aPHR
data collection methods
"what gets measured- gets managed" focus on the metrics that affect progress towards business goals.
5 emp relations metrics you should be tracking
# of grievances per month/ quarter/ year cost of grievances root cause of grievances average close time return on investment
The Rehabilitation Act (1973)
(APPLICABLE TO FEDERAL CONTRACTS) this replaced the vocational rehabilitation act the term originally used in this legislation was handicapped- the law later modified to replace that term with disabled. -requires nondiscrimination and affirmative action in hiring disabled workers by fed agencies within exec branch - requires nondiscrimination and affirmative action by federal contractors and subcontractors with contracts valued at 10k ormore -requires employers to provide reasonable accommodation for disabled individuals who can perform the major job duties.
The Labor Management Reporting and Disclosure Act, 1959 (Landrum-Griffin Act, LMRDA)
(Landrum-Griffin Act, LMRDA) deals with the relationship between a union and its members. The LMRDA grants certain rights to union members and protects their interests by promoting democratic procedures within labor organizations.
flat org structure
(horizontal org/delayering) has an org structure with few or no levels of middle management between staff and executives. Adv- elevates emp responsibility/ improve coordination and speed of communication thus gives you easier decision making process bc less people it has to go through. Disadv- lack a specific boss to report to - power struggles. Alot of generalists but no specialists. LIMITS LONG TERM GROWTH OF AN ORG NOT A STRUCTURE LARGER COMPANIES ADAPT TO WELL.
EB Visas (Employment Based) 5 levels of employment based visas. prioritized so that once the first level immigrant applicants are processed, the next level priority will be considered.
- EB1: Extraordinary Ability or Acclaim - EB2: Extraordinary Ability (Intellectual) - EB3: Skilled workers / Sponsored Workers - EB4: Broadcasters, Ministers, or Interpreters - EB5: Immigrant Investors for Enterprises
Employee Retirement Income Security Act (1974)
- ERISA - to protect employees from possible loopholes in retirement plans. Must manage those plans when they are put in place. Must be discriminatory place. Protects plan beneficiaries. Public sector and many churches are not subject to ERISA
O Visas
- O1: Alien of Extraordinary Ability in arts, science, education, business, athletics
P Visas (7)
- P1A: Athletics - P1B: Entertainment groups - P1S; Support for the above - P2: Exchange program - P2S: Support for P2 - P3: Artist Sponsored - P3S: Support for P3
The Occupational Safety and Health Act, 1970 (OSHA)
-Periodic safety inspections of the workplace. -Injury or illness incident reports (min of 5 years- injury outside of just needing first aid kit) -annual summary of incidents during the previous -calendar year -MSDS for each chemical used in workplace -Emp training on safety procedures -Records of training participation
- Public Company Accounting oversight Board (PCAOB)
A board created by SOX that regulates the auditing profession; created as part of SOX.
The Americans with Disabilities Act Amendments Act (ADAAA), 2008
A federal act that amends the ADA by expanding the definition of disability, requiring that the definition of disability be broadly construed, and requiring commonsense assessments in applying certain provisions of the ADA.
The Lilly Ledbetter Fair Pay Act (2009)
A federal statute that permits a complainant to file an employment discrimination claim against an employer within 180 days of the most recent paycheck violation and to recover back pay for up to two years preceding the filing of the claim if similar violations occurred during the two-year period.
The Copeland Anti-Kickback Act (1934)
Act that prohibits federal contractors from receiving kickbacks from employees or subcontractors for rightful wages earned on federal projects.
The Immigration and Nationality Act, 1952 (INA)
Addresses employment eligibility and employment verification. It defines the conditions for the temporary and permanent employment of aliens in the US. The INA differentiates aliens as follows: Resident or non resident immigrant or nonimmigrant documented or undocumented
The Revenue Act (1978)
Adds two important sections to the Tax Code relevant to employee benefits: Roth IRA and 401(k)
L Visas - L1: Intracompany Transfer - L1A: Managers and Executives - L1B: Specialized Knowledge
Allow a company's foreign managers or executives to work inside the United States.
The Equal Employment Opportunity Act (EEOA), 1972
Amends Title VII of Civil Rights Act of 1964; increases enforcement powers of EEOC; adds employees of state and local government and educational institutions.
The Homeland Security Act, 2002
An act by Congress that made the Department of Homeland Security a cabinet-level department in the US government- E-verify system intended to assist in rapid verification of social security numbers and confirm that the individual attached to the SSN has a valid right to work in this country.
The Securities and Exchange Act (1934)
An act that regulates the trading of securities such as stocks and bonds in the secondary market
The Equal Pay Act (1963)
An amendment to the Fair Labor Standards Act, this act requires equal pay for men and women doing equal work.
personal data
Any information relating to an identified or identifiable natural person data subject; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural, or social identity.
The Portal-to-Portal Act (1946)
By amending the FLSA- defines hours worked and establishes rules about payment of wages to employees who travel before/after their scheduled work shift. unless there is a contract- min wages and overtime are not required for travel time.
The Railway Labor Act (1926)
Created to allow railway employees to organize into labor unions. Has been expanded to airline employees in recent years.
The copyright act 1976
Defined 'fair use' of copyrighted work; set term of copyright effectiveness technical instructions- for any teaching material within HR
health, safety, and security act
Defined by WHO (world health org) occupational health deals with all aspects of health and safety in the workplace and has a strong focus on primary prevention of hazards.
Guidelines on Discrimination Because of Sex, 1980
EEOC published these guidelines to help employers understand what constituted unwanted behavior and harassment.
Compensation & benefits
Employee blank refers to all forms of pay going to employees and arising from their employment.
anti-discrimination in handbook
Employees are expected to comply with EEO law and ADA prohibiting discrimination/harassment
- USERRA, 1994 The Uniformed Services Employment and Reemployment Rights Act
Federal law that establishes rights and responsibilities for uniformed Service members and their civilian employers Employers are required to provide to persons entitled to the rights and benefits under USERRA,
The Employee Polygraph Protection Act (1988)
Federal law that prohibits the use or suggestion of lie detector tests in most employment situations- exceptions for security and federal positions. Specific guidelines must be followed.
Impact of technology on human resources
Hr portals have the advantage of allowing employees to monitor their own personal information and other company resources from their own computers or other mobile devices.
Matrix structure
Hybrid of divisional and functional structure. used in large multinational companies allows for benefits of functional and divisional structures to exist in one org. Can create power struggles because most areas have dual management.
4 P's of marketing
Identification, selection and dev of a product determination of its price Selection of a distribution channel to reach the customer's place dev and implementation of a promotional strategy.
The Pension Protection Act (PPA) (2006)
Impacted nearly all aspects of retirement planning including changes to -requires employers that have underfunded pension plans to pay higher premium to the pension benefit guarantee corp. -requires employers that terminate pensions plans to provide additional funding to those plans.
values
Important and lasting beliefs or ideals shared by the members of a culture about what is good or bad and desirable or undesirable.
The Personal Responsibility and Work Opportunity Reconciliation Act (1996)
In 1996, this act transformed the welfare system in the U.S. It ended the federal guarantee of assistance to families with dependent children and allocated greater flexibility to the states in administering welfare. The act required the welfare recipient to work within 2 years, limited the time one can receive welfare to 5 years, required mothers to name the biological father of her children and seek child support from him, and permitted the welfare recipient to remain home to care for children only in two-parent families. This was significant because it promoted family stability and moved adults into the work force permanently.
The FAA Modernization and Reform act (2012)
Includes measures that amend the Railway Labor Act to change union certification election processes in the railroad and airline industries and impose greater oversight of the regulatory activities of the National Mediation Board. Intended to get involved in union mediation/fair
The McNamara-O'hara Service Contract Act (1965)
Is a federal law that requires general contractors and subcontractors, who hold federal government or District of Columbia contracts in excess of $2,500, to pay service employees in various classes no less than the monetary wage rates and fringe benefits found prevailing in the locality or the rates (including prospective increases) contained in a predecessor contractor's collective bargaining agreement. The locality is determined by the U.S. Department of Labor.
The Norris-La Guardia Act, 1932
It banned yellow-dog contracts (agreements in which employees promised employers that they would not join unions) barred the federal courts from issuing injunctions against nonviolent labor disputes, defined labor disputer to include any disagreement about working conditions.
The Consumer Credit Protection Act (1968)
Limited garnishment amounts on employee wages; prohibited discharge of employees for a single garnishment order. applies to 1 creditor not multiple creditors.
The Retirement Equity Act (1984)
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 amended the Employee Retirement Income Security Act of 1974 (ERISA) to introduce mandatory spousal rights in pension plans so the choice of the form of benefit received from a pension plan was no longer solely the participant's choice.
The Clayton Act (1914)
Modifies- Sherman Anti-trust act. (it added to and took away) eliminated unions from being considered as part of a monopoly. it is illegal to irregular peaceful strikes or picketing.
statutory reporting requirements
OSHA laws ERISA ACA
The Labor Management Relations Act (Taft-Hartley Act),1947 (LMRA)
Placed controls on unions. Prohibits unfair labor practices by unions and outlaws closed shops where union membership is required in order to get the job. Requires both parties to bargain in good faith and covers non management emp in private ind who are not covered by the Railroad Labor Act.
The Americans with Disabilities Act (ADA), 1990
Protects individuals with disabilities from being discriminated against in the workplace. Prohibits discrimination based on disability in all employment practices. Employers must take steps to accommodate individuals covered by the act.
The Work Opportunity Tax Credit (WOTC) (1996)
Provides federal income tax credits to employers who hire from certain targeted groups of job seeks who face employment barriers. Temporary assistance to needy families qualified veterans receiving food stamps ex- felons no later than 1 year after convictions vocational rehabilitation referrals
Sherman Anti-trust Act (1890)
Regulated monopolies and trade. Every person who attempts to monopolies any part of trade or commerce will be deemed guilty of a felony. Created as a measure of regulating the economy, stopping inflation and deflation of prices and dealing fairly with regulation. Applied to unions- perceived as a monopolization of power.
Dodd-Frank Wall Street Reform and Consumer Protection Act
Requires greater transparency and accountability in the financial industry. set of handcuff for CEO's - holds them accountable for any financial
The Patient Protection and Affordable Care Act (PPACA), 2010 (affordable care act)
Requires virtually all citizens and legal residents of the U.S. to have minimum health coverage and requires employers with more than 50 full-time employees to provide health coverage that meets minimum benefit specifications or pay a penalty.
Co-employment
Situation in which an organization in which a worker has simultaneous employment relationships with two or more employers for one work situation. Establish clear boundaries with agency Create a clear and differentiated benefits plan with staffing agency for them to communicate with employee Stay Current in the latest labor laws
The "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism" Act...aka, The USA Patriot Act, 2001
The Act allows federal officials greater authority in tracking and intercepting communications, both for purposes of law enforcement and foreign intelligence gathering. response to Sept 11 Terrorist attack.
The Privacy Act, 1974
The Privacy Act requires that agencies give the public notice of their systems of records by publication in the Federal Register. The Privacy Act prohibits the disclosure of information from a system of records absent the written consent of the subject individual, unless the disclosure is pursuant to one of twelve statutory exceptions.
- The National Mediation Board
The US government established the agency to regulate labor relations in the railway industry. Its aim was to resolve disputes and prevent strikes through arbitration.
The Civil Rights Acts of 1871
The act was the last of three Enforcement Acts passed by the United States Congress from 1870 to 1871 during the Reconstruction Era to combat attacks upon the suffrage rights of African Americans.
- The Securities Exchange Commission (SEC)
The agency of the U.S. government that oversees U.S. financial markets and accounting standard-setting bodies to enforce the newly-passed securities laws, to promote stability in the markets and, most importantly, to protect investors
The Consolidated Omnibus Budget Reconciliation Act (COBRA), 1986
The law that provides for the continuation of group health care benefits for the insured for up to 18 months if he/she terminates employment or is no longer eligible, and for the insured's dependents for up to 36 months in cases of loss of eligibility due to death of the insured, divorce, or attainment of the limiting age.
marketing
The management process through which goods and services move from concept to the customer.
Health Insurance Portability and Accountability Act, 1996 (HIPAA)
The primary goal of the law is to make it easier for people to keep health insurance, protect the confidentiality and security of healthcare information and help the healthcare industry control administrative costs.
The Social Security Act (1935)
This Act provided for unemployment insurance, old-age insurance, and means-tested welfare programs. Supported through payroll axes with contributions from employer and employee. retirement survivors benefits (spouse/dependent) disability insurance temporary assistance for needy families' Medicare Health insurance for aged and disabled supplemental security income
The Family Medical Leave Act (FMLA), 1993
This federal law requires employers with 50 or more employees to provide their employees with up to 12 weeks of family or medical leave during any twelve-month period. During the leave period, the employer must continue to provide benefits to the employee; however, the employer is not required to pay the employee while on leave. The employer must also guarantee that the worker may return to his or her prior job or to a comparable job unless the employee is a "key employee." This law does not apply to employees who have worked for the employer less than one year, or less than 25 hours per week for the previous year.
- The Office of Personnel Management
This is the executives branch's human resource department. It handles all HR issues for agencies reporting to the US president.
The Congressional Accountability Act, 1995
This law requires Congress and its affiliated agencies to abide by 12 specific laws that already applied to other employers, in and out of govt
Davis-Bacon Act of 1931
This law requires the payment of "prevailing wages" to employees of contractors and subcontractors working on government construction projects.
- The Merit Systems Protection Board
This part of the new law prohibits consideration of marital status , political activity, or political affiliation in dealing with federal civilian employees.
ADA HR POLICY
Title 1 of the ADA requires employer to provide "reasonable accommodation" to qualified individuals w/disabilities unless such accommodations would cause employer or applicants an "undue hardship" This law requires REASONABLE ACCOMMODATIONS so disability employee can enjoy "benefits and privileges of employment"
The Pregnancy Discrimination Act, 1978
Treats discrimination based on pregnancy-related conditions as illegal. defines pregnancy as temporary disability. guarantees the employee rights to return to work to the same or similar job with same pay.
The Genetic Information Nondiscrimination Act (GINA), 2008
Under this law, employers are prohibited from using the results of genetic tests of employees and applicants to make decisions about hiring, firing, placement, or promotion; using the results to make employment-related insurance decisions is also banned.
org culture
a system of shared values, norms, and assumptions that governs how people behave in org. dictate how they dress, act, and perform their job duty.
aptitude testing
a test to find out whether someone has a natural ability for a particular type of work
job description
a written description of the basic tasks, duties, and responsibilities required of an employee holding a particular job
- The Office of Special Counsel
accepts employee complaints and investigates, and resolves them.
The Sarbanes-Oxley Act (SOX or SARSOX) (2002)
addresses the need for oversight and disclosure of information by publicly traded companies. Holds corporate accountable for proper record keeping and financial reporting. requires administrators of defined contribution palns to provide notice of covered blackout periods and provides whistle-blowers protection for employees.
operations function and the outcome
admin of business practice to created efficiency within an org. Converts materials into goods and services as efficiently as possible to maximize the profit of an org. The outcome is the harvesting of value from assets owned by business.
- Pension Benefit Guarantee Corporation (PBGC)
agency of the United States government that was created by the Employee Retirement Income Security Act of 1974 (ERISA)
race and gender/sex
all employers with 100 or more employees and all federal contractors with 50 or more employees and contracts of 50l or more (or a construction contract valued at 10k or more) must maintain sex and ethnic identification of each employee. White (non hispanic) black/ african american hispanic asian native hawiiann american indian two or more races (not hispanic)
Retiree annuitant
already trained has org knowledge and experienced on the job. cheaper to bring in than turning to temp worker to do a temp job. retired employee who called back to work bc of emergency, unforeseen need, or unexpected workload.
project hires and contract labor
another alternative to full time employment - there is an end date for both positions.
Uniform Guidelines on Selection procedures (UGESP), 1978
apply to all selection procedures used to make employment decisions, including interviews, review of experience or education from application forms, work samples, physical requirements, and evaluations of performance without discrimination on the grounds of race, color, sex, religion, or national origin.
employee records
are defined to include the application for employment and records that are used or have been used to determine and employee's qualifications for promotion, comp, termination, disciplinary action.
non exempt
are entitled to overtime pay
independent contractor
are workers with economic independence who are in business for themselves.
Applicant databases
asa provide and automated method for monitoring and tracking the information. They provide reports that can be used for EEO-1 reporting and affirmative action plan
vision
aspiration description of what an org would like to achieve or accomplish int he mid- long term future. intended to serve as a guide for current/future courses of action.
The Occupational Safety and Health Administration (OSHA)
assure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance.
ADA HR policy does what to comply
attain diversity goals access a larger labor pool take advantage of tax incentives adopt formal written policy with a formal comprehensive approach to employing people with disabilities.
The National Industrial Recovery Act, 1933 (NIRA)
attempted to get US out of Great depression. passed by the US Congress to authorize the President to regulate industry for fair wages and prices that would stimulate economic recovery. suspended antitrust laws. under the NIRA, companies were required to write industry wide codes of fair competition that effectively fixed wages and prices, established production quotas, and placed restrictions on the entry of other companies into the alliances.
recruitment methods
attract applicants from the outside using marketing tools and methods available within cost.
Hr is responsible for
attracting, training, and maintaining the safety of the employees of the company
unwritten procedures
behavioral constraints imposed in org or societies that are not written down. include org hierarchies, org culture, and acceptable behavioral norms.
supplier and vendors
can spread the word of vacancies however hr must use caution as you want to be known as a "poacher"
finance data determines what
cash flow reports , productions reports, and budget variance analysis.
Workers Compensation in emp handbook
clearly describe applicable employee rights and benefits as provided for under your workers' compensation program.
compensation in emp handbook
clearly explain to employees that your company will make required deductions for federal and state taxes, and voluntary deductions for company's benefit programs. in addition be sure to outline legal obligations regarding over time pay pay shedule perf reviews salary increases time keeping records bonuses
Big DATA
cloud computing, easier storage, better insights, and greater transparency- however include security and risk
The Mine Safety and Health Act, 1977 (MSHA)
combination of coal, metal and non metal mines under single legislation employers engaged in mining operations must inspect their worksites and document the results for record keeping Employees must be provided with protective equipment Msha standards - agency enforces mine safety standards that involve ventilation, chemical exposure, ect. MSDS must be made available MSDA has a team of federal inspectors that conduct onsite audits.
employee relations assist in
communications between employees and supervisors, corrective action, and planning, disciplinary actions, and explanation of policies and procedures.
osha
company safety manual 300 logs- kept for 3 years must have MSDS sheet for each chemical must report to osha within 8 hours when injuries when anything is more that first aid injury.
bar charts
compare variables by plotting categorical data, where as pie charts show how categories make up parts of a whole.
competency analysis
competency based interviews are one form of competency analysis that is an effective means of screening candidates who qualify for a job by targeting specific competencies required for the position.
functions
complex position in the organization may include a large numbers of tasks which are sometimes referred to as
EEO HR policy
compliance with federal anti discrimination laws requires covered employers to inform employees their right to be free from workplace discrimination and retaliation. The EEOC under Title VII of the civil rights act of 1964 requires employers to post workplace notices. typically include a policy statement on EEO in emp handbooks. EEO policies also apply to vendors/ contractors/ and other third parties with whom employer conducts business with.
legal aspects of job analysis
conducted of the job not the person job duties that should be included in ads of vacations positions appropriate salary level edu/edp for screening candidates interview questions selection test/instruments applicant appraisal/evaluation forms orientation materials for new hires/applicants
self identification
confidential process fair labor standards act and the EEOC requirement for annual filing of the EE0-1 report that many employers are required to establish and maintain records of employment demographics. race gender veteran disabled status
employee relations offers
consultation, facilitation, and resolution strategies for workplace issues.
Hr policies
continuing guidelines on the approach the org intends to adopt in managing its people. provide the outline by which employees are likely to behave in the workplace. serves TO REASSURE EMPLOYEES WILL BE TREATED FAIRLY TO HELP MANAGERS MAKE RAPID AND CONSISTENT DECISIONS AND TO GIVE MANAGERS THE CONFIDENCE TO RESOLVE PROBLEMS AND DEFEND THEIR DECISIONS.
The Wagner-Peyser Act (1933) as amended by the Workforce Investment Act (1988)
created nationwide system of employment offices provided job seekers with assistance in job search WIA created "one stop shops' within employment office services.
The Economic Growth and Tax Relief Reconciliation Act (2001)
created tax benefits to individuals and companies in various ways (increasing the amount companies and employees can contribute to qualified retirement plans on a pretax basis)
The Civil Rights Acts of 1866
declared that all persons born in the United States were now citizens, without regard to race, color, or previous condition.
business functions
defined as any set of activities performed by the department that is initiated by an event, transform info, materials or business commitments, and procedures and output. Common complaints from exec is that HR people do not understand the business or how to make profit.
an expample of a value
derive from a physical asset such as a building is rent.
work schedules in emp handbook
describe company's policies regarding work hours and schedules/attendance/punctuality, reporting absences.
hr data determines what
determines information relative to the company's employees.
standards of conduct in emp hand book
document your expectations of employees conduct such as dress code and ethics.
data compilation tools
documents such as resumes, employment applications, ect scanned, data mining, and enterprise wide software now enable to capture, cross utilize, and retrieve information.
assets can be
either physical or intangible.
temp employees
employers can expand their workforce quickly and easily by contracting with temp talent agencies.
recruitment sources
employers search both inside and outside their org for someone who can fill a job opening
NDA in employee handbook
employes sign NDA's and conflict of interest statements help protect your trade secrets and proprietary info.
Health Information Technology for Economic and Clinical Health, 2009 (HITECH Act)
enacted as part of the American Recovery and Reinvestment Act of 2009, was signed into law on February 17, 2009, to promote the adoption and meaningful use of health information technology.
Foreign Corrupt Practices Act, 1997 (FCPA)
enacted in 1977, generally prohibits the payment of bribes to foreign officials to assist in obtaining or retaining business
laws and regulations - 3 major compliance domains that impact all levels of organization
equal opportunity affirmative action sexual harassment
The Unemployment Compensation Amendments (UCA (1992)
established 20% as the amount to be withheld from payment of employee savings accounts when leaving and employer and not placing the funds(rolling over) into another tax approved IRA or 401k
predictive index
estimate risk of health-related problems, or predict performance
flsa job classification
exempt or non exempt
veteran and disabled status
fed contractos with 25k or more in contract value must abide by regulations related to affirmative action requirements for disabled and veterans. as of 2014 all federal contractors are required to invite self identification as disabled and veteran from both applicants and employees.
Job analysis and affirmative action
federal contract compliance programs announced new rules outlining how fed contractors should handle their affirmative action and nondiscrimination obligations for protected veterans and for individuals with disabilities. applying the internet applicant rule changing 2 year record keeping requirements to 3 years filing EEO-1 and VETS 4212 reports annually applicant flow log showing race, sex, death of application, job title, interview status
Executive Order 13706, 2015
federal contractors are directed to provide up to 56 hours of paid sick leave annually.
The Worker Adjustment and Retraining Act (WARN or WARNA) Act, 1988
first attempt by congress to involve local communities early int he private sectors downsizing process. prevented employers from just shutting the door and walking away without any worker benefits. applies to all employers 100 or more full time workers at a single facility.
professional and trade associations
frequent job postings that are usually free.
an example of value derived
from an intangible asset such as as idea- is a royalty.
Training
function of organization activity is it the process of teaching new employees the basic skills they need to perform their jobs.
gig employers/floaters
gig employers are contracted who are utilized for a specific project & then not again for until that type of project occurs again. (SIMILAR TO STORE OPENING ACROSS TERRITORY) floaters are employees who are on the org payroll who work on a temp basis (HELPFUL FOR ON CALL BASIS)
big data does
gives HR a fact- based view of the current workforce identifies trends for business to adapt predictive analysis for better risk management decisions analytics to improve quality and placement of new hires by assessing potential employees based on real info.
college and university recruiting
good source of entry level hires especially in large org
Employee referral
great resources studies shown they can result in long term hire
internal
handled formally or informally Unions have formal process for internal specified in memorandum of understanding sometimes internal posting must be posted for number of days prior to any external posting. important to consider internal because they represent less expensive candidate pools
job descriptions components
heading info summary obj of the job qualifications special demands job duties and requirements
ats
if job application is used - designed by the employer to contain requests for information the employer deems to be necessary in making the employment decision. obtain voluntary self identification data about race, sex, disability, and veteran status to enable proper reporting to gov org as required and analysis of employment data by the employer
example of good pay management
implementation of wage guidelines that avoid the practice of allowing red circle rates (paying wages of above the range max) or green cirles (paying wages below "min")
emp handbooks and policy manuals
important communication tool between you and your employees. sets forth expecations and describes what an employee can expect from your company.
tradition
inherited, established, or customary pattern of thought, action, or behavior.
company data
internal data- gathered from sales, finance, marketing and human resources.
The FACT Act (2003)
is a federal consumer-rights law that amended the Fair Credit Reporting Act of 1970 (FCRA). Its primary purpose is to reduce the risk of identity theft by regulating how consumer account information (such as Social Security numbers) is handled
employment
is a written agreement between an employer and an employee that the employee will provide certain services on the job.
The National Labor Relations Board (NLRB)
is comprised of a team of professionals who work to assure fair labor practices and workplace democracy nationwide.
The Older Worker Benefit Protection Act (OWBPA), 1988
is designed to protect the benefits of older workers. OWBPA is actually an amendment of the Age Discrimination in Employment Act (ADEA).
histogram
is only used to plot the frequency of score occurences in a continuous data set that has been divided into classes called BINS
Development
is the act of encouraging employees to acquire new or advanced skills, knowledge, and viewpoints by providing learning facilities and avenues where such new ideas can be applied.
The (Lanham) Trademark Act (1946)
is the federal statute that governs trademarks, service marks, and unfair competition.
organizational strategy
is the sum of the actions a company intends to take to achieve long- term goals. Together, these actions make up a company's strategic plan. top management creates the larger org strategy, lower and mid management adopt goals and plans to fulfill the overall strategy.
resume vs application
it is entirely up to the company how it wants to handle the policy. no legal requirement but using them is generally considered a best practice in the employment area.
the employees retirement income security act erisa
it is intended to be used as a quick reference tool for certain basic reporting and disclosure requirements for pensions
business reporting
known as org structure- defines how task allocation, coordination, and supervision are directed toward the achievement of org aims.
The Small Business Job Protection Act (1996)
law increased federal min wage levels and provided tax incentives to SBowners to protect jobs and take home pay. - employee edu incentive - increased max amount of cap expense (7k per yr) - provided tax credit to individuals who adopted a child.
the affordable care act
law passed in 2010 to expand access to insurance, address cost reduction and affordability, improve the quality of healthcare, and introduce the Patient's Bill of Rights
The Civil Service Reform Act, 1978
law that replaced the Civil Service Commission with the Office of Personnel Management Merit Systems Protection Board. The federal relations authority.
The Tax Payer Relief Act (1997)
lower tax payments during retirement creates new savings programs called Roth IRA and Education IRA.
Affirmative Action: Executive Order 11246, 1965
lyndon b johnson just passes Civil rights act and felt it was being ignored thus a new program - if a company wanted to receive revenue by contracting with federal govt. it would have to implement equal opportunity and establish outreach programs for minorities and woman.
employee relations maintains
maintaining employer- employee relationships that contribute to satisfactory productivity, motivation and morale.
Finance business function
manages the org money; planning, organizing, auditing, accounting for, and controlling its company's dollars; and produces statements.
The Needlestick Safety and Prevention Act, 2000 (NSPA)
mandated additional requirements for maintaining a sharps injury log Because occupational exposure to bloodborne pathogens from accidental sharps injuries in healthcare and other occupational settings continues to be a serious problem, Congress felt that a modification to OSHA's Bloodborne Pathogens Standard was appropriate SHARPS- needles, puncture devices, knives, scalpels ect.
job fairs and open houses
many applicants in one place to do quick meet and greet. allows a non competitive atmosphere for the employer.
The Walsh-Healy Public Contracts Act (1936)
materials, supplies & equipment - must pay prevailing wage in industry
HR Metrics
measurements used to determine the value of effectiveness of HR initiatives including turnover training return on human cap costs of labor expenses per employee
achievement test
measures how much a person has learned in a given subject or area
Vietnam Era Veterans Readjustment Assistance Act (VEVRAA) (1974)
med to provide assistance to returning Vietnam veterans and to protect them from employment discrimination. VEVRAA is one of two key federal laws prohibiting discrimination against returning veterans.
pre employment testing
monitoring and making every effort to avoid tests that have adverse impact on minority applicants is a major responsibility of HR. test must be valid, reliable, job related predictor. Care must be taken to comply with the civil rights act of 1964 and 1991 as well as the ADA.
employment agencies
mostly for the executive and senior levels of management recruiting these agencies are known as head hunters. similar to travel agencies they still exist but not incredibly common. outplacement firms- provide level of assistance (large layoff or facility closure)
exempt
no overtime pay- salary
to measure and determine real cost of emp grievances, organizations should gather and store
notes and records about employee complaints in a central location so that the time spent on each case- and the cost associated with time - can be measured and minimized.
org accountability
obligation of an individual or org to account for its activities, accept responsibility for them, and disclose the results in a transparent manner.
job sharing
offers 2 or more workers the opportunity to collectively constitute one full time equivalent employee. each employee will require the employers full contribution towards social security and medicare. that may cost the employee more than if one person were to occupy the position.
HR research
offers detailed analysis on the current dev and management issues with the real-life case studies to enable the formulation and implementation of the strategy practice within the current org.
online vs hard copy job applications
online advantage of electronic records is that they can be shared by multiple people at the same time. The uniform electronic transactions act of 1999 remedied that problem.
Divisional structure
operate in a wide geographic area or that have separate smaller org within the umbrella group to cover diff types of products or market teams. Works will in larger org. Adv- needs can be met more rapidly and more specificially Disad- communication is inhibited because employees in diff divisions are not working together. Costly- because of size/scope.
computer and tech in emp handbook
outline policy for appropriate computer and software use and to secure electronic information.
general emp information in handbook
overview of business and general emp such as emp eligibility, job classifications, emp referrals, emp records, job postings, termination and resignation.
part time vs full time
part time workers can cost more than full time staff due to employment taxes are based on head count. under ACA employers can escape paying for benefit coverage of some workers if they maintain part time status.
sales
performs the function of selling goods or services
Confidentiality
personal information shared with attorney, physician, therapist cannot be divulged to 3rd parties without the express consent of the client.
HR functions
personnel sourcing hiring training skill dev benefits administration compliance
Accounting function
prepares financial statements, paying bills, billing customers, managing payroll, and handling general ledger.
Job Analysis
process to identify/determine in detail particular job duties and requirements. is a process where judgments are made about data collected on a job.
The Civil Rights Act (Title VII), 1964
prohibits discrimination in employment on the basis of race, religion, color, sex, or national origin
Uniformed Services Employment and Reemployment Rights Act (USERRA) (1994)
protect the civilian employment of active and reserve military personnel in the United States called to active duty. The law applies to all United States uniformed services.
The Age Discrimination in Employment Act (ADEA), 1967
protects certain applicants and employees 40 years of age and older from discrimination on the basis of age in hiring, promotion, discharge, compensation, or terms, conditions or privileges of employment.
benefit brokers
provide clients with the most appropriate health insurance policy.
The IRS Intermediate Sanctions, 2002
reasonable compensation for executives and non profit organizations. engage in transactions that inure to the benefit of a disqualified person within the organization. These regulations allow the IRS to penalize the organization and the disqualified person receiving the benefit. Intermediate sanctions may be imposed either in addition to or instead of revocation of the exempt status of the organization.
External HR Service Providers
recruiting forms staffing agencies benefits brokers
Multifunctional HR Dep
recruitment emp relations compensation and benefits compliance safety training and dev
recruiting firms
recruits new talent for open positions externally
The Tax Reform Act (1986)
reductions in tax brackets and tax rates for individuals. payroll withholdings were affected many passive losses and tax shelters were eliminated required all children to have a social security numbers- reduced the number of fraudulent claimed on income tax returns- saved 7million in first year. hr- claims on w4)
reliability
refers to the consistency of a measure
validity
refers to whether the research effort actually measures what it is supposed to measure.
The Fair Credit Reporting Act (1970-2011)
regulates credit reporting agencies and compels them to insure the information they gather and distribute is a fair and accurate summary of a consumer's credit history
labor unions
related to your industry can be source of applicants. attracts cross pollination of talent and skills to cross over to other ind.
The Immigration Reform and Control Act, 1986 (IRCA)
require new employees to prove their identity and their right to work in this country. Created the Form 1-9. Many changes to this law. It establishes penalties for employers who hire illegal aliens.
purpose/function of HRIS
required for business to compete in marketplace. allows transaction activities to be streamlined and more efficient to work on more planning and strategy aligned with corporate goals.
work sample test
requires candidates to complete an actual work task in a controlled setting.
surveys
reveals information about employee perceptions that management can use to improve the work place include employee opinion satisfaction surveys, emp culture surveys, and emp engagment surveys.
sales data determines what
revenue profit, and the bottom line
privacy
right to be free from secret surveillance and to determine whether, when, how, and to whom one's personal org info is to be revealed Physical Informational Decisional- dispositional-
hiring
screening the best job candidates, making a formal job offer to the best candidates (interchangeably with staffing)
FUNCTIONAL STRUCTURE IN BUSINESS
separate -specialized departments. ADV- promotes skill specialization - Works well in small businesses. disadv- coordination and communication between the dep can be restricted by org boundaries of having each dep working separately
progressive discipline policy
series of increasingly serve penalties for repeated offenses. useful tool for warding off potential unionization in non union setting. such procedures help ensure uniformity and consistency of disciplinary action and thus minimize exposure to discrimination claims. Must follow series of steps before certain terminations occur.
records management
set of activities required for controlling the creation, distribution, use, maintenance, and disposition of recorded information maintained as EVIDENCE of business activities and transactions
The American Recovery and Reinvestment Act (ARRA), 2009
signed into law on February 17, 2009, by President Barack Obama; includes financial incentives for adopting electronic health records. Federal law containing additional provisions concerning the standards for the electronic transmission of health care data.
mission
something to be accomplished. Core purpose and focus that normally remains unchanged over time. serves as filters to separate what is important clearly state which markets will be served & how communicate intended direction to the entire org
diversity groups
sometimes called employee affinity groups.
Staffing involves 3 activies
sometimes called employment; human resource planning, recruitment, and selection
eternal recruitment sources
source candidates from outside the organization.
public employment services
state employment services veterans organization organizations for the disabled local educational institutions
goals and objectives
strategies or implementation steps to attain the identified goals. Objectives are specific and measurable with completion date. "who/what/when/how/where" reaching the goal.
emp culture
survey measures point of view of employees and is designed to assess whether it aligns with that of the org or its dept.
emp opinion and satisfaction
surveys measure employee views, attitudes and perceptions of thier org (climate surveys)
emp engagment
surveys measure employees commitment, motivation, sense of purpose and passion for their work and org.
staffing agencies
temp agency- army of workers with a variety of skills at disposal.
The Office of Federal Compliance Programs (OFCCP)
the agency responsible for enforcing the executive orders that cover companies doing business with the federal government
Federal Labor Relations Authority (FLRA)
the agency that enforces federal civilian employee rights to form unions and bargain with their agencies. Establishes standards of behaviors union officers
if applicant refuses to self identify
the employer is obligated to make a selection based on observation
The Omnibus Budget Reconciliation Act (OBRA) (1993)
the legislation reduces compensation limits in qualified retirement programs and triggers increased activity in non-qualified retirement programs.
The National Labor Relations Act, "The Wagner Act," 1935 (NLRA)
the right of workers to organize into unions for collective bargaining. Requirement of employers to bargain in good faith when employees have voted in favor of a union to represent them Requirement that unions represent all members equally Covers non management employees in private ind who are not already covered by the railway labor act.
- NDAA, 2008 the national defense authorization act
this is the origin of benefit provisions under FMLA for leaves of absense due to military reasons. Qualifying events notice of deployment return from deployment and treatment for an injury sustained while on deployment. provision up to 26 weeks
advertising
traditional media or social media- takes knowing your applicant base and that requires research.
job analysis and the flsa
us employees be paid at least the federal min wage for all hours worked and overtime pay at 1.5 times the regular rate of pay for all hours worked more than 40 hours.
job analysis and ADA
very important - broaden the concept of disability under the ADA by statutorily rejecting supreme court decisions that took a narrower view. The ADA specifically states that no covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures
former employees
viable option in recruiting- top contributing employee who left on great terms sends positive message to invite them back to apply. lessen the time required to learn the position.
H Visas (Specialty or Educational) - H1B: Special Occupations and Fashion Models - H1C: Registered Nurse in Health Shortage - H2A: Agricultural Workers - H2B: Temporary Non-agricultural Workers - H3: Non-immigrant Trainee
visas available to emplyers and employees for specialized talent or educational requirements. - H1B: Special Occupations and Fashion Models - H1C: Registered Nurse in Health Shortage - H2A: Agricultural Workers - H2B: Temporary Non-agricultural Workers - H3: Non-immigrant Trainee
- The Federal Labor Relations Authority
was established to administer the laws that guarantee government works the right to bargain collectively and to join labor organizations of their own choosing
EE0-4 in the public sector
white (not hispanic) black or african american hispanic asian (including hawaiian and other pacific islander) american indian, native american or alaska native
the electronic communications privacy act 1986
wired tap act and stored communications act- combined provides rules for access, use, disclosure, interpretation and privacy protections in electronic communications. They provide possibility of both civil and criminal prohibitions. HR setting- recording employees (notice is required)
2 reporting techniques
written (annual reports/fact sheets etc) oral/vision ( powerpoint presentations, exhibits, news releases ect)
The False Claims Act, 1863 (lincoln law)
• Enacted to prevent scams against the federal government in response to frauds that were costing the U.S. treasury millions of dollars • Financial rewards to whistleblowers were expanded. • To discourage fraud against the federal govt in billing areas • SmithKline Beecham Settlement in 1998 was the largest HC settlement that involved whistleblowers