national statistical agency, resource to the DOL and source of salary survey data.

Salary Surveys: Bureau of Labor Statistics

Costly to be done by experts, informal exchange of information amongst HR professionals, or part of a professional oragnization association.

Salary Surveys: Commissioned Surveys

Business function/line function responsible for selling an organization's product to the marketplace

Sales function

Portion of silent and baby boom generations that is simultaneously caring for their own children and one or more elderly family members

Sandwich generation

Public Company Accounting Oversight Board, periodic inspections for compliance. Standards for auditors, must change agents every 5 years, results delivered directly to committee of BOD's, CEO accountable, CEO/CFO required to reimburse for incentive pay in the event of material restatement of financial reports. Prohibited insider trading. Ethical requirements for senior financial officers. Criminal penalties for management officials who defraud shareholders, destroy docs, obtruct justice. Whistleblower protection.

Sarbanes Oxley Changes

Law that aimed to improve quality and transparency in financial reporting, to increase corporate responsibility and the usefulness of corporate financial disclosure, and to establish and maintain an adequate internal control structure and procedures for financial reporting. Also requires administrators of defined contribution plans to provide notice of covered blackout periods; provides whistleblower protection for employees

Sarbanes-Oxley Act (2002)

Retirement plan by which employees can contribute each year to a 401(k) plan or IRA

Savings Incentive Match Plan for Employees (SIMPLE)

As related to international labor relations, a participatory management approach in which workers have the opportunity to identify problems and help resolve them

Shop-floor participation

Milestones that must be achieved, usually within six months to one year, in order to reach long-term objectives

Short-term objectives

Situation in which building occupants experience acute health and comfort effects that appear to be linked to time spent in a building but no specific illness or cause can be identified

Sick building syndrome (SBS)

Specified period of time during which employees who are ill or have nonwork-related injuries receive their full salary

Sick leave

Tax-deferred account to which the self-employed and employees of very small businesses can contribute

Simplified Employee Pension (SEP)

Provides each incumbent of a job with the same rate of pay, regardless of performance or seniority; also known as flat-rate pay

Single-rate pay

Computerized talent or skill inventories that can furnish a list of qualified people

Skill banks/Skill tracking systems

Extent to which a job requires a variety of different activities for successful completion

Skill variety

Collects information on KSA's of staff.

Skills Inventory

Providing employees with specific information that is needed to do their job. Job specific or soft skills (meeting management, time management, communication).

Skills Training

A term used to describe individuals with mental disabilities and an IQ of between 75 and 90.

Slow learner

Provided that an SBA ombudsman act as an advocate for small business owners in the regulatory process

Small Business Regulatory Enforcement Fairness Act (1996)

USSC: The city revised its pay plan, granting raises to police and fire; fewer than 5 yrs tenure got higher raise as the goal was to bring salaries up to regional average. Court decided that ADEA permits disparate impact claims for age discrimination comparable to those permitted for discrimination based on sex and race.

Smith v City of Jackson, MS (2005)

A term used to describe a form of alternative work arrangement whereby employees (typically retired individuals) move to warmer climents in the winter months and return to work only during the Spring/summer months.

Snowbird program

Act that created SSA and provides retirement, disability, death, and survivor's benefits.

Social Security Act of 1935 (SSA)

Medicare was created through *this*.

Social Security Amendments of 1965

As related to international labor relations, legislation pending before European Union where employment conditions/practices would be standardized

Social charter

A business enterprise in which an individual is fully and personally liable for all the obligations of the business, is entitled to all profits and exercises complete managerial control.

Sole proprietorship

Provides names and contact information for potential candidates in the active (looking for work) and passive (not looking for work) markets.

Sourcing

Number of EE's one manager directly supervises. Increased complexity necessitates lower number, and vice-versa

Span of Control

Tool is used to determine the numbers and types of jobs forecasted in the organization's strategic plan.

Staffing Needs Analysis

Collect data, Identify gaps, Analyze options, Select/implement solutions, evaluate results.

Staffing Needs Analysis: Steps

Stages/Symptoms of what? 1. Arousal 2. Resistance 3. Exhaustion

Stages and Symptoms of Stress - Hans Seyle (1999)

Stage/symptom of Stress: Physical: Teeth Grinding, Insomnia - Emotional: Irritability, Anxiety - Mental: Forgetfullness, Inability to concentrate

Stages and Symptoms of Stress: Arousal

Stage/symptom of Stress: Physical: Headaches, Chronic fatigue, Indigestion, Intestinal problems - Emotional: Chronic depression, Hostility, Isolation - Mental: Disorganization, Poor Judgment, Disillusionment

Stages and Symptoms of Stress: Exhaustion

Stage/symptom of Stress: Physical: Fatigue - Emotional: Mood swings, Social withdrawal, Resentment, Indifference, Defiance - Mental: Procrastination, Indecision

Stages and Symptoms of Stress: Resistance

1. Brief description of the organization 2. Overview / Project Summary 3. Administrative details about the process 4. Clear, complete and detailed project description 5. Name of a contact for questions

Standard RFP format

1. Executive summary 2. Vendor qualifications 3. Project management plan 4. Project team 5. Roles and responsibilities 6. Delivery schedule 7. Pricing information

Standard RFP proposal formats (from vendors)

Org leaders struggle to obtain funding to survive, little time for training EE's are fully qualified and underpaid. Outsourcing functions is cost effective. Few layers of management, EE's work closely with founders and leaders.

Startup

Agencies that provide employee screening, testing, and referral at no cost to the employer

State (public) employment agencies

Safety and health policies and procedures that states have adopted and that have been approved by OSHA

State plans

Provides information about the money that flowed through the business during the accounting period.

Statement of Cash Flows

Social Security, Medicare, Federal Income Tax, State Income Tax, Unemployment Insurance (some states), Disability Insurance (in some states), Other state and local taxes.

Statutory Deductions

At-will cannot be used for terminating employees for discriminatory reasons.

Statutory exceptions

1. settlement between parties. 2. OSHA has authority for backpack/restatement 3. Company officials found guilty, criminal penalities =10yrs.

Steps OSHA takes

1. Needs assessment 2. Develop the RFP 3. Proposal Solicitation 4. Evaluate the Proposal 5. Select a Vendor 6. Negotiate the Contract 7. Execute the Agreement 8. Evaluate the Project

Steps to an RFP

1. MOC presents bill. 2. Committee studies it kills it or move it on. 3. hearings conducted to hear from representatives, SME's and citizens. 4. Subcommittee marks up the bill. 5. Committee votes to report a bill, put on legislative calendar. 6. MOC's comment and may offer amendments. 7. Vote. 8. Passes, goes to other body. 9. conference committee reconciles differneces in body's bills. 12. President receives the bill. sign it, veto it, or fail to sign.

Steps to becoming a law

Steps in what process? 1. Describe the objective 2. Define the current situation 3. Conduct a gap analysis 4. Set Priorities 5. Investigate and develop options 6. Evaluate options 7. Recommend solutions

Steps to needs assessment

1.) Clearly define the services required and service expectations 2.) Responsibilities of both parties.

Steps to outsourcing

Right to purchase an employers stock at a certain price (strike price) at a future date within a specific period of time. Common to find stock prices vesting over a three or five year period. Valuable only if the stock price goes up.

Stock Option

Often linked to implement changes made to the vision, mission, and values of the organization during a strategic planning process as discussed in chapter 3.

Strategic Interventions

Processes and activities used to formulate organizational (or HR, or other division) objectives, practices, and policies

Strategic Management

Systematic process that helps an organization focus on how to succeed in the future by evaluating the organization's current status, where it would like to be, and how to get there

Strategic Planning

Relationships that advance the contribution of the HR function.

Strategic Relationships

Process an organization uses to analyze its current base of employees and determine steps it must take to prepare for future skill and labor needs. Based on the following; workforce goals and objectives, job analysis and description that identifies the KSAs needed to meet the future needs, Identification of qualified employees beginning with the organization's current workforce demographics, and translating the goals and objectives into tactical staffing plans.

Strategic Workforce Planning

Provides the direction and uses the strengths of a business to its competitive advantage in the marketplace.

Strategy

Defines the corporate goals at the business unit and functional levels, this stage where most short-range goals are developed.

Strategy Implementation

What results in these eventualities? Illnesses: allergies, heart disease, panic attacks. Increased turnover, morale, tardiness and absenteeism, reduced productivity, poor product quality, and increased accidents.

Stress Results

Stress reduction method: Employee reognition programs, career development, culture that values EE's, and employer actions consistent with the organizations stated values.

Stress reduction method: Organizational Change

Stress reduction method: Include training for EE's,work-life balance, exercise, building a support network.

Stress reduction method: Stress Management Programs

Occurs when the union decides to stop working.

Strikes

Strike term: Asking an ER to not do business with another ER. Can be because the other ER's goods/services are done by strikebreakers. Unlawful.

Strikes: Hot Cargo

Strike term: EEs strike and stay in the building, unlawful.

Strikes: Sit-down

Strike term: Strike that occurs in violation of a clause prohibiting strikes.

Strikes: Wildcat Strike

Strike term: Considered an unlawful strike, may result in disciplinary action and termination.

Strikes: Work Slow Down

An appraisal system whereby managerial employees are evaluated by their subordinates.

Subordinate appraisal

1. Support for substance abuse policy 2. Written Policy 3. Training 4. Education 5. EAP 6. Ongoing and fair drug testing policy

Substance Abuse Components of a good Plan

Identifies individuals within the organization who have the talent and ability to move into management and executive positions in one to five years. Once indentified, development plans are created.

Succession Plan

Process of systematically identifying, assessing, and developing leadership talent

Succession planning

A summary of modifications or changes made to an employee benefit plan that is not included in the summary plan description.

Summary material modifications

Providing training related to interactions with employees, employment law, policies and procedures.

Supervisory Training

Benefits paid to unemployed workers beyond required government unemployment benefits. Typically found in collective bargaining agreements. These are taxable payments from a fund which can be combined with state unemployment insurance benefits during periods of temporary layoff to provide a higher level of unemployment benefits during the term of layoff.

Supplemental unemployment benefits (SUB)

Global network that delivers products and services from raw materials to end customers through an engineered flow of information, physical distribution, and cash

Supply chain

Involving more than one country or having authority which transcends one country, i.e., the European Union is a supranational organization.

Supranational

Describes the ability of individuals and organizations to observe patterns and project how changes will impact them.

Systems Thinking

Acronym used by many labor management attorneys and consultants that covers most of the unfair labor practice pitfalls a supervisor can run into: Don't Threaten, Interrogate, Promise, or Spy

TIPS

Edwards Deming, 1940, Quality is defined by the consumer. Developed a 14 pt. plan that placed burden for quality on management because they can control it. Received well in Japan. Named quality prize after him.

TQM Leaders: Deming

Kaoru Ishikawa; provided a number of tools to the quality movement: Check Sheets, Histograms, Pareto Chart, Cause and Effect Diagram, Stratification, Scatter Charts, Process Control Charts,

TQM Leaders: Ishikawa

Joseph Juran, Quality defined by consumer, once needs are identified, should be translated into the language of the business in order to deliver a product that meets those needs.

TQM Leaders: Juran

TQM: Crosby's Four Absolutes of Quality: Once management clearly defined expectation, *these* could be measured and met.

TQM: Crosby's Four Absolutes of Quality: Conformance to Standards

TQM: Crosby's Four Absolutes of Quality: *This* is done when valuing Quality as the additional cost of not producing zero defect products the first time

TQM: Crosby's Four Absolutes of Quality: Measurement

TQM: Crosby's Four Absolutes of Quality: Zero Defects

TQM: Crosby's Four Absolutes of Quality: Performance Standards

TQM: Crosby's Four Absolutes of Quality: Do it right the first time

TQM: Crosby's Four Absolutes of Quality: Prevention

*He* was focused on management as the key factor in TQM, with strategic planning as the approach to quality. Four absolutes of quality: Conformance to requirements, Prevention, Performance Standards, Measurement.

TQM: Philip Crosby

Turnover and leave reasons, pay related. Compensation as a measure of operating expenses, Bene's/Ops

TR Measures

HR Expenses % of operating expenses, % of total revenue, Staff to HR, Expenses per EE,

Tactical Accountability Measures

Job Satisfaction, Organizational Commitment and Involvement, Training Cost per Employee, Cost per Hire, Turnover and Retention, Absenteeism and sick leave use/frequency, Grievance Rates, Terminations

Tactical Accountability Measures

describes what will be accomplished to achieve the strategy

Tactical Goals

Accession Rate (new EE's / Total EE's), Quality of Hire (Performance ratings of new EE's), Cost per Hire, Time to hire, Replacement Cost, Turnover Analysis.

Tactical Measures

Prohibits closed shops and allows union shops only with the consent of a majority of EEs. States can outlaw closed or union shops by passing "right to work" laws. If ERs bring in replacement workers, they may permanently replace union workers, unless the strike is in response to an unfair labor practice. Important feature is power granted to president to obtain an injunction to end a strike or lockout for an 80-day cooling off period if the strike "imperils the nation's national health or safety."

Taft-Hartley Act or Labor-Management Relations Act (LMRA)

A means of identifying current levels of skill as well as potential of individual employees. The ultimate goal of a talent assessment is to align the workforce with key business initiatives (KBI).

Talent Assessment

Way of viewing all the activities in those HR functions that attract and retain employees with the skills needed by the organization to move forward in the marketplace.

Talent Management

Significant change in employment status; hiring, firing, failing to promote, reassignment, decision resulting in benefit change. Supervisor does not need to make a explicit threat, it is implied per (Faragher v. City of Boca Raton).

Tangible Employment Action

Extent to which a job requires a "whole," identifiable unit of work

Task identity

Extent to which a job has a substantial impact on other people

Task significance

Involves processes performed in a single job category. More than one-person is the target for this type of training.

Task-level training

Reduced income tax rates and brackets. Made significant changes in employee benefit programs, especially retirement plans.

Tax Reform Act (1986)

All remuneration for services (including noncash benefits) that is taxable when paid

Taxable wages

Act that created tax-advantaged savings mechanisms

Taxpayer Relief Act (TRA)

The waiver of FMLA rights in a severance agreement is invalid. FMLA clearly states that "employees cannot waive, nor may employers induce employees to waive, any rights under the FMLA"

Taylor v Progress Energy (2007)

Build relationships within the team to communicate expectations and to involve team members in developing creative and effective ways of accomplishing their goals. Goal, to put team members in unusual situations that require them to rely on each other to solve a problem. Games aren't sticky, MBTI or Keirsey Temperament Sorter are used, others roleplaying actual work situations.

Team Building

Address issues of how work gets done, by examining the level of employee involvement and redesigning work processes. Total Quality Management (TQM) and Six Sigma are examples of Techno-Structural Interventions.

Techno-Structural Interventions

IT can play a role, with databases and other knowledge sharing among employees.

Technology Solutions

2000, NLRB reversed its previous decisions and decided to include a temp worker unit, because they shared schedules, wages, and working conditions. Not considered a multi-employer unit needing the consent of both employers.

Temporary Workers

Chemicals, which have no effect on pregnant women, but affect their unborn children. Automobile v. Johnson Controls; says parents should be informed and make their own decisions regarding their babies.

Teratogens

Use of force or violence against persons or property in violation of the criminal laws of the United States for purposes of intimidation, coercion, or ransom

Terrorism

An individual's right to privacy, as it relates to information regarding test results, providing for informed consent of how test results are used.

Test security

The plaintiff has the burden of establishing a prima facie case of discrimination, and if the defendant can articulate a legitimate nondiscriminatory reason for the conduct then the burden falls back to the plaintiff to prove by a preponderance of the evidence that the reasons put forth by the defendant were just a pretext for discrimination

Texas Department of Community Affairs v. Burdine (1981)

Thomas Cummings and Christopher Worley identify four categories of interventions: Strategic, techno-structural, human processes, and human resource management.

Text: Organizational Development and Change

Peter Senge 1990, identifies five disciplines, guiding principles, that enable learning organizations; Systems Thinking, Personal Mastery, Mental Models, Building a Shared Vision, Team Learning.

The Fifth Discipline - (Learning Org's.)

Unique, written agreements designed to encourage, assist, and recognize partner efforts to eliminate serious hazards and achieve model workplace safety and health practices. Each agreement establishes specific goals, strategies, and performance measures to improve worker safety and health. Not eligible for exemptions, but can get special enforcement provisions as outlined in the agreement, if OSHA verifies partner is following agreement.

OSHA: Cooperative Programs: OSHA Strategic Partnership Program (OSPP)

Recognizes small, high hazard ERs who request consultation, correct violations, develop an ongoing safety program, operate an exemplary safety and health management system, and must agree to ask for a free consultation when processes change. Exempts them from inspections.

OSHA: Cooperative Programs: Safety and Health Achievement Recognition Program (SHARP)

Open to employers with tough, established safety programs and injury/illness rates below BLS average for their industry. Involves rigorous onsite evaluation. Exempts them from inspections.

OSHA: Cooperative Programs: Voluntary Protection Program (VPP)

Injury that results from a work-related accident or exposure involving a single incident in the work environment

Occupational injury

Used to define the periods of time during which an employee is totally and completely relieved of any and all job duties and is free to attend to his or her own personal activities.

Off-duty hours

Division of the Employment Standards Administration in the DOL responsible for enforcing three statutes for federal contractors and subcontractors: Executive Order No. 11246, the Rehabilitation Act, and the Vietnam Era Veterans' Readjustment Assistance Act. *This* organization enforces the three laws through the use of compliance reviews, complaint investigations, administrative procedures, and judicial procedures.

Office of Federal Contract Compliance (OFCCP)

Moving production and service processes to other countries to realize savings.

Offshoring

Results in a workforce reduction or transfer of EE's to new jobs. When EE's are acquired they are terminated from the old co. and hired on by the new one.

Offshoring/outsourcing

OWBPA amended the ADEA prohibiting all employers from age discrimination in employee benefits programs by either providing equal benefits for older and younger workers or by spending an equal amount on benefits for both groups. It also provides specifications on the requirements for ADEA waivers.

Older Workers Benefit Protection Act (OWBPA) of 1990

An impartial person, who speaks to both parties and suggests alternative solutions. Internal or external to company.

Ombudsman or Ombuds or Ombudsperson

USSC: Joseph Oncale was worker on oil rig with 8-man crew. Subjected to sex-related, humiliating actions by co-workers. Sued under Title VII for sexual harassment. Supreme Court agreed that Title VII bars all forms of discrimination "because of sex." Includes same-sex harassment.

Oncale v Sundowner Offshore Services (1998)

A management strategy emphasizing employee empowerment by making the organization's financial data available to all employees. The goal of this type of management program is to make employees view themselves as more of a business partner and increase their awareness of how their actions and decisions affect the organization's bottom line.

Open-book management

Activities neccesary to produce the goods or services

Operations

How people feel about an organization based on observable practices and employee perceptions. Strongly influenced by organizational structure. Management style of leaders also has significant influence over its climate. Are employees encouraged to take risks or punished for doing so. How are employees held accountable. Are there opportunities for growth, built on how leaders manage and interact with employees.

Org. Climate

Based on values and beliefs shared at all levels of the organization as well as with customers and vendors. Culture includes the workplace atmosphere and the way newcomers are integrated into "how we do things around here."

Org. Culture

Startup, Growth, Maturity, Decline

Organization Life Cycles

Defined by quantitative description (climate) and qualitative one (culture).

Organizational Climate/Culture

Pay based on merit or seniority, how compensation is divided between base, variable, equity, and benefits. Component allocation in TR package.

Organizational Cultural Influences

Shared attitudes and perceptions in an organization

Organizational Culture

Systematic way of examining an organization's technology, processes, structure, and human resources, and developing action strategies to enhance the effectiveness of the organization and the well-being of its members through planned interventions

Organizational Development (OD)

Designed to provide a framework that keeps information flowing to the functions and employees who need it to keep the organization moving forward. The most common are functional, product-based, geographical, divisional, and matrix.

Organizational Structures

Organizational Structure: Groupings are are based on multiple criteria, such as geography, market, and/or industry. Characterized by decentralized decision making.

Organizational Structures: Divisional Structure

Organizational Structure: Organizational structure that defines departments by what services they contribute to the organization's overall mission. Traditional pyramid, hierarchial, communication moves from the top down. More formal and rigid, and appropriate for businesses with a single product line where specialization is an advantage. Typically very centralized.

Organizational Structures: Functional Structures

Organizational Structure: Executives in regional areas are responsible for all the business functions in their assigned region. Makes the most sense when there are common requirements in the region that are different from the requirements in other regions. These structures are decentralized, with most decisions made at the local level.

Organizational Structures: Geographic Structure

Organizational Structure: Employees report to two managers, generally one for a product line and the other for functional responsibility (eg, Marketing, Accounting). Advantageous because it encourages communication and cooperation. Must have a high level of trust and communication from employees at all levels.

Organizational Structures: Matrix Structure

Organizational Structure: Customer Oriented Structure, organized by product line, appropriate when the company has well-defined product lines that are clearly separate from each other. Each product line reports to the CEO.

Organizational Structures: Product Based Structure

Organizational Structure: Tradtional hierarchies do not exist. Horizontal organization connected by networks instead of boundaries. The purpose is to enhance creativity and communication.

Organizational Structures: Seamless Organization

Part of an affirmative action plan that provides a graphical presentation of the organizational units, including their interrelationships

Organizational display

Process of managing the way people leave an organization

Organizational exit

Presentation of data to stimulate discussion of problem areas, generate potential solutions, and stimulate motivation for change

Organizational feedback

Certain types of learning activities or processes that may occur at any one of several levels in an organization

Organizational learning

A depiction of the staffing pattern within an establishment. It is one method contractors use to determine whether barriers to equal employment opportunity exist in their organizations. It provides an overview of the workforce at the establishment that may assist in identifying organizational units where women or minorities are underrepresented or concentrated.

Organizational profile

Any discrete component of an organization in which there is a level of supervision responsible and accountable for the selection, compensation, etc., of employees within the unit

Organizational unit

What process do these steps compose? 1. Authorization Cards 2. Demand for Recognition 3. Petition the NLRB 4. NLRB Conference/Preelection Hearing Issues

Organizing Process

Organizing Process step: Goal of a union is to obtain signed *these*. They are is the means by which the NLRB determines that there is sufficient support for a union to hold an election. NLRB will hold an election if 30% of the eligible EE's sign them. Generally they would like to have 50% signed (more the better).

Organizing Process: Authorization Cards

Organizing Process term: Group of employees a union wants to represent. Professionals must vote to be included, and guards cannot be included. To define them, the NLRB looks at communities of interest, how the ER administers its business, geography, processes they're involved in, cross-training or transfers, interest from EEs, and bargaining history.

Organizing Process: Bargaining Units

Organizing Process: Bargaining Units: Mutuality of interests among employees in bargaining for wages, hours, and working conditions.

Organizing Process: Bargaining Units: Community of interests

Organizing Process term: confidential employees, supervisors, and management personnel; also, independent contractors, and some agricultural workers.

Organizing Process: Bargaining Units: Exclusions

Organizing Process term: two or more employees in one employer location, employees in two or more locations, an industry association, the bargaining unit can consist of two or more employers in several locations.

Organizing Process: Bargaining Units: Inclusions

Organizing Process term: Employer agrees to recognize the union based on signed authorization cards.

Organizing Process: Card-Check Election

Organizing Process step: Union demands recognition, usually in the form of a letter. Could be done in person, showing they represent a majority of EE's and ask to be the exclusive bargaining agent for EE's. Also called authorization petitions.

Organizing Process: Demand for Recognition

Organizing Process step: When the NLRB is satisfied with the legitimacy of the petition, it schedules a conference with the ER and EE representatives. Reviews jurisdictional issues, bargaining units, eligibility of voters, and time and place of the election. If either party disputes issues a formal hearing is held by the NLRB.

Organizing Process: NLRB Conference/Preelection Hearing Issues

Organizing Process term: An employer agrees not to say or do anything in opposition to the union.

Organizing Process: Neutrality Agreement

Organizing Process step: If management refuses to grant voluntary recognition, the union files a petition for an election with the NLRB, along with evidence of EE interest.

Organizing Process: Petitioning the NLRB

Encompassing the entire organization or a single division or department. Training focused on preparing for future needs.

Orgnanizational-level training

Initial phase of employee training that covers job responsibilities and procedures, organizational goals and strategies, and company policies

Orientation

insurance for EE's in the event of an accident that results in death or loss of bodily function. Does not pay benefits in the event of death from an illness.

Other Health Benefits: Accidental Death and Dismemberment

Other Health Benefits: Often provided by employer at basic level with option to buy more. Note: The IRS views group life in excess of $50,000 as imputed income when premiums are paid by the employer (taxable income).

Other Health Benefits: Life Insurance

Replaces a portion of an employee's lost income after short-term disability coverage ends.

Other Health Benefits: Long-term Disability

Other Health Benefits: Most medical plans include some form of *this* coverage, and these plans are also offered seperately. Cost of plans is managed by controlling the amount of the required copayment and requiring the use of generics instead of named brands.

Other Health Benefits: Prescription

Replaces a portion of lost income for a specified period of time for employees who are ill or have nonwork-related injuries

Other Health Benefits: Short-term Disability

Other Health Benefits: One of the lowest cost benefit plans available.

Other Health Benefits: Vision

*These* types of veterans are those individuals who served on active duty in the U.S. military, ground, naval or air service during a war or in a campaign or expedition for which a campaign badge has been authorized.

Other eligible Veteran

Moves the entire function out of the organization to be handled by another company.

Oursourcing

Stated amount out of pocket the insured can pay for medical costs in a 12-month period before copayments end

Out-of-pocket maximum

A strategy used to evaluate and measure the results of an instructional method or program.

Outcomes assessment

Process by which a laid-off or terminated employee is counseled in the techniques of career self-appraisal and in securing a new job that is appropriate to his or her talents and needs

Outplacement

A method of keeping employees informed of company programs and services available to them by utilizing such things as postings, newsletters, memos or meetings.

Outreach programs

External Board Members. Paid meeting fees and retainers.

Outside Directors

Flexible staffing option in which an independent company with expertise in operating a specific function contracts with a company to assume full operational responsibility for the function

Outsourcing

ERs engage these organizations to utilize a staffing alternative whereby they form a joint-employment relationship with *This* type of organization, aka a leasing agency, that takes on the responsibility for various HR-related functions, such as labor law compliance, compensation and benefits administration, recordkeeping, payroll and employment taxes.

PEO Professional Employer Organization

Gives its owner the right to exclude others from making, using, or selling anything that embodies or uses an invention

Patent

New employees hired at rates higher than existing EEs. Challenging during high growth times when competition forces wage rates up. Also when compensation strategies are not in line with the market. To avoid, provide salary adjustments for the incumbent population.

Pay Compression

Defined 'Employment at Will'. "Either party may terminate the service, for any cause, good or bad, or without cause."

Payne v. The Western & Atlantic Railroad Company (1884)

1. Must accurately calculate payments that are due EE's 2. calc statutory and voluntary deductions 3. payroll tax payments owed to federal and state agencies 4. provide accurate reports of payroll to management 5. provide security for payroll information.

Payroll System

When a company needing help identifies specific people and refers them to a staffing firm, which employs them and assigns them to work at the company.

Payrolling

The study of how children learn. Education in which the teacher decides what will be taught and how it will be delivered.

Pedagogy

Reinstatement of the EE, back wages, refunds. Willful violators subject to prosectution and $1000 fine.

Penalties for violation

Set up by ERISA to ensure payment of benefits in the event that a private-sector defined benefit pension plan terminates with insufficient funds to pay the benefits

Pension Benefit Guaranty Corporation (PBGC)

Amends ERISA financial obligations for multiemployer pension plans; changes plan administration for deferred contribution plans

Pension Protection Act (2006)

Performance "Appraisal, Evaluation, Review", Important part of supervisory relationship, feedback to the employee, and documentation for employment actions. Measures the degree to which an employee accomplishes work requirements

Performance Appraisal

Ongoing process of giving feedback to employees about performance to develop them into increasingly productive contributors to the organization. Important manager and employee agree on the performance expectations.

Performance Management

Most often utilized to correct performance problems in highly technical and hazardous professions. Practice until a level of proficiency is mastered.

Performance Standards

The practice of monitoring employees while they perform their jobs through the use of surveillance cameras, telephone or computer monitoring.

Performance monitoring

Expectations of management translated into behaviors and results that employees can deliver

Performance standards

One unique element of executive pay are perqs. List is many and varied, usually non-cash. SEC requires disclosing perq's valued at $10,000 or more.

Perquisites

Pay systems in which employee characteristics, rather than the job, determine pay

Person-based pay

High level of expertise in an individuals chosen field, commitment to lifelong learning.

Personal Mastery

Required employers to provide information about all new or rehired employees to state agencies to enforce child support orders

Personal Responsibility and Work Opportunity Reconciliation Act (1996)

Requires EE'rs to report all new hires within 20 days of their hire date to the State Department of New Hires.

Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

Erosion of at-will employment, 1959, Petermann alleged he was terminated for refusing to commit perjury. 4 areas; Breaking the law, whistleblowers, employees participating public policy (i.e. government investigation), acting in accordance with legal statute (i.e. jury duty/workers comp). May not apply to all states?

Petermann v. International Brotherhood of Teamsters

Vehicle to reimburse EE's for stock moves without granting actual stock (ownership or equity) to EE's. EE'rs receive a tax deduction. EE's pay tax.

Phantom Stock

Offers employees the opportunity to gradually reduce the number of hours they work before they are fully retired

Phased retirement

When an employer is close to closing a deal to sell a company, WARN Act notice requirements are triggered by the number of employees actually employed and the number laid off on the date of the layoff, even if the purchasing company hires some of the employees shortly after the layoff

Phason v Meridian Rail (2007)

Rewards seniority, creates loyalty, pensions, stock options, and vacation accruals reinforce seniority.

Philosophy: Entitlement

Rewarding performance or behaviors that moves an organization closer to its goals.

Philosophy: Performance-based

Different than strikes, in that they are informing the public. Even in the public sector where strikes are prohibited by law, this can be used. 3 types: Common Situs, Consumer, Hot Cargo

Picketing

Picketing: Businesses often share locations, so because picketing can affect another business, signs must clearly state the business they are referring to and be located near the primary entrance to the place that's being picketed.

Picketing: Common Situs Picketing

Picketing: done to advise consumers that goods have been produced by a business whose workers are on strike. Product boycotts involving such activities as distributing handbills, carrying placards, and urging customers to refuse to purchase products from a particular retail or wholesale business

Picketing: Consumer Picketing

Picketing: picketing of these kinds of goods/services that are made/done by strikebreakers. Unlawful activity, prohibited.

Picketing: Hot Cargo

Human resource development programs offered initially in a controlled environment with a segment of the target audience

Pilot programs

Entity that estbalishes the plan. Single employer, labor organization, or multi-employer plan/group representing the parties that established the plan.

Plan Sponsor

Where are we now, Where do we want to be, how will we get there, how will we know when we arrive.

Planning Process Simple

Plant patents protect the invention of discovery of asexually reproduced varieties of plants for 20 years.

Plant Patents

Career state of employees who are no longer considered promotable

Plateaued career

*This* is when the President fails to sign and congress adjourns within 10 days, resulting in the bill not becoming law.

Pocket Veto

Broad statement that reflects an organization's philosophy, objectives, or standards concerning a particular set of management or employee activities

Policy

Fills corporate positions in the home country with expatriates, while management positions in the home country are filled by home country nationals. Benefits: goodwill, cost Disadvantages: Limited upward mobility of home office staff, could limit communication because of cultural differences.

Polycentric

Limited by Employee Polygraph Protection Act (EPPA), legal for federal, state, local governments, also federal contractors/subs, armored car EE's, pharmaceuticals. Test that measures respiration, blood pressure, and perspiration while person is asked a series of questions; outcome is a diagnostic opinion about honesty

Polygraph Tests

Group of persons or objects or a complete set of observations or measurements about which one wishes to draw conclusions

Population

A workforce planning tool that imposes certain rules or restrictions on the creation, and filling of positions as a means to manage and control the costs associated with any given position within the organization.

Position control

Traditional organization structures are built on a "command and control" model, HIO's grant decision making power down to the employees and hold them accountable.

Power

"

Predictive Validity

Medical conditions that existed before a health-care policy is taken out

Preexisting conditions

Act that prohibits discrimination on the basis of pregnancy, childbirth, or related conditions

Pregnancy Discrimination Act of 1978

EE gets paid as if they were working through trial.

Preliminary order of restatement

Providers determine premiums based on usage incurred by the group during the current coverage period. Costs are analyzed and adjusted based on the experience rating. Orgs use wellness programs to try to reduce costs.

Premium Calculation

The most basic type of Section 125 plan, *this* is a benefit plan that is designed to allow employees to elect to make premium contributions on either a pre-tax or post-tax basis. Considered to be the basic building block of 125 plans.

Premium only plan (POP)

Contingency planning for this can include modifying sick leave policies and utilizing alternative staffing methods.

Preparing for Pandemic

As related to international labor relations, a practice in which employees have a role in the management of a company that includes worker representatives with voting rights on the corporate board of directors

rmination

Interview type: Interview designed to probe areas of interest to interviewer in order to determine how well a job candidate meets the needs of the organization

Types of Interviews: Selection interview

Interview type: subjects candidates to an intimidating session, to see how they will react to stress in the position.

Types of Interviews: Stress Interviews

Interview type: List of questions prepared for all candidates. Also called a repetitive interview.

Types of Interviews: Structured Interviews

Interview type: Type of interview used in situations where the position relies heavily on team cooperation; supervisors, subordinates, and peers are usually part of the process

Types of Interviews: Team interview

1939, Federal Unemployment Tax Act (FUTA) moved taxing authority to IRS. FUTA tax rate is 6.2%, however, ERs who make their payments on time receive a 5.4% credit, making the tax rate .8%. Required by ERs who paid wages of $1500 or more in any calendar quarter or who employed 20 or more people in any 20 or more different weeks during the previous or current year.

UI: Taxes

ERs of farm workers are subject to FUTA if they paid $20,000 or more or if 10 or more farm workers were employed during some part of the day during any 20 week period during the previous or current year.

UI: Taxes: Farm ERs

Subject to FUTA if they pay $1000 or more per calendar quarter.

UI: Taxes: Household ERs

Governs patents, which allow the exclusive rights to the benefits of an invention for a defined period of time.

US Patent Act

Act that gives federal officials greater authority to take measures to combat terrorism

USA PATRIOT Act

Mandatory benefit program set up as part of the Social Security Act designed to provide employees with some income when they lose their jobs through no fault of their own. States have the responsibility for UI Administration. Eligibility for State Unemployment Insurance varies between states, as do SUI tax rates.

Unemployment Insurance (UI)

Deals with employment contracts that contain covenants not to compete after termination of employment relationship and with the use of secret, confidential, or proprietary information that the employee obtained while working for the former employer

Unfair competition

Creates the motivation for change by identifying and communicating the need for change. Important to create a vision for the outcome of the change and a sense of urgency.

Unfreezing

Fellow Servant Rule, Doctrine of Contributory Negligence, Voluntary Assumption of Risk

Unholy Trinity

EGESP, jointly developed by the EEOC and Civil Service Commission, OFCCP, and DOJ to assist EE'rs with requirements of Title VII. EGESP states any practice that has a adverse impact on a protected class is discriminatory, unless the tool is job-related and a valid predictor of success. 80/20 rule or 4/5ths rule. Selection rate for a protected class is less than 4/5ths that of the group with the highest selection rate.

Uniform Guidelines on Employee Selection Procedures

1994, All EE'rs required to comply, prevents discrimination based on military experience. Protects any service voluntary or involuntary.

Uniformed Services Employment and Reemployment Act (USERRA)

Act that protects employment, reemployment, and retention rights for persons who voluntarily or involuntarily serve or have served in the uniformed services

Uniformed Services Employment and Reemployment Rights Act (1994)

1. open, inclusive work environment 2. Clear communication about org goals and successes 3. Consistent, equitable application of org. policies, procedures, and work rules. 4. Established conflict resolution or complaint process 5. Disciplinary procedures that include an impartial, complete review of facts, particularly termination decisions.

Union Avoidance

Tactics that can be used during what? Internet, Home Visits, Inside Organizing, Salting, Meetings, Leafleting, Media, Picketing,

Union Campaign Tactics

Union Campaign Tactics: Done to truthfully advise the public that an employer is a union-free workplace.

Union Campaign Tactics: Informational Picketing or Publicity Picketing

Union Campaign Tactics: When the union wants to attract EE's to become members and authorize the union to represent them.

Union Campaign Tactics: Organizational Picketing

Union Campaign Tactics: Four types of this are: Organizational, recognitional, informational or publicity

Union Campaign Tactics: Picketing

These lead to what being prohibited? Another union has lawfully been recognized, representative election occurred in the past 12 months, representation petition is not filed within 30 days of the start of picketing.

Union Campaign Tactics: Picketing: Prohibited

Union Campaign Tactics: When the union wants the employer to recognize the union. NLRA places a limit of 30 days on *this*, after which a petition must be filed.

Union Campaign Tactics: Recognitional Picketing

Union Campaign Tactics: A union pays a person to apply for a job, with the intention of organizing the employer/workplace once hired.

Union Campaign Tactics: Salting

Removes authority of a bargaining representative in a non-right-to-work state to negotiate or enforce a union security clause. Requires 30% or more of the BU. Employers cannot be involved in this either.

Union Deauthorization

Means for employees to terminate union representation; removes union from its position as bargaining representative. EEs may petition the NLRB for decertification, requires 30% of the EEs' signatures. Management may not encourage decertification, or may result in EEs being required to continue representation.

Union Decertification

Unions may be required to agree to reinstatement of EE's it caused to be terminated or rejected from employment, refund excessive dues with interest to members, engage in collective bargaining process and sign agreement with EE'rs.

Union Remedies

Restrain and coerce employees, restrain or coerce employers, require ERs to discriminate, refuse to bargain in good faith, engage in prohibited strikes and boycotts, charge excessive fees, featherbedding, Organizational and recognitional picketing (sometimes lawful 3 instances when it is not 1. another union has been recognized 2. representative election has been held within the previous 12 months 3. when a representation petition is not filed within 30 days of the start of picketing.

Union ULP's

Reintegrating employees into their home-country operations following an international assignment. Addresses how their careers will be affected. Often includes a one-on-one debrief, assistance in managing the transition home, assistance with professional transition (career), and adding the person's knowledge base to the company's.

Unique Employee Needs; Repatriation

those that have an adverse impact on a protected class. Recruiting, Selection, Hiring, Compensation, Benefit, Training, other terms of employment.

Unlawful Employment Practices

Review and analysis of health care programs to determine cost control methods. Involves reviewing claims for potential utilization problems.

Utilization management

An alternative work schedule that allows employees to voluntarily agree to reduce their work time and pay.

V-time

Considers the characteristic being measured by a test and whether the test is measuring the characteristic accurately.

Validity

The burden of proof that a termination was not related to military service is on an employer when an employee protected by USERRA is laid off

Velazquez-Garcia v Horizon Lines of Puerto Rico (2007)

(Burlington Industries v. Ellerth) An employer may be held liable for actions of its employees. Related to respondeat superior (latin for "let the master answer") which basically says the same thing.

Vicarious Liability

VEVRA 1974, applies to federal contractors or subcontractors with contracts of $25,000 or more. Act requires contractors to list all job openings with state agencies, unless they are senior-level management positions, internally filled jobs, or positions lasting three days or less. State employment agencies are required to give vietnam-era veterans priority when filling these positions. Additional protections for vets with disabilities rated at 10,20,30 percent who are entitled to compensation from the Dept. of Veterans Affairs.

Vietnam Era Veterans Readjustment Assistance Act

Vivid, guiding image of an organization's desired future.

Vision Statement

Workers who took the job knew the dangers, the pay reflected the risk, EE'r had no responsibility when death or injury occurred.

Voluntary Assumption of Risk

health benefits, 401k, union dues, contributions to charities

Voluntary Deductions

Security risk factors

Vulnerabilities

Faltering Company (actively seeking funding that could keep the doors open), Unforeseeable business circumstance (unexpected loss of client), natural disaster.

WARN: Exemptions

These people/groups must all be notified of *what*? EEs or representatives (Union), chief elected official of local government, and the state dislocated worker unit. Reasons, permanent or temporary, address the affected unit, name of company contact, expected date of closure, bumping rights.

WARN: Who must be notified

global collaboration network.

WHO

A document signed by either an employee or prospective employee in which he or she renounces certain specified rights or considerations.

Waiver

Physical condition (accident or illness) that is caused, aggravated, precipitated, or accelerated by work activity or the work environment

Work-related disability

4/10 or 9/80, allowing EEs to work more hours in a day in exchange for part of a day off.

Work/Life Practices: Compressed workweeks.

EEs work the hours that enable them to take care of personal business. Many companies set "core" hours where you must be there, then let employees determine their best schedule.

Work/Life Practices: Flextime

Results when two part-time employees share one full-time job.

Work/Life Practices: Job Sharing

EE's and EE'rs voluntarily agree to reduce hours.

Work/Life Practices: Part-time Work

Working via computing and telecommunications equipment.

Work/Life Practices: Telecommuting

WARN requires employers (with 100 or more employees) that are planning a plant closing or a mass layoff to give affected employees at least 60 days' notice of such an employment action. While the 60-day period is the minimum for advance notice, this provision is not intended to discourage employers from voluntarily providing longer periods of advance notice. Not all plant closings and layoffs are subject to the Act. WARN sets out specific exemptions and provides for a reduction in the notification period in particular circumstances.

Worker Adjustment and Retraining Notification (WARN) Act of 1988

ER assumes responsibility for injuries, illnesses and death related to employment. Most cases ERs fund workers compensation by purchasing insurance. Premiums are based on a percentage of payroll in various job categories. Some states ERs may self-fund (nonsubscriber plans). Implementing safety training and injury prevention programs is one way to reduce job-related injury and illness and prevent claims. Cost of claims can also be reduced by having light-duty jobs available so EEs can return to work sooner.

Workers Compensation

Adding EE's creates it's own stress. Assimilation is tough, clashes of operating styles can create mistrust and reduce productivity.

Workforce Expansion

Adding to the workforce.

Workforce Expansion

DOL and Congress, job training program to improve worker skills, 3 goals: 1. Improve workforce quality, 2. Enhance national productivity and competitiveness, 3. Reduce reliance on welfare

Workforce Investment Act (WIA)

RIF's , decrease expenses by decreasing headcount. Often used for short-term improvements in net profits to meet earnings targets.

Workforce Reduction

Reducing the workforce.

Workforce Reduction

List of job titles ranked from lowest- to highest-paid within an organizational unit

Workforce analysis

Steps in what process? 1. Begin the investigation promptly 2. Determine whether an EE or third party investigator would be the most appropriate for the situation. Third parties should be used when HR is too close to the situation. 3.

Workplace Investigations

Balance concerns for security with EE's needs of privacy.

Workplace Privacy

Accident Prevention

Workplace Safety

EE'rs must be aware of EE's exhibiting signs of possible violence and take steps to prevent it. Training managers to recognize signs; change in work habits, decline in productivity, conflicts with co-workers, depression and refusing to take responsibility for individual actions. Company should have a plan to address EE's, in the case it arises.

Workplace Violence

Any fixed, recurring period of 168 hours (7 days times 24 hours = 168 hours).

Workweek

An employer terminates someone for a reason that is prohibited by statute or breaches of contract, i.e. a protected class, whistleblowing.

Wrongful Termination

Contracts that force employees to agree not to join a union or participate in any union activity as a condition of employment. Outlawed in 1932 in the Norris-LaGuardia Act.

Yellow-dog contracts

Ratios that can help quantify recruitment efforts

Yield ratios

Pay rates that are affected by when an employee works

Time-based differential pay

System in which pay is based on longevity in the job and pay increases occur on a predetermined schedule

Time-based step-rate pay

less at one time, harder to plan for raises, rate against other employees)

Timing of Performance Appraisals: Anniversary Dates

focal review, volume a challenge, easier to plan budgetarily and compare employees.

Timing of Performance Appraisals: Calendar

Strategic, integrated management system for achieving customer satisfaction that involves all managers and employees and uses quantitative methods to continuously improve an organization's processes.

Total Quality Management (TQM)

All forms of financial and nonfinancial returns that employees receive from their employers

Total Rewards

High-level mission statement used to guide the development and implementation of compensation and benefit programs that attract, motivate, and retain employees.

Total Rewards Philosophy

Price important to marketing, this is the price within HR.

Total Rewards Philosophy

Determining how resources will be used to best take advantage of attracting, motivating, and retaining employees.

Total Rewards Strategy

Agreements with several nations that coordinate the U.S. Social Security program with the comparable programs of other countries; avoids double taxation of income with respect to social security taxes. Also known as international social security agreements.

Totalization agreements

Workers who lose their jobs as a result of an increase in imported goods they can apply to become apart of WIA program. 3 or more workers as a group must submit an application to the DOL, which determines eligibility. Workers must have been laid off or had their hours and pay reduced by 20%, 2. EE'rs sales or production levels must have declined, 3. loss of jobs due to imports.

Trade Adjustment Assistance Program (TAA)

Act that provides federal protection for trademarks and service marks

Trademark Act

Readiness to learn, combining students' level of ability and motivation with their perceptions of the work environment

Trainability

What kind of materials are these? Leader Guide, Manuals, Handouts

Training Materials

Provides alternative work arrangements, such as temporary light or modified duty, for employees who have been absent from the workplace as a result of illness or injury and who have been released by their medical provider to return to work.

Transitional employment

EE'r who hires/commissions EE to create original works.

Work-For-Hire Exceptions

Most effective means for obtaining information from large groups of employees.

Employee Feedback: Surveys

To an operations department, the ability to yield output.

Capacity

Employee Surveys, Focus Groups, Skip-level interviews

Employee Feedback

EEO-1 must be filed on or before September 30 of each year using employment data from any pay period during July, August or September of that year. All EE'rs who meet the following criteria must complete the report; Private EE'rs subject to VII with 100 or more EE's except, state and local governments, primary and secondary schools, institutes of higher education, indian tribes, tax exempt private clubs.

Annual EEO Survey

When employers apply an unlawful standard that bars employees protected by the ADA from an application process, the employees do not need to prove there were otherwise qualified to perform the essential job functions. The employer must prove the standard is necessary to business operations. (Bates is deaf, UPS says can't hire him because he would have to pass a hearing exam to drive a truck - can't prove that hearing puts drivers at a higher risk, so can't use it against potential employee.)

Bates v United Parcel Service (2006)

Job description used to create dimensions that represent important requirements of the job. Anchor statements are created to represent varying levels of performance.

Behaviorally Anchored Rating Scale (BARS)

Jobs common to organizations regardless of size or industry. Set to a level within the organization and the salary structure is built from there.

Benchmark Positions

Continous feedback

Best form of feedback

Hardcopy manual for distribution to other employees.

Best-Practice Standards

Occurs when an appraiser's values, beliefs, or prejudices distort performance ratings.

Bias

diseases spread through food, or bodily fluids.

Biological Hazards

Benefits to coal miners diabled by pneumoconiosis, benefits paid to survivors if miner dies.

Black Lung Benefits Act (BLCA)

Six sigma: *These* employees work full-time on quality initiatives, coaching green belts.

Black belt

A workforce that is comprised of permanent full-time, part-time, temporary employees and independent contractors.

Blended workforce

A job ad that contains no identifying information about the employer placing the ad.

Blind ad

Microorganisms in human blood that can cause disease in humans.

Bloodborne Pathogens

Candidate Testing Programs: Coordination and manual dexterity.

Candidate Testing Programs: Pyschomotor

CBA: Common Clauses: EEs must give written authorization for automatic deduction of dues from their paychecks.

CBA: Common Clauses: Dues check-off

CBA: Common Clauses: Contract stipulation in which the union agrees not to strike, and company agrees not to lock out workers during a labor dispute for the life of the contract. Provides economic protection to both unions and management.

CBA: Common Clauses: No strike/lockout

CBA: Common Clauses: Provisions in a collective bargaining agreement designed to protect the institutional authority or survival of the union (e.g., making union membership or payment of dues compulsory for all or some of the employees in a bargaining unit). Examples: Union Shop, Agency Shop, Closed Shop, Maintenance of Membership

CBA: Common Clauses: Union Security Clause

CBA: Common Clauses: Union Security Clause: Clause that states that even if workers do not join the union, they must still pay the equivalent of dues to the union.

CBA: Common Clauses: Union Security Clause: Agency Shop

CBA: Common Clauses: Union Security Clause: Clause that states that union membership is a condition of hiring; is illegal (except in the construction industry).

CBA: Common Clauses: Union Security Clause: Closed Shop

CBA: Common Clauses: Union Security Clause: Allows EEs to choose to join union, but if they join, must remain until the end of the contract.

CBA: Common Clauses: Union Security Clause: Maintenance of membership

CBA: Common Clauses: Union Security Clause: Clause that states that when workers take jobs in a specific bargaining unit, they must join the union and pay union dues within a certain period of time (usually within 30 days, or 7 days in construction).

CBA: Common Clauses: Union Security Clause: Union Shop

CBA: Common Clauses: Contract stipulation in which both parties waive the right to demand bargaining on any matter not dealt with in the contract, whether or not that matter was contemplated when the contract was negotiated or signed.

CBA: Common Clauses: Zipper

CBA Term: Follows guidelines in CBA, usually successive levels of management by the union rep, or the EE with union representation. Binding arbitration is used to resolve disputes. Compulsory arbitration is mandated by legal statute in the public sector where labor strikes are prohibited.

CBA: Contract Enforcement

Candidate Testing Programs: Measures of applicants' propensity toward undesirable behaviors such as lying, stealing, taking drugs, or abusing alcohol.

Candidate Testing Programs: Integrity Tests/Honesty Tests

Candidate Testing Programs: Tests that measure person's social interaction skills and patterns of behavior

Candidate Testing Programs: Personality Tests

Small group (normally six to twelve) invited to actively participate in a structured discussion with a facilitator.

Employee Feedback: Focus Groups

Practice in union-free organizations of encouraging managers to spend time with each employee two levels below them on an annual basis

Employee Feedback: Skip-level Interviews

Based on the analysis, solutions are created and implemented.

DMAIC: Improve

Once the process is defined, data about defects and other measures is collected and then compared to the original parameters to identify underperformance.

DMAIC: Measure

A daily log of job tasks being performed by individual employees over a certain period of time. Used often as a form of job analysis.

Daily work records

Arbitration clauses in employment agreements will not be enforced if they are significantly favorable to the employer and the employee does not have a meaningful opportunity to reject the agreement

Davis v O'Melveny & Myers (2007)

Any benefit, property or service provided to an employee that has so little value (taking into account how frequently similar benefits are provided to employees) that accounting for it would be unreasonable or administratively impracticable. Cash, no matter how little, is never excludable as a de minimis benefit, except for occasional meal money or transportation fare.

De minimis rule

An organizational restructuring strategy meant to reduce the organization's existing levels of managers or supervisors.

De-layering

An order declaring a contractor ineligible for the award of future contracts or cancellation of current contracts. Debarment is one of the sanctions that can be imposed on a contractor found to be in violation of Executive Order 11246, Section 503 of the Rehabilitation Act or Section 4212 of the Vietnam Era Veterans' Readjustment Assistance Act.

Debarment

Two methods for Calcs, 1. 25% of disposable earnings 2. Federal minimum wage x 30 (7.75x30=217.50) that total is subtracted from disposable earnings. The lesser of the two is used and any disposable earnings exceeding that amount must be sent to the recipient.

Debt Garnishment Calculations

Decision-making authority is delegated to lower levels.

Decentralized Organization

Inefficiency and bureaucracy, products may be outdated or unable to compete, downward sales trend, need to innovate.

Decline

Initial amount of covered medical expenses an individual must pay before receiving paid benefits under a health-care plan

Deductible

Involves applying specific premises to a given situation to develop certain predictions about or understanding of the situation

Deductive reasoning

Injuring someone's reputation by making a false and malicious statement; may be spoken (slander) or written (libel). In HR context, prevents them from obtaining employment or other benefits. Receiving written authorization before giving information can protect you from defamation.

Defamation

ERISA: HIPAA: Patient information must be kept private. Directed at covered entities (health plans, providers, clearinghouses), but there are implications for ERs. Change forms. Flexible Spending Accounts are exempt from HIPAA, as they are considered group health plans for privacy reasons. ERs who sponsor FSAs must comply with the privacy requirements. Self-insured ERs must create their own privacy policies, appoint a privacy official, and train EEs to handle information appropriately. EEs can seek help from HR, must provide authorization to release information to the HR department.

ERISA: HIPAA: Proctected Health Information (PHI)

ERISA: Participants may request a report of total benefits accrued on their behalf along with the nonforfeitable benefit. If there are no nonforfeitable amounts accrued at the time the report is requested, the earliest date that benefits will become nonforfeitable must be provided. Participants are entitled to receive the report no more than once per year.

ERISA: Participant Benefit Rights Report

ERISA: Maintained for 6 years from filing date. Annual reports must be filed within 210 days after the end of the plan year. DOL can reject reports. Rejected reports must be submitted within 45 days.

ERISA: Recordkeeping

ERISA: Provides plan participants with information about the provisions, policies, and rules established by the plan and advises them of actions they can take with the plan. Contact information of sponsors, and collective bargaining agreements. Describe financial source of the plan and name or organization providing benefits. How records are kept. A new SPD must be prepared every 5 years unless no changes have occurred. Every 10 years a new SPD must be distributed to participants whether or not changes have occurred.

ERISA: Summary Plan Description (SPD)

ERISA: Process by which a retirement benefit becomes nonforfeitable; specifically regarding funds contributed by the ER.

ERISA: Vesting

ERISA: Vesting: Participants become 100% vested after a specified amount of time. ERISA maximum is 5 years.

ERISA: Vesting: Cliff Vesting

ERISA: Vesting: Establishes a vesting schedule, where a percentage of the ER's contribution becomes the EE's, must allow for 20% vesting after 3 years, and 20% after that for a maximum of 7 years.

ERISA: Vesting: Graded Vesting

Act that makes it unlawful to intercept messages in transmission, access stored information on electronic communication services, or disclose this information.

Electronic Communications Privacy Act (ECPA)

Elemnts of what? Supervisor assessment, Employee self-assessment, Peers' assessment, goal setting, Development goals

Elements of Performance Appraisals

Describes how the organization will respond to different emergency situations. The OSHA Emergency Action Plan will be a part of the ERP.

Emergency Response Plan

Describes how people deal with their feelings and how they perceive and interact with others. Intervention seeks to improve the individual interactions and increase individual effectiveness.

Emotional Intelligence (EI or EQ)

EAP, low cost benefit providing a resource for EE's with problems that are not work related and cannot be solved within a work context. Company-sponsored programs that deliver a variety of health-related services, which are provided by licensed professionals or organizations and offer employees a high degree of confidentiality

Employee Assistance Program

Employee Surveys, Interviews, Employee Focus Groups

Employee Attitude Assessment: Methods for Collecting Data

Amendment to the Portal-to-Portal Act; clarifies that commuting time is not paid working time

Employee Commuting Flexibility Act (1996)

Provides space for additional degrees and longer employment histories.

Employment Applications: Long-form

1-5 pages, used for minimal skill requirements and EE's transferring or promotions.

Employment Applications: Short Form

Weighted applications help with screening, reducing biases.

Employment Applications: Weighted Application

Designed to gather specific information related to the position or profession.

Employment ApplicationsJob Specific

Process of positioning an organization as an "employer of choice" in the labor market

Employment branding

Conducted annually as part of the Department of Labor's National Compensation Survey program, the Employment Cost Index measures the relative changes in wages, benefits and bonuses for a specific group of occupations.

Employment cost index

The grounds on which a lawsuit is based, such as wrongful discharge, negligence or invasion of privacy

Employment torts

Best qualified person in each seat regardless of their origin.

Geocentric

Amendment to Title VII, established a commission to see if a glass ceiling existed and to identify barriers. Identified Societal Barriers, Internal Structural Barriers, Governmental Barriers

Glass Ceiling Act

Glass Ceiling Act, type of barriers: Inconsistent enforcement of equal opportunity legislation and poor collection and dissemination of statistics that illustrate the problem.

Glass Ceiling Act: Governmental Barriers

Glass Ceiling Act, type of barriers: Corporate practices, outreach and recruitment, organizational cultures restricting participation in mentoring, training, career development assignments.

Glass Ceiling Act: Internal Structural Barriers

Glass Ceiling Act, type of barriers: Limited access to educational opportunities and biases related to gender, race, and ethnicity.

Glass Ceiling Act: Societal Barriers

Strong but invisible career barrier that sometimes exists for minorities and women

Glass ceiling

1. Rate of Pay. 2. Offer letters compliance with foreign and US law. 3. Foreign tax implications. 4. Startup considerations. 5. day-to-day support. 6. tax filings.

Global Considerations

OSHA is US specific, World Health Organization (WHO) and International Labour Organization (ILO) have established programs. Understanding global risk;

Global Considerations

Tax considerations. Unionization, Expats receive a pay diff based on cost of living,

Global Considerations

What kind of considerations are these? 1. Does the host country restrict the number of expatriates 2. How does the legal system view handbooks 3. Does the legal system recognize at-will employment? 4. What is the plan for repatriation after an international assignment.

Global Considerations

describes the direction the business will take and what it will achieve. Set at the corporate and business unit level.

Goal

The term used to describe individuals such as scientists, engineers and other highly skilled employees who are in high demand and short supply.

Gold-collar employee

System of overlapping short- and long-term incentives to make it less likely that key employees will leave a company.

Golden Handcuffs

most often used when a CEO takes a position of high-risk termination, incentive to retire early (payment up front?)

Golden Handshake

Offered to Executives of a company being acquired to ensure they remain with the new firm.

Golden Life Jacket

Clauses written into executive contracts that provide special payments to key executives who might lose their position or be otherwise disadvantaged if another company took control of the organization through a merger or acquisition; also known as parachutes.

Golden Parachute

Candidates are given a number of problems that would typically be handled by an employee in the position. Evaluated on appropriateness of their decisions as well as the length of time it takes for them to complete the test.

In-Box Test

Offered only to EE's , do not face taxes at the time the stock option is exercised, only when sold at a later date. When sold they are subject to the capital gains tax.

Incentive Stock Options

Indicates the number of workplace injuries/illnesses and the number of lost work days per 100 employees.

Incidence rate

Profit and Loss Statement provides information about the financial results during the reporting period. How much revenue was produced, how much it cost to produce goods and services, what expenses were, and what the profit or loss was.

Income Statement

Form of compensation commonly referred to as benefits. Fringe benefits; vacation, sick and holiday pay; insurance premiums paid on behalf of employees, leaves of absence, 401(k), pension plans, government mandated benefits like social security and FMLA.

Indirect Compensation

Involves looking at a set of observations and designing a rule that characterizes or explains a pattern underlying the observations

Inductive reasoning

As related to international labor relations, where employees have legally mandated rights to participate in management decisions by such methods as joint labor-management committees, work teams, quality circles, employee task forces, etc.

Industrial democracy

*This* is a statement from the U.S. Department of Labor (DOL) that a particular position at a particular company is "open" because no U.S. workers who satisfy the minimum requirements for the job are available.

Labor certification

Ability of an individual to influence a group or another individual toward the achievement of goals and results.

Leadership

Research on this started in the early 20th century. Thomas Carlyle suggested you were born with it. Researchers identifying traits couldn't settle on the same one, and followers exhibited the same qualities. Didn't account for different situations and methods. Faulty logic, and eventually turned to behavioral, situational, and contingency theories.

Leadership Concepts

Leadership concept: In the 1940's, these "types" of theories centered on the idea that leadership could be taught. Research focused on 1. structuring jobs, rules and guidelines 2. Considerations of employees (Theory x/y) etc. Faults were situational analysis.

Leadership Concepts: Behavioral Theories

Leadership Theory: This addresses some of the concerns with situational theories. It begins with assessment of the leader's style. Least preferred co-worker (LPC) rates the person, ends up with a score. Task vs. People concern. Then addresses when a leader would have a better chance of success. Situations evaluated on three metrics: Leader-member relations, Task Structure, Position Power.

Leadership Concepts: Contingency Theories: Fiedler's Contingency Theory

Leadership concept: Effective leadership was broken into specific possible scenarios, with 3 version dominating: 1. Blake-Mouton Managerial Grid 2. Path-goal Theory 3. Hershey-Blanchard Theory. Criticized for being two dimensional, and not allowing for multi-faceted situations that occur in the real world of business. Do not account for culture differences.

Leadership Concepts: Situational Theories

Leadership concept: Concern for people on one axis, and concern for production on the other. Nine levels to measure each axis. Maximum concern for both (score of 9,9) made the most effective leaders.

Leadership Concepts: Situational Theories: Blake-Mouton (1968) Managerial Grid

Leadership Theory: Leadership described in terms of maturity of the followers. Pyschological maturity (motivation) and job task maturity (level of experience). 4 Leadership styles: Telling, Selling, Participating, Delegating.

Leadership Concepts: Situational Theories: Hershey-Blanchard Theory (Hershey and Blanchard, 1977)

First federal legislation to regulate minimum wages. Construction contractors and subcontractors pay at least the prevailing wage for the local area in which they are operating if they receive federal funds. Affects ERs with contracts of $2,000 or more.

Legislation: Davis Bacon Act (1931)

1965, "McNamara-O'Hara Service Contract Act of 1965" (SCA) federal service contractors with contracts of $2500 required to pay local prevailing wage and fringe benefits, provide safe working conditions, and notify employees of the minimum allowable wage for each classification. SCA expanded requirements of previous legislation to contractors providing services to the federal government.

Legislation: Service Contract Act

1936, Government contractors with contracts exceeding $10,000 (all work) must pay prevailing wage for their local area.

Legislation: Walsh Healy Public Contracts Act

Money owed by the business to others, such as lenders or the government, or to employees. It can result from an agreement or a contract or can be created through a tort.

Liability

A process that begins with an identifiable work need, and then continues through a sourcing and search strategy, then progresses to a pre-qualification and assessment strategy, and concludes with hire. The cycle repeats itself again with next vacancy.

Life cycle recruitment

Maximum dollar amount of covered medical expenses that a health-care plan will pay on behalf of any covered person during that person's lifetime

Lifetime maximum benefit

Work groups that conduct the major business of an organization. i.e., Operations and sales.

Line Functions / Line Units

HMO, PPO, POSs, EPOs, PHOs, FFSs

Medical Insurance Types

Medical Insurance Types: Type of health-care plan in which the physician is paid on a per capita (per head) basis rather than for actual treatment provided.

Medical Insurance Types: Capitated health-care plan

Medical Insurance Type: A network includes a hospital, and participating physicians may only see patients who are part of the plan, and patients only see those Doctors, or no payment will be made.

Medical Insurance Types: Exclusive Provider Organizations (EPOs)

Medical Insurance Type: Full-choice health-care plan that allows covered employees to go to any qualified physician or hospital, pay for services, and then submit claims to the insurance company; also known as indemnity health-care plan.

Medical Insurance Types: Fee-for-service plans (FFSs)

Medical Insurance Type: Managed care plan focusing on preventative care, utilizes a gatekeeper, primary care physician (PCP) to determine whether patients need to be seen by a specialist. Provides services for a fixed period on a prepaid basis.

Medical Insurance Types: Health Maintenance Organization (HMO)

Medical Insurance Type: Physicians join a hospital and togther rely on plan structure to develop and market their services. This plan type is unique in that it contracts directly with employer organizations to provide services. Consist of hospital and physician practices that merge into vertically integrated structures

Medical Insurance Types: Physician Hospital Organizations (PHO)

Medical Insurance Type: Combination of a PPO and an HMO; provides direct access to specialists. Includes network physicians, but allows referrals outside of the network. EE selects a PCP, PCP refers to specialists within the network when needed, but EE's can see specialists outside of the network. Submit reimbursements, usually paying a higher percentage.

Medical Insurance Types: Point of Service Plans (POSs)

Medical Insurance Type: Uses a network of providers for patient services and does not require a gatekeeper. EEs pay copays and the difference between fees negotiated by the plan and those charged by the physician.

Medical Insurance Types: Preferred Provider Organization (PPO)

A savings account funded by employees through pretax contributions; can be used to pay for copayments, deductibles or medical expenses not covered by a health insurance benefit plan. Typically associated w/ small employers or the self-employed, whereas HSAs are open to all who have a HDHP. MSA can be contributed to by either EE or ER, but not both in a given year. HSA can receive from both in a given year. Both MSA and HSA can carry-over into next year, which FSA cannot. New MSAs have been discontinued since 2007, but old ones are grandfathered.

Medical savings account (MSA)

Social Security Administration program that provides medical care for people after age 65. Distinct parts: 1)Part A is for hospital costs; 2) Part B requires a monthly fee and is for medical costs for people 65 years of age and older, some disabled people under 65 years of age and people with end-stage renal disease (permanent kidney failure treated with dialysis or a transplant). 3) Part 3 is when beneficiary gets private coverage in lieu of parts A and B. 4) Part D is for prescription drug coverage, private but approved by Medicare.

Medicare

Health plan where benefits are reduced for employees eligible for Medicare; Medicare becomes the primary provider

Medicare carve-out

Health plan that covers specific expenses not covered by Medicare

Medicare supplement

Nonqualified Deferred Compensation: Nonqualified deferred compensation plans that provide benefits to selected management or highly compensated employees beyond Section 401 or 415 limitations. Contributions are made to reduce the impact of discrimination testing on HCEs by making up the difference between what the executive could have contributed and what was allowed because of the qualified plan. The American Jobs Creation Act created section 409A of the IRS Code that allows a deferral to escape taxation, if subject to subtantial risk of forfeiture and follow limited deferral and distribution rules.

Nonqualified Deferred Compensation: Excess Deferral Plans

Nonqualified Deferred Compensation: Funds are unsecured and subject to claims by creditors. Benefits are taxable as ordinary income at the time they are paid. Designed to segregate nonqualified deferred compensation benefits from an employer's general accounts.

Nonqualified Deferred Compensation: Grantor or Rabbi Trusts

Used for anyone, organization receives a tax deduction when they are execised, EE's pay a tax on any gain from the sale.

Nonqualified Options

One in which the benefits exceed the limitations of qualified plans or do not meet other IRS requirements for favorable tax treatment. These plans are not required to include all EE's.

Nonqualified Plan

Used to define occupations or specific fields where women typically comprise less than 25 percent of the workforce.

Nontraditional employment

ERs are required to withhold money to an entity designated in the court order or levy document. Per Federal Wage Garnishment Law, in Title VII of the Consumer Credit Protection Act (CCPA), EEs have been given protection from termination in such cases. Laws limit amounts for any single week, define how disposable income is calculated.

Nonvoluntary; wage garnishments

Protected the rights of union workers to organize and strike without the interference of federal injunctions. Outlawed yellow-dog contracts (requiring EE's to sign they were not part of a union, nor would become one)

Norris-La Guardia Act (1932)

In wrongful discharge cases, this doctrine is used to determine whether or not an employer gave an employee adequate advanced notice of the potential consequences if a specific behavior or conduct was not improved upon.

Notice

Action strategies directed towards structures, processes, technology, individuals, groups of individuals, or entire organizations.

OD Interventions

OSHA term: ER has defense burden, and must prove *this* kind of defense exists by showing: 1. An isolated case caused by unpreventable EE misconduct 2. Compliance is impossible based on nature of EE'rs work, no viable means of protection 3. Compliance would cause greater hazard to EE's

OSHA - Affirmative Defense

OSHA info: At the end of the year ERs must review the OSHA 300 log and summarize it on a form 300A, must be certified as correct and complete and posted in February.

OSHA - Annual Summary

Minimum; Entry level employees, Midpoint; Proficient EE's, Maximum; Highly Valued EE's

Range Placement: Individuals

The extent to which an EE can expect privacy from policies and past EE'r behavior.

Reasonable Expectation of Privacy

Modifying job application process, work environment, or circumstances under which job is performed to enable a qualified individual with a disability to be considered for the job and perform its essential function. Must not create "undue burden" or hardship on ER.

Reasonable accommodation

A relationship between states or other taxing jurisdictions whereby privileges granted by one are returned by the other under a reciprocal agreement.

Reciprocity

When an employer recognizes a union as being entitled to conduct collective bargaining on behalf of workers in a particular bargaining unit

Recognition

All occupational injuries and illnesses that require more than basic first aid treatment, or deaths that occurred in the workplace.

Recordable illness/injury

Process of creating interest about an open position in an organization and seeking candidates who possess the neccesary qualifications to succesfully fill them.

Recruiting

When changes are made to the salary structure some employees may fall outside that range. *This* is when pay is above the maximum for the grade. May occur when a EE is demoted, transfer, or some other unusual circumstance.

Red Circle

These are ways to accomplish what? Organization change and stress management

Reducing Job Stress

These are steps to do what? 1. Start with good screening of candidates 2. Avoid hiring when EEs are being laid off 3. Training and Development 4. Maintaining accurate records for termination for cause 5. Must be diligent in following up with claims.

Reducing Unemployment Tax Rates (steps/best practices)

Looking at the entire organization to simplify or eliminate unnecessary processes with the goal of increasing customer satisfaction through efficiency.

Reengineering

Realign operations in a way that adds value to customers. For workforce planning, this may mean eliminating jobs in some areas and adding jobs in others.

Reengineering

Employment references, educational references, financial references,

Reference Checks

The degree to which a computer application or component can be expanded in size, volume or number of users served and continue to function properly.

Scalability

Provides a graphical representation for the relationship between two sets of numbers. Also called a scatterplot, scatter diagram.

Scatter Chart, xy chart

To an operations department, the act of detailed planning; based upon incoming orders, order history, and forecasts of future demand

Scheduling

Allow organizations to partner with communities and schools to help develop the skilled workforce they will need for the future

School-to-work School-to-Work Opportunities Act (1994)

1. Identify a problem 2. Create a hypothesis 3. Decide how to test hypothesis 4. Collect data to verify hypothesis 5. Draw conclusions. Consider if there will be a control group.

Scientific Method

Based on information that has been collected or reported by others, books, articles, etc.

Secondary Research

Written benefit plans maintained by the employer that allow employees to use pretax dollars to pay for certain qualified benefits

Section 125 benefit plans

Act that regulated "insider trading." Gave statutory authority for establishing standards for publicly held companies to the SEC.

Securities and Exchange Act (1934)

Executive compensation decisions in particular are subject to reporting and other requirements of the SEC, stock options, employee stock ownership plans, and other performance-based executive compensation awards. SEC requires disclosing the top five executives salaries. SEC requires description of compensation objectives, existence of employment contracts and severance packages, equity grant practices and awards, share ownership guidelines.

Securities and Exchange Commission Rules

Physical/procedural measures used to protect people, property, and information in the workplace from threats, either natural or manmade.

Security

Situation in which gender, religion, or national origin is reasonably necessary to carrying out a particular job function in the normal operations of a business or enterprise.

Title VII Exceptions: Bona Fide Occupational Qualifications (BFOQ)

Educational Institutions (were originally exempt, aren't now), Religious organizations, security clearance, Indian Reservations

Title VII Exceptions: Other

Intranet, Public address system, Posters, Newsletters, Individual letters to employees, Flyers, Bulletin Boards

Top-Down Communication Strategies

Lung disease spread through the air, exposure occurs when someone coughs or sneezes, higher risk are co-workers and healthcare workers, particularly in nursing homes.

Tuberclulosis

A term used to describe the practice of transferring problem or performance-challenged employees from one position or department to another with the expectation that the employee may improve under a new supervisor or in a different work atmosphere.

Turkey trot

Type of strikes: Economic strike, and when an employer has committed an unfair labor practice.

Type of strikes: Lawful Strikes

Type of strikes: Lawful: Union stops working in an effort to obtain better pay, hours or working conditions from the employer. ERs can hire permanent replacements for striking EEs and do not have to hire them back. EE's can be recalled at a later time when openings occur.

Type of strikes: Lawful: Economic Strike

Type of strikes: Strike by employees of a bargaining unit who refuse to cross picket lines made up of employees who are not members of their bargaining unit

Type of strikes: Sympathy strike

Type of strikes: If they support unfair labor practices, violate a no-strike clause of a contract, if strikers engage in serious misconduct.

Type of strikes: Unlawful Strike

Behavioral interviews, directive interviews, nondirective interviews, patterned interviews, panel interviews, structured interviews, stress interviews

Types of Interviews

Interview type: Past behavior predicts future behavior. Interviewer asks hypothetical questions designed to elicit stories and examples that demonstrate the applicant's skills and qualifications. Also called Situational Interviews.

Types of Interviews: Behavioral Interviews

Interview type: Controlled and guided by the interviewer with a predetermined set of questions asked of all candidates.

Types of Interviews: Directive Interviews

Types of Interviews: Type of interview where multiple job candidates are interviewed by one or more interviewers at the same time

Types of Interviews: Group interview

Interview type: Interviewer asks broad questions and allows the candidate to guide the conversation, hard to control for consistency.

Types of Interviews: Non-directive Interviews

Interview type: Several interviewers interview the selected candidate at the same time.

Types of Interviews: Panel interview

Interview type: Structured to cover all areas related to the job requirements, may ask different questions of all of them. AKA a "targeted" interview.

Types of Interviews: Patterned Interviews

EEs are entitled to have union representation. ER does not have to notify EEs of this right, but if they ask there are 3 options: Discontinue the interview until the co-worker arrives, Decide not to conduct the interview at all and make a decision based on other facts, give the EE the choice to voluntarily wave the Weingarten rights and continue the interview or have the employer make disciplinary decisions without an interview. Currently, nonunion EEs do not have this right.

Weingarten Rights

1958, Congress first attempt to control private pension plans, requiring administrators to file a description of the plan with the DOL.

Welfare and Pension Disclosure Act (WPDA)

Preventive health programs offered by employers designed to improve the health and physical well-being of employees both on and off the job.

Wellness Programs

As related to international labor relations, groups of workers and management representatives charged with examining how to improve company performance, working conditions, job security, etc

Work councils

A program, typically lasting four to six weeks, that provides workers who were injured on the job and who have undergone physical or occupational therapy the strength to be able to resume normal work functions and therefore getting them back to work.

Work hardening

State what the EEs may or may not do to comply with the policy. Reflects management decisions regarding specific actions to be taken or avoided in a given situation.

Work rules

The measurement of how employees spend their time and the number of work units being produced by employees over a specific period of time. This is accomplished by randomly observing employees while they are performing their jobs and then using mathematical formulas to determine the sample size.

Work sampling

Act that limits the amount of wages that can be garnished or withheld in any one week by an employer to satisfy creditors; prohibited discharge of employees for a single garnishment order

Consumer Credit Protection Act (1968)

Defined 'fair use' of copyrighted work; set term of copyright effectiveness

Copyright Act (1976)

Required federal contractors to develop and implement drug-free workplace policies

Drug-Free Workplace Act (1988)

Board concluded that Dupont's six safety committees and fitness committee were employer-dominated labor organizations and that Dupont dominated the formation and administration of one of them in violation of the NLRA.

E. I. DuPont & Co. v. NLRB

Prohibited employment discrimination of the basis of race, creed, color, or national origin; required affirmative action steps for all terms and conditions of employment; required a written AAP for contractors with 50 employees

EO (Executive Order) 11246 (1965)

Added sex to protected classes in EO 11246

EO 11375 (1967)

Included disabled individuals and those 40 years of age or older in protected classes established by EO 11246

EO 11478 (1969)

Created National Women's Business Enterprise Policy; required affirmative action steps to promote and support women's business enterprises

EO 12138

Prohibited the use of lie detector tests in employment decisions except for security-based jobs (armored car, security firms), pharmacy companies where EEs have access to controlled substances, or during investigations of workplace incidents where an EE is reasonably suspected of involvement.

Employee Polygraph Protection Act (1988)

Established requirements for pension, retirement, and welfare benefit plans including medical, dental, hospital, AD&D, and unemployment benefits

Employee Retirement Income Security Act (1974)

Established that complaintants have burden of proof for disparate impact; provided litigation authority for EEOC; extended time to file complaints

Equal Employment Opportunity Act (1972)

Required the employees performing substantially similiar or identical work be paid the same wage or salary

Equal Pay Act (1963)

Defined exempt and nonexempt employees; required and set the minimum wage to be paid to nonexempt workers; required time-and-a-half to be paid for nonexempt overtime hours; limited hours and type of work for children; established record-keeping requirements

Fair Labor Standards Act (1938)

Required qualifying employers to provide 12 weeks of unpaid leave to eligible employees for the birth/adoption of a child or to provide care for defined relatives with serious health conditions or to employees unable to perform job duties due to serious health conditions

Family and Medical Leave Act (1993)

Provided benefits similiar to worker compensation for federal employees injured on the job

Federal Employees Compensation Act (1916)

Required employers to contribute a percentage of payroll to an unemployment insurance fund

Federal Unemployment Tax Act (1936)

There was a Union contract that granted full healthcare to retirees if over 50 by July 1997. Dennis Cline, 48, sued for age discrimination. Supreme Court held that the Age Discrimination in Employment Act does not protect younger workers, even is they are over age 40, from workplace decisions that favor older workers.

General Dynamics Land Systems, Inc. v. Cline

Established commission to determine whether a glass ceiling exists and identify barriers for women and minorities. As a result, the OFCCP conducts audits of the representation of women and minorities at all corporation levels.

Glass Ceiling Act (1991)

Jennifer Gratz denied admission to UMich undergrad. Supreme Court held that University of Michigan's undergraduate admissions program was not sufficiently "narrowly tailored" to consider race as a factor in admission decisions in order to achieve goal of a diverse student body. It assigned 20 points to underrepresented minorities, thereby ensuring "that the diversity contributions of applicants cannot be individually assessed."

Gratz v. Bollinger

USSC: Willie Griggs was denied position of coal-handler based on results of pre-emp. tests and lack of high school graduation. Requirements deemed discriminatory because not directly job-related. Case established concept of disparate impact discrimination. Education requirements and intelligence tests used as conditions of employment need to relate to job performance.

Griggs v Duke Power (1971)

Barbara Grutter (white) denied admission to UMich Law School. Supreme Court held that University of Michigan's law school admission program was sufficiently "narrowly tailored" to consider race as a factor in admission decisions in order to achieve goal of a diverse student body. No hard-and-fast value to being an underrepresented minority, so individual factors could be weighed.

Grutter v. Bollinger

Assisted employers to develop antiharassment policies, establish complaint procedures, and investigate complaints promptly and impartially

Guidelines on Sexual Harassment (1980)

USSC: Teresa Harris was manager at equipment rental company. President often insulted her and directed sexual innuendos at her. She quit and sued claiming abusive work environment due to her gender. Supreme Court said if environment would reasonably be perceived as hostile, that's enough. Concrete psychological harm does not have to be proven. Established the "reasonable person" standard.

Harris v Forklift Systems (1993)

Prohibited discrimination against persons 40 years and older; established conditions for Bona Fide Occupational Qualification exceptions

Age Discrimination in Employment Act (1967)

USSC: Papermill required applicants and those up for promotion to pass two tests for nonverbal intelligence and verbal facility. Suit claimed tests were racially discriminatory. Some skilled workers in jobs couldn't pass tests. Supreme Court said employer needs to establish evidence that test is related to content of job, including doing job analysis. Employment tests be validated and tied to job requirements; subjective supervisor rankings are not sufficient validation.

Albemarle Paper v Moody (1975)

USSC: "Decisions about the welfare of the next generation must be left to the parents who conceive, bear, support, and raise them, rather than to the employers who hire those parents"

Automobile Workers v Johnson Controls, Inc (1977)

Establised to study industrial accidents and maintain accident records. The principal fact-finding agency for the federal government in the broad field of labor economics and statistics. It's an independent national statistical agency that collects, processes, analyzes and disseminates essential statistical data to the American public, the U.S. Congress, other federal agencies, state and local governments, business and labor. It also serves as a statistical resource to the Department of Labor.

Bureau of Labor Statistics (1869)

Class action against employer as not paying for time spent putting on/taking off protective gear or walking to/from changing room. Court said activities are "integral and indispensable" to job's principal activities and therefore must be compensated.

IBP, Inc v Alvarez

Reduced number and types of documents to prove identity

Illegal Immigration Reform and Immigration Responsibility Act (1996)

Required prevailing wage for holders of H1(b) visas; set H1(b) quotas

Immigration Act (1990)

Act that prohibits discrimination against job applicants on the basis of national origin or citizenship; establishes penalties for hiring illegal aliens and requires employers to establish each employee's identity and eligibility to work

Immigration Reform and Control Act (1986)

Eliminated national origin, race, and ancestry as bars to immigration; set immigration goals for reunifying families and preference for specialized skills

Immigration and Nationality Act (1965)

238 road dispatchers are all men. Diane Joyce and Paul Johnson apply for promotion to that role. Both are qualified. Diane gets job, Paul sues. Supreme Court says can consider gender if valid AAP exists. Valid means flexible (not a quota system), temporary, and designed to correct imbalance.

Johnson v. Santa Clara County Transportation Agency (1987)

Lily Ledbetter worked for 19 years. Sued for sexual discrimination because paid less than men. SC said discriminatory intent must occur during the 180-day charging period. Supreme Court said that "she could have, and should have, sued" when the pay decisions were made, instead of waiting beyond the 180-day statutory charging period. The Court did leave open the possibility that a plaintiff could sue beyond the 180-day period if she did not, and could not, have discovered the discrimination earlier. The effect of the Court's holding was reversed by the passage of the Lilly Ledbetter Fair Pay Act in 2009, which says that if a present act of discrimination pertains, prior acts outside of the 180-day statute of limitations for pay discrimination can be incorporated into the claim.

Ledbetter v Goodyear Tire & Rubber Co (2007)

Several people applied to be flight attendants but didn't disclose being HIV positive. Contingent offers were extended, and background check and medical exam were then conducted simultaneously. ADA regulates sequence of hiring process and prohibits medical exams until AFTER "real" (all relevant non-medical info evaluated) job offer is issued.

Leonel v American Airlines

Act that creates a rolling time frame for filing wage discrimination claims and expands plaintiff field beyond employee who was discriminated against

Lilly Ledbetter Fair Pay Act

Provided worker compensation benefits for martitime workers injured on navigable waters of the United States or on piers, docks, and terminals

Longshore and Harbor Workers' Compensation Act (1927)

Green laid off as part of RIF. While unemployed, took part in protest activities against MD. Later applied for advertised job and company rejected him. He sued and demonstrated "prima facie" case of disparate treatment. Criteria established: belong to protected group, applied for posted job, rejected despite being qualified, and employer kept looking. This case established criteria for disparate treatment and framework that employment discrimination cases must follow: 1. Employee establishs a prima facie case of discrimination. 2. Employer produces evidence of a legitimate non-discriminatory reason for its actions. If this occurs, then the presumption of discrimination dissipates. 3. Employer must then present facts to show an inference of discrimination; can be done either by showing that the defendant's explanation is insufficient and only a pretext for discrimination or by otherwise proving that the defendant's actions used one of the listed unlawful discriminatory parameters.

McDonnell Douglas Corp. v. Green (1973)

USSC: Christine McKennon worked for company for 30 years and was RIFed. Sued alleging violation of ADEA. During deposition, testified she removed and copied confidential documents. Company conceded to age discrimination but also said if they'd known about docs they would have fired her. Supreme Court says since company admitted to discrimination they are liable; evidence of misconduct acquired after the decision to terminate cannot free an employer from liability.

McKennon v. Nashville Banner Publishing Co. (1995)

Mechelle Vinson was fired from bank job. She claimed her supervisor coerced her to have sex and made demands for sexual favors. He created 'hostile work environment' and therefore violated Title VII. Supreme Court agreed, saying that sexual harassment violates Title VII regardless if quid pro quo or hostile environment. Established the standards for analyzing whether conduct was unlawful and when an employer would be liable

Meritor Savings Bank v. Vinson (1986)

USSC: Established that union employees have the right to request union representation during any investigatory interview that could result in disciplinary action

NLRB v J. Weingarten, Inc (1975)

Set maximum transit subsidy at $60 per month for employees; limited tax-free parking benefits to $155 per month

National Energy Efficiency Act (1992)

Protected the right of workers to organize and bargain collectively; identified unfair labor practices; established the NLRB. AKA - Wagner Act

National Labor Relations Act (1935)

Required employers to provide a safe workplace and comply with safety and health standards; established OSHA to enforce safety regulations; established NIOSH to research, evaluate, and recommend hazard reduction measures

Occupational Safety and Health Act (1970)

Amended ADEA to prevent discrimination in benefits for workers 40 years of age and older; added requirements for waivers

Older Worker Benefit Protection Act (1990)

Revised rules for employee benefits; set maximum deduction for executive pay at $1 million; mandated some benefits for medical plans

Omnibus Budget Reconciliation Act (1993)

USSC: Affirmed that an employer may be held liable under Title VII for a constructive discharge, and affirmed that the sexual harassment claim defense that an employee unreasonably failed to utilize internal antiharassment procedures is available in constructive discharge cases.

Pennsylvania State Police v. Suders

William Redmond was a General Manager and therefore had access to inside information and trade secrets. He accepted job with Quaker Oats. Court barred him from taking job at Quaker, applying inevitable disclosure doctrine.

PepsiCo Inc v Redmond

Clarified definition of 'hours worked' for the FLSA

Portal-to-Portal Act (1947)

Act that prohibits discrimination on the basis of pregnancy, childbirth, or related conditions. Requires the pregnancy be treated the same as any other short-term disability, and only when it has a disabling affect.

Pregnancy Discrimination Act (1978)

Prohibited federal agencies from sharing information collected about individuals w/o prior written authorization

Privacy Act (1974)

Act that extended concept of prevailing wage to employers who manufacture or supply goods under government contracts and required time and a half. AKA - Walsh-Healey Act

Public Contracts Act (1936)

Expanded opportunities for individuals with physical or mental disabilities and provided remedies for victims of discrimination

Rehabilitation Act (1973)

Lowered age limits on participation and vesting in pension benefits; required written spousal consent to not provide survivor benefits; restricted conditions placed on survivor benefits

Retirement Equity Act (1984)

Established Section 125 and 401(k) plans for employees

Revenue Act (1978)

20 New Haven firefighters (19 white, 1 Hispanic) sued for discrimination regarding promotions. Test results thrown out because no blacks passed. Frank Ricci (dyslexic) studied 8-13 hours a day, friend recording books for him. Courts said tests were "content-validated" and can't rely on statistical disparity alone to justify ignoring test results.

Ricci v DeStefano

Established that employers cannot consider stereotypes about women in employment decisions. Struck down state laws limiting the jobs women can hold and specifically ruling that employers cannot rely on the stereotype that women are unable to lift weights of more than 30 pounds.

Rosenfeld v. Southern Pacific (1968)

Established EEOC, the federal agency responsible for enforcing antidiscrimination laws and handling charges; prohibited employment discrimination on the basis of race, color, religion, national origin, or sex

Title VII of the Civil Rights Act of 1964 (1964)

Gene Arline is elementary school teacher, w/ TB in remission for 20 years. Discharged and denied relief. Sued alleging violation of Sec 504 of Rehabilitation Act. Determined that contagious diseases are covered by Rehabilitation Act, saying that it covers illnesses that cause a "record of impairment" upon a patient's "major life activities," including the patient's ability to work. The Act also intended to cover "those who are actually physically impaired, but also those who are regarded as impaired," since both conditions can prevent a patient from finding work.

School Board of Nassau v. Arline (1987)

Required government contractors to pay prevailing wages and benefits

Service Contract Act (1965)

Act that curbed concentrations of power that interfered with trade and reduced economic competition; directed at large monopolistic employers but applied by courts to labor unions. Allowed court injuctions to prevent restraint of trade.

Sherman Anti-Trust Act (1890)

Melvin Hicks was correctional officer in halfway house. After supervisor changed, he was fired. He sued alleging Title VII violation (fired because of his race). District Court found stated reasons by employer not accurate but Hicks hadn't proved race was real reason. Supreme Court ruled Title VII plaintiffs must show that discrimination was real reason for employers' actions.

St. Mary's Honor Center v. Hicks (1993)

Sharon Taxman (white) and Debra Williams (black) started on same day and have equal evaluations. One must be RIFed. Superintendent invoked AAP and laid off Taxman. Court ruled against school board because AAP didn't have any remedial purpose. Can't use racial diversity as justification for AAP when no evidence of past bias or underrepresentation exists.

Taxman v Board of Education of Piscataway (1993)

Reduced rollover rules for lump-sum distributions of qualified retirement plans; required 20% withholding for some distributions

Unemployment Compensation Amendments (1992)

Established guidelines to ensure that selection procedures be both job related and valid predictors of job success

Uniform Guidelines on Employee Selection Procedures (1978)

Provided equal opportunity and assistance for Vietnam veterans. Prohibits discrimination against certain veterans by the U.S. government and federal contractors.

Vietnam Era Veterans Readjustment Assistance Act (1974)

USSC: Established that employment selection tools that adversely impact protected classes are lawful if they have been validated to show future success on the job. Case involved police department testing that was a valid predictor.

Washington v Davis (1976)

Along with Rosenfeld v. Southern Pacific, established that employers cannot consider stereotypes about women in employment decisions.

Weeks v. Southern Bell Telephone Co.