PHR Study
International Staffing Strategies Ethnocentric
All key management positions are filled by expatriates. Benefit: ability to control business units and ensure corporate mandates.
Managing Legal Compliance Risks
ADA-develop a procedure to show good faith participation Sarbanes-Oxley Act-Develop procedure for employees to report accounting practices Work Life Discrimination
(3) Strategy implementation
Stage that defines the corporate goals at the business unit and functional levels - short term goals developed
Labor Pool
Availability of skilled labor impacts business.
Economic Growth and Tax Relief Reconciliation Act 2001
Changes to contribution limits, increasing many and allowing for catch-up contributions for employees older than 50.
Double Breasting
Common owner of two businesses one of which is a union shop and the other a nonunion shop.
FICA
Federal Insurance Contributions Act
Assessing Security Risks
Financial Assets Physical Assets Information Assets Human Assets
Data Reporting
For each job category, employers should report total number of female and male employees according to race
TIPS
Threaten, Interrogate, Promise, Spy
Skills Training
Training provided to employees directly related to their job.
Vision Statement
What a company will accomplish, what it does, for who and long range success.
Common Law Doctrine - Respondeat Superior
"Let the master answer" An employer can be held responsible for actions of its employees that occur within the scope and course of assigned job responsibilities. Ex. Sexual Harassment
Race & Ethnicity Categories
-effective on or after 9/30/07 -includes 7 categories: hispanic/latino, white, black or african american, native hawaiian or pacific islander, asian, american indian or alaskan native, two or more races -Employees should self identify, or employer can make good faith selection
Deferred Compensation
Tax deferred retirement plans such as: IRA's, 401k, pension plans.
Porters 5 Forces to Corporate Responsibility
1. Political/Legal: American labor laws 2. Economic: Skill set of the labor force 3. Social: Sustainability,disaster response,corp governance 4. Technology: worker privacy,data protection 5. Competition: global marketplace,suppliers
NIOSH Established Process for Responding to Requests
1. Written response acknowledging the request is provided within a few weeks. 2. reviews the request and responds in one of 3 ways: -Written materials to address the concerns or refer them to a different government agency better equipped to respond. -Project officer calls the requestor to discuss the request. -Project office may determine that the appropriate response is a site visit.
The Purpose of the Civil rights act of 1991
1. To provide appropriate remedies for intentional discrimination and unlawful harassment. 2. To codify the concepts of "business necessity" and "job related" related to Griggs v. Duke Power Co. 3. To confirm statutory authority and provide guidelines for disparate impact suits. 4. To respond to recent decisions of the Supreme Court by expanding the scope of relevant statutes to provide protection to victims of discrimination.
Common Clauses
1. Wages, Hours, Terms and Conditions
Change Management
A change in the way things are done in an organization.
Legal & Regulatory Activity
Activities of federal, state and local governments.
Hazard Pay
Additional pay for extremely dangerous or uncomfortable working conditions.
Administrative law that impact employment relationships
Agency rules and regulations Agency orders Executive orders
Human Capital Management Plan (HCMP) - common components
Aka: Strategic HR Plan Consists of 1) HR statement of strategic direction 2) desired results/goals 3) objectives 4) action plan 5) communication plan 6) measurement
Pregnancy Discrimination Act 1978
Amendment created with PDA to clarify discrimination against women on the basis of pregnancy, childbirth, or any related medical condition is unlawful
Lobbying
An activity that anyone can participate in to influence new laws and regulations
Defined Contribution
An individual plan in which the amount of funds contributed is known but the amount of the benefit that is eventually paid out isn't known because it depends on the investment returns that are earned.
Sourcing and Recruiting - Recruiting Strategies
An ongoing process that can help shorten the time it takes to fill a position
Union Organizations
Beginning stages are hard to detect. Change in employee behavior such as challenging management or using union terminology may be clear indicator of union organization. Front line supervisors are first to notice changes. Some signs: -Groups of employees are forming and scattering when supervisor is near. -Occupied with nonwork activity during meal and break periods. -Absenteeism increases -Challenging supervisors -Former employees approach employees in parking lot -People are observed taking down license numbers -Employee groups diversify -Union slogans begin to appear Employers can communicate their reasons for opposing the unionization but must be aware of TIPS.
Business Impact Measures & Tactical Accountability Measures
Business Impact Measures: The effectiveness of a risk management program can be measured with a return on investment calculation to validate the programs benefits. -Can be done by compiling statistics on a regular basis and comparing them over time. Tactical Accountability Measures: Measure of the number of job descriptions that include ADA requirements to total job descriptions in the company as a predictor of risk for ADA discrimination claims.
Federal legislation governing wfp activities
Civil rights- Eeoc, ofccp Executive orders- ofccp Fair credit- FTC Immigration- uscis Mass layoffs- DOL Military service- DOL & ofccp Polygraph- DOL Privacy- DOJ Sexual harassment- EEOC
Civil rights act of 1991
Contained amendments that affected title vii, ADEA, ADA
Collective Bargaining Agreement (CBA)
Contract governing the employment relationship for a specified period of time.
Time to Hire
Date job is posted to the time the job is accepted by new employee
Workforce Expansion
Deciding to expand to reach a goal
Health Purchasing Alliance
For smaller companies The HPA negotiates and contracts for the plans on behalf of all member of the group.
Other Health and Safety Legislation
FLSA: Children in the workforce. Minors between ages 16-18 cannot be employed in jobs that are considered hazardous to them. In 2008, as part of GINA, the FLSA was amended to increase civil penalties imposed for child labor violations to 50k/violation that resulted in the death or serious injury of a child. Repeat offenders are subject up to 100k in fines. Needlestick Safety and Prevention Act 2000: Enacted due to ongoing public health issues of exposure to blood borne pathogens by health care workers. All injuries must be recorded, involvement of front line employees in finding safer devices to replace, and protects employees who have endured injuries.
4. Implementation
Factors to ensure process is smooth: Facility - location, seating styles(theatre, classroom, banquet, chevron, conference(great when all participants are of equal status), U-shaped Trainers- based on skill Schedule-most cost effective
Finance and Accounting
Finance: accountable for obtaining credit to meet organizations needs, establishing banking relationships for organizations, etc. Accounting: responsible for activities that record financial transactions within an organization.
Traditional Pay Structures
First step in salary administration is job analysis process used to collect info on jobs and create the job description.
Immediate Vesting & Delayed Vesting
Fully vested as soon as they meet the requirements. Participants must wait a defined period of time.
Hi Pos
High potential employees groomed for moving up within the organization.
Distributive Justice
How closely pay reflects actual performance.
Point of Service Plan
Include network physicians but allow for referrals outside of the network. like HMO, requires to select an in network PCP. But can see specialist out of network as well. Must submit reimbursement claims to insurance company.
Pre planning
Includes decisions about who will be invited to participate and at what stages in the process, time frame for completing the plan, and a determination of the tools to be used in collecting data for the plan - helps avoid costly efforts and wasting time
Learning Organizations
Innovative environments in which knowledge is originated, obtained, and freely shared in response to environmental changes that affect an organizations ability to compete.
Qualified Employees - Internal Talent, External Talent, Alt. Staffing Methods
Internal Talent Advantages: `First place to look `management can evaluate and determine suitability for advancement over an extended period of time `promotion can be incentive to retain higher performance levels Disadvantages: `employees with little experience outside organization have a myopic view of industry `less motivated employees who are overlooked for promotions `breakdown in team work due to competition among each other `if lacking diversity, imbalance can occur `reducing recruiting costs will be offset with higher training costs
Job Categories
Jobs grouped together based on skill level, knowledge, and responsibility: `Executive/senior level official `First/Mid level officials `Professionals `Technicians `Sales Workers `Administrative support workers `Craft workers `Operatives `Laborers/Helpers `Service workers
Polygraph Tests
Limited by the employee polygraph protection act of 1988 Prohibits employers from making hiring decisions based on polygraph tests Only applies to private employers and is administered by the Wage and Hour Division of DOL Can be administered under the following conditions: -Federal/subcontractors -National defense, national security, FBI -Armored cars, security service, pharmaceutical product handling
Total Quality Management (TQM)
Long term intervention that requires all employees in the organization to focus on providing products that meet customer needs.
Mine Safety and Health Act of 1977
MSH Act Ensure safety of workers in coal and other mines. Established mandatory safety and health standards for mine operators and monitors operations in US.
Qualified Plan
Meets ERISA requirements and provides tax advantages to both employees and employer.-all employees, no matter the position, are offered same plan.
Child Labor
Must be at least 16 years old to work in most nonfarm jobs and 18 to work in nonfarm jobs that are identified as hazardous Childern 14/15 can work in nonfarming, nonmining, nonhazardous jobs outside of school hours if: -no more than 3 hours/day or 18/week -no more than 8 hours/nonschool day or 40/nonschool week During school yer children can work between 7am-7pm and during the summer can be extended to 9pm
Records Retention Policy
Must include: -Description of employment documents covered by policy -Control system for limiting access -Ensuring availability upon demand -Schedule for retention and destruction
Employee Rights
NLRA grant employees the rights to organize, join unions, bargain collectively, and engage in other concerted activities for mutual aid protection.
Contract Bar
NLRB wont direct an election while the bargaining unit is covered by a valid collective bargaining agreement.
Negligent hiring
Occurs when an employer should have known about an applicants prior history that endangered customers/employees.
Wage Compression
Occurs when new employees are hired at a rate of pay greater than those employees with similar skills, education and experience. May occur when the market for a certain skill set is in high demand.Or when pay structure is not in line with market.
Computer Employee Exemption
One of the following jobs: -computer systems analyst -computer programmer -software engineer -other similarly skilled jobs in computer industry AND must perform one or more as part of job: -apply systems analysis techniques to determine hardware, software, or system specs -design, develop, document, analyze, create, test or modify computer programs related to user or system designs and those related to machine operating systems -a combo of duties Excluded: manufacturing or repairing computer hardware or related equipment
Knowledge Management
Organizations generate data and review it to glean useful information such as trends. Then they interpret the information based on past experiences and draw conclusions that are used to move the organization forward. Definition: Activities related to the creation, retention, and distribution of organizational knowledge.
Selection and Use of Electrical Work Practices, 1910.333
Protection from electrical currents.
5 protected rights
Race, color, religion, national origin, sex
Performance Appraisal - Rating Methods
Rating Scales: Rating from 3-10 or using phrases such as "meets expectations" etc. Checklists: a list of statements, phrases or words that describe levels of performance.
Reengineering
Realign operations in a way that adds value to customers eliminating jobs in some areas and adding in other areas
R&D
Research and Development: charged with designing the new products, and testing them to ensure they work.
Before the meeting
Schedule the meeting with time. Self appraisal should be completed prior to meeting. prepare for the meeting by reviewing JD, performance standards, goals, notes, etc. Complete review with specific job related comments. Balance. Quantitative measures. Improvements needed. private area.
Leadership Development
Seeks out employees who show promise as potential leaders. Combination of classroom training, sponsorship of higher degree, hands on training with mentor or coach.
ERISA - Benefit Accrual Requirements
Specific requirements on determining how much accrued benefit participants are entitled to receive if they leave the company prior to retirement.
4 types of application forms
Short form Long form Job specific Weighted
Reasonable Accomodation
Similar to modified duty but with two distinctions: 1. Modified duty is a short term option used for injured workers to be able to return to full duty. 2. not required to create a light duty position for an injured employee.
Profit Sharing
Similar to the Scanlon plan and is incentive based program that shares financial gains Distribute pretax dollars to eligible employees, based off of a percentage of the base salary. Typically occurs annually, after the close of the fiscal year. Vesting schedule document outlines how and when distribution occurs and what happens at milestone events. They are covered under the ERISA-Employee Retirement Income Security Act
Alt. Staffing Methods
Telecommuting- Working from home, reduce overhead Job Sharing - 2 employees share one FT position PT- cost effective Internships - low costs and performance visibility before hiring Temps - Traditional, on call, payrolling, seasonal Contract - Independent contractors, contingent workforce(non-traditional workers employed by employment agencies or brokers) Professional Employer Organization(PEO) - operate as the HR dept. Outsourcing - move entire function out of organization to a company that specializes in the function
Tax and Accounting
The IRS affects compensation and benefit issues through its enforcement of federal tax legislation, SS and Med taxes, pension regulation, and enforcement of rules about some benefit programs. Private Letter Ruling can be requested from the IRS to determine what the implications of a complex or unusual financial transaction will be prior to making a change to the comp structure.
Whistle Blower Protection Act (1989)
The Sarbanes-oxley act requires violations of securities laws or breaches of fiduciary responsibility to be reported to either the CEO or attorney. If no resolution, it must be reported to the audit committee of the board of directors
Non-Qualified Plan
The benefits exceed the limitations of qualified plans or don't meet other IRS requirements for the favorable tax treatment.-not required to provide for all employees, may be different for shareholders, etc.
(1) Environmental scanning(collecting research)
The framework for collecting information to create a successful plan for future growth. Information gathered during the scan is used to forecast future business circumstances to take advantage of strengths and reduce negative impact -crucial in the midst of rapid change Ex. Preparing a product that will meet standard regulation changes to be ready when changes take effect
The Control of Hazardous Energy, 1910.147
The lockout/tagout standard applies to machinery that may start unexpectedly when a guard or other safety device must be removed and any part of the employees body may be injured.
ERISA - Vesting
The point at which employees own the contributions made by their employer to their plan, regardless if they remain employed. -Only refer to the employer contributions. -Employees are always 100% vested in their own contributions.
Common Law Doctrine Employment At Will
The result of legal decision made by judges in cases adjudicated over a period of centuries. Payne v. The Western & Atlantic Railroad Co. in 1884 coined the term; either party may terminate employment at any time. Began to erode in 1959 by both court decisions and statutes which led to exceptions to the concept.
Copyright Act of 1976
The use of music, literary, or other original works is prohibited by anyone other than the original author. 2 exceptions: Work for Hire -The employer who hired an employee to create content is the owner of the work. -Copyright for work created by a freelance author, artist or musician who has been commissioned to create work by someone else is owned by the person who commissioned the work.
Strategic Relationships
Those relationships that advance the HR function toward achieving organization goals. Can be both internal and external. Internal: management, employees, etc. External: vendors, brokers, recruiters.
Compensable Vs. Non-compensable Time continued
Travel Time: Regular commute time is not compensable, exceptions include: Emergency travel from home to work, one day offsite assignments, travel between job sites, travel away from home(DOL excludes time spent on plane, train, boat, bus or car)
Work-Life Benefits
Time off Programs Sick Pay Holiday pay Vacation pay PTO Sabbaticals and leave of absence Jury duty pay Bereavement leave Parental leave
Railway Labor Act 1926
To avoid interruptions due to strikes, protect right to join a union, and allow for a cooling off period of 90 days if strike deemed national emergency.-applies to airlines as well.
Straight Line Operations
Two businesses perform operations that complement each other's operations.
Bonus Plans
Unlike incentive plans, most bonuses are considered discretionary. This means it is optionally offered and isnt based on established objectives. Ex. Holiday bonus at end of year.
Storing I9
Until 2005, storage included paper, microfilm or microfiche HR 4306- passed by George bush signed into law electronic storage
Partially Funded Plan
Use stop loss insurance to prevent a single catastrophic claim from devastating the claim fund. Employer agrees on a preset max coverage amount before the claim is paid.
4) Controlling
Used by managers to ensure that the strategies, tactics, and plans are implemented
Velazquez-Garcia v Horizon Lines of Puerto Rico (2007)
Velazquez took a 6 month leave when enlisting in the Marines. They continued to pay his salary and required him to repay it when he returned. It took him 2 years to repay but during this time he started a check cashing business that he sometimes participated in while at work. He was fired and claimed it was due to his leave. Courts ruled that it is the responsibility of the employer to prove that they would have taken the same adverse action against the employee regardless of the military status.
Essential Job Functions
Well defined essential job functions are important in the recruitment process to ensure compliance with equal employment opportunities
Prior petition Bar
When a union petitioning for an election withdraws the petition prior to the election, no election will be approved for 6 months.
Conference/Preelection Hearing Issues
When legitimacy of the petition is satisfied, a conference is scheduled with the employer and union reps. During meeting they review jurisdictional issues, makeup of the bargaining unit, eligibility of voters, time and place of election.
Bars to Election
When the NLRA won't allow elections
Sanitation, 1910.141
Workplace be clean and maintained sanitary conditions.
Internal Conditions
affects an organizations willingness and ability to pay. In some cases, financial constraints prevent organizations from providing the TR philosophy. Org structure: must receive approval from corporate about what benefits they can offer. Org justice: what the employees puts in to the org they get out, to remain fair.
Learning Curves
graphical representation of the rate of learning over time. -Negatively accelerating: rapid increase in learning and tapers off- routine tasks -Positively accelerating: slow start that increases as learner masters the task-complex tasks -S-Shaped: combo of positive and negative-software conversion projects -Plateau: rapid increase and levels off, no progress for an extended period of time-irregular tasks
Clayton Act 1914
limited use of injunctions to break strikes and exempted unions from the Sherman Act.
Reliability and Validity
measures whether a test produces consistent results so that results don't vary greatly. considers characteristics being measured by a test and whether the test is measuring the characteristic accurately.
Line of Sight
occurs when an employee knows when their performance, good or bad, impacts their pay.
ERISA - Additional Details
records must be maintained for 6 years from date due for filing. Must be filed with DOL within 210 days of the end of the plan year. Rejected plans must be resubmitted within 45 days, or DOL can have CPA review on their behalf. Civil action can be taken
Mergers and acquisitions (M&A)
reducing labor costs as economies of scale allow jobs to be combined or eliminated
Restructuring
reducing redundancy or bureaucratic processes to reduce costs and increase production -Reducing the workforce or reassigning to new jobs
Exceptions to the ADEA
•BFOQs that are reasonably necessary •Hiring of firefighters or police officers •Retirement of employees age 65+ who have been in executive positions for at least 2 yrs, with benefits of at least $44k/yr •Retirement of tenured employees of institutions of higher education at 70 •Discharge or discipline for just cause
EEOA of 1972
•Reduced number of employees needed for coverage from 25 to 15 •Required record keeping if discrimination practices discovered •Employers must be notified of charge within 10 days and findings be issued within 120 days of charge •retaliation protection
Recordkeeping Requirements continued
-All employers with 11+ employees -Exempted industries: retail, service, finance, insurance, real estate. -Injury/illness to any employee on the payroll must be recorded, injuries on employees from temp agencies if under the employers direct supervision must be recorded. -Owners and partners are not considered employees for reporting purposes. -Privacy Concern Cases: developed to protect employees by substituting a case number for the employee name on the form. Ex. injury to intimate body parts, HIV infection, tuberculosis, needle stick injuries, etc. -Records must be kept for all injuries related to death, days away from work, limited duty, medical treatment beyond first aid, loss of consciousness, diagnosis of injury by a physician. -It is up to the employer to determine if this is a new case or previously recorded case. -New case-if employee hasn't had previous injury, or once they have recovered completely.
Union Avoidance Strategies
-An open inclusive work environment -Clear communication about goals and success -Consistent, equitable application of policies, work rules -An established conflict resolution or complaint process that provides an outlet -Disciplinary procedures that include an impartial review of facts prior to taking action.
OSHA Inspection Procedure 4 steps
-CSHO prepares in advance by reviewing any previous incidents, inspections, complaints, determines if special equipment will be needed. Begins with an opening conference, tour, closing conference. 1. CSHO arrives at worksite and presents credentials. security clearance is required, trade secrets should remain confidential. 2. CSHO holds opening conference. Selects employee to accompany on the inspection. If no one accompanies, CSHO will talk to as many employees as necessary. 3. Tour. Inspector determines what route to take, where to look, etc. May talk privately to employees. May review programs, examine records, poster is displayed, evaluate compliance, pointing out unsafe working conditions. 4. Closing conference. inspector, employer and employee discuss observations made and corrective action. fines are issued.
Trade Adjustment Assistance 2002
-Congress established act to assist workers who lose their jobs as a result of an increase of imported goods. Eligibility: a group of 3 or more to submit an application to the DOL DTAA. 3 requirements to be certified: 1. Workers must have been laid off or had their hours reduced by 20% or more. 2. Sales/production must have declined. 3. The loss of jobs must be due in large part to increased imports. Once certified, may apply for services/benefits such as: Up to 104 weeks of training. Trade readjustment allowances for up to 52 weeks. Reimbursement of job search expenses. Relocation allowances.
Aspects to include on SEC Reports of Executive Compensation
-Description of compensation objectives -Existence of employment contracts or service agreements -Equity grant practices and awards -Share ownership guidelines Annual reports for top 5: -Cash compensation: base +bonuses -Long term performance awards -Deferred compensation -Executive pensions
Union Deauthorization
-Employees may want to maintain the union but remove union securities clause such as union shop, dues check off, or maintenance of membership clause. -will approve if more than 30% or more agree.
OSHA Employer Rights
-Employers have the rights to seek advice and consultation from OSHA. -May also participate in OSHA standard Advisory Committee process and give testimony in hearings. -May contact NIOSH for information about toxic substances. -If employers are unable to meet the standards due to the nature of specific operations, they may ask for a temp/permanent waiver to the standards along with proof that protections meet or exceed osha standards.
Immigration Reform and Control Act of 1986
-Enacted to address illegal immigration in the US -Applied to businesses with 4+ employees -Made it illegal to hire or employ anyone who was not authorized to work in the US. -Form I9 required by all employers Fines for violations: 1st - 375-3200 2nd- 3200-6500 3rd- 4300-16000 Knowingly hiring an unauthorized employee can be fined up to 3200/employee and 6 months of imprisonment.
Job analysis and Description - Job Competencies
-Guide interviews in formulating questions about tasks and responsibilities tied to a specific job -Help determine how well a candidate will fit into role -Core competencies can be developed to determine employee values expected -Job specific competencies are related to s specific role
Union Decertification
-If dissatisfied with union performance. -Requires petition signatures of at least 30 % -Poor performance or representation of a different union -Employer relationship is good and no longer wants to be unionized. **Employer may not encourage or support decertification in any way.
Immigration Processes
-Immigration and Nationality Act (INA) of 1952 -In 2003 responsibility transferred to the USCIS -Purpose of INA was to simplify the multiple laws that previously governed us immigration policy. -The 1965 amendment eliminated national origin, race and ancestry and changed the allocation of immigrant visas to first come first serve basis. -Established 7 categories with goal of reunifying families.
USERRA Notice Requirements
-Must give verbal or written notice, or a military representative may also give notice. -if notice is not possible, employees are still protected. -to be eligible for reemployment, service members must be back to work within time frames that vary according to length of service
USERRA Duration
-Must grant up to 5 years, without limits include boot camp, initial service period, waiting for orders, annual 2 week mandatory training -allowed to moonlight during off duty hours -dont lose reinstatement if they take off for mobilization but the mobilization is cancelled.
Projection Considerations
-Necessary skill set required to achieve objectives. -Current skill set of the workforce. -Creation of a plan to address deficiencies. -Decision to build in house talent or hire external. -Cost of implementation -ROI
OSHA Inspection Continued
-OSHA area director reviews and determines if citations are needed and the costs of citations. -Determines the seriousness of the danger, employees to be impacted, good faith efforts made. During the inspection the employer may raise an affirmative defense to violations found. Ex: -Isolated case caused by employee misconduct. -Compliance is impossible based on the nature of the work. -Compliance would cause greater harm and there are no alternative means of protection. *Up to employer to prove affirmative defense exists.
Development - Instructional Methods
-Passive training: learner listens and absorbs; require little to no participation from learner: lecture, presentation, conference. -Active training: focused on learner experience: facilitation, case study, simulation, vestibule, socratic seminar. Experiential training: real time situations: demonstration, one-on-one, performance
Executive Exemption Duties
-Primary duty as managing the organization or business unit -They customarily and regularly direct the work of at least 2 FT employees -They have the authority to hire, fire, promote and evaluate employees -Those who own at least 20% equity in the organization and are actively engaged in management duties
Administrative Exemption Duties
-Primary duty is to perform office work directly related to management or general business operations -Primary duty requires discretion and independent judgement on significant matters
Required to complete Survey
-Private employers with 100+ employees except: `state/local govts. `primary/secondary school systems `higher education institutions `indian tribes `tax exempt private membership clubs -All federal contractors/subcontractors with more than 50 but less than 100 employees with: `$50k+ contracts `depositories of government funds in any amount `financial institutions issuing/paying savings bonds & notes
Workers Compensation
-Requires employers to assume responsibility for all employee related injuries while on the job. -The amount paid to employees is based on actuarial tables that take into account the injury, and amount of income lost. -The premiums are based on a percentage of the employers payroll and percentages paid to employees are different based on type of job. Nonsubscriber Plans: self funded insurance plans paid fully by the employer at the time of injury.
Ranking Method & Classification Method
-Requires evaluators to compare the value of jobs to one another. Best if used by smaller orgs as it becomes to difficult to evaluate all jobs in a large org. -Involves identifying key benchmark positions which are positions that are common among all industries. Classified using a vertical scale. Must determine internal equity or the value of the job to each other relative to their value to the org. 3 ways: Broadbanding, point factor, HAY system.
Union unfair labor practices
-Restrain and coerce employees -Restrain and coerce employers -Require employers to discriminate -Refuse to bargain in good faith -Engage in prohibited strikes and boycotts -Charge excessive or discriminatory membership fees -Featherbedding: cannot require employers to pay for services that aren't rendered.
Unlawful Strikes
-Support unfair union labor practices -Violate a no strike clause in the contract -Strikers engage in serious misconduct
GINA Continued
-Unlawful to require, request, or purchase genetic information but doesn't penalize employer for inadvertently receiving it. -Can be used under FMLA. -May be provided to employers in an aggregate form without identifying employees. -Can be used if genetic monitoring of biological effects from toxic substances in the workplace are needed but only with written consent.
Electronic Communications Privacy Act 1986
-Update to title 18 of the US code by adding electronic communication to the list of prohibited interceptions. -Permits employers to monitor communication that occurs in the normal course of business and when employee gives consent.
NIOSH Site Visit
-Will conduct investigation, tour the site, talk to employees, review records. 7 legal rights to consider non-negotiable by NIOSH: 1. NIOSH has the right to enter the workplace to conduct the HHE. 2. Right to access relevant information and records. 3. Meet privately with employees for confidential interviews. 4. Employer requestor has the right to accompany NIOSH during the inspection. 5. Employee reps have right to attend opening/closing conferences. 6. Employees and managers have the right to participate in the investigation by sampling devices used during the investigation. 7. Interim and final HHE reports must be made available to employees, employer must post the report for 30 days or provide NIOSH with addresses and names so the report can be mailed to them. -Once complete, a written report is compiled and provided to the employer, employee and union reps. -OSHA consultation and NIOSH HHE seem similar and may cause confusion.
Employers Subject to FUTA
-All employers who aren't farm workers or household workers. -Employers who paid 1500 or more in any calendar quarter, who employed one or more employees for a portion of the day in any 20 or more different weeks. -Employers to farm workers if paid more than 20k during a calendar quarter. -If 10 or more farm workers were employed during some part of the day during any 20 or more different weeks. -Employers of household workers if they pay 1000 or more per calendar quarter to those who work in private homes, college clubs, or sororities/fraternities.
Privacy Act of 1974
-Written authorization is required -Currently doesn't apply to private employers -Must ensure the information collected isn't misused -Information collected cannot be used for purposes other than why it was collected -Information cannot be shared between agencies with exception of law enforcement and national security
USERRA Compensation
-doesnt require employers to pay employees during leave, unless there is an established policy -may not require employees to use their accrued vacation time when on leave.
Injuries not Considered Work Related
-employee present at work site but as a member of the general public -signs and symptoms that show at work but result from an illness outside from work. -voluntary participation in a wellness program or related activity. -Employee preparing food for personal consumption, or eating/drinking. -personal tasks at the establishment outside of normal working hours. -self inflicted or personal grooming/self medication. -motor vehicle accident while commuting to and from work. -common cold or flu. -mental illness
USERRA Benefit Protection
-entitled to same benefits -continue to accrue benefits and seniority as though they were regularly employed -leave greater than 30 days but less than 240 days, must offer cobra like benefits on request of employee -upon return, they are entitled to the same benefits provide to all employees.
EO 13279
-limited impact on faith-based and community organizations providing social services as federal or subcontractors
USERRA- Continued Employment/Disabled Vets
-more than 30 days but less than 181 days, cannot be discharged without cause for 6 months after reinstatement. -181 days or more may not be discharged without cause for 1 year -must make necessary accommodations for disabled vets returning to work, if undue hardship occurs, can return to near approximate job.
USERRA Reinstatement
-must promptly reinstate regular employees to positions they would have earned. - escalator position. "promptly" depends on length of service. -Temp's/seasonal/fixed term employees don't have reinstatement rights -rights are forfeited if dishonorably discharged, expelled, or absent without leave.
USERRA Pension Protection
-protected by USERRA -vesting and accrual are same as no break in employment -employer pension contributions should be the same -for defined contribution plans, must be given 3x the period to make up for contributions missed during leave.
Calculating the FMLA Year
-the calendar year -any fixed 12 month period -the 12 month period beginning when a FMLA leave begins -a rolling 12 month period that is measured back from the date the FMLA leave is used by an employee One way should be used for all employees, if changed, employer must notify employees at least 60 days in advance.
3 Types of Arbitrators
1. Ad Hoc: Hears single case 2. Permanent: resolves any disputes between both parties 3. Triparte Panel: 3 arbitrators who reach joint decision together
Business Continuity Planning
1. Asses and Prioritize Organizational Risks 2. Identifying Vital Processes and Key Employees 3.Emergency Response Plan 4. Disaster Recovery Plans 5. Continuity of Operations Plan 6. Maintaining Business Continuity Plans 7. Unexpected Loss of Key Employees 8. Biological Threats 9. Terrorism
FCRA required process (4 steps)
1. Disclosure that CR will be used for hiring decision before running report 2. Candidate must provide written authorization to run report 3. Before adverse action, a copy of report must be provided to candidate within 3 days 4. Candidates must be advised of their right to dispute
3 Situations when 60 day notice is not required
1. Faltering company exception: plant closures where company is actively seeking funding to avoid layoffs 2. Unforeseeable business circumstance exception: plant closings and mass layoffs that take a turn that could not have been predicted 3. Natural disaster exception: plant closings and mass layoffs due to natural disaster
1. Analysis
1. Identify Goal 2. Gather and analyze data Ways to gather data: Review documents, labor law review, ask employees 4. Identify instructional goals 3. Identify performance gap 5. Propose solutions 6. Evaluate options and budget impact, training timeline
5 Requirements of FLSA
1. Introduced a minimum wage for all covered employees. 2. Identified circumstances for OT pay, and set OT rate at time and a half. 3. Determined criteria in which jobs are exempt from FLSA requirements. 4. Placed limitations on working conditions for children to protect them from exploitation. 5. Identified information employers must keep about employees and related payroll transactions.
5 Risk Classifications
1. Legal Compliance: Risk for potential lawsuits. 2. Safety and Health: Risk of illness or injury while on the job. 3. Security: Risks can affect financial operations and practices, physical and information assets. 4. Business Continuity: Environmental disasters, organized disruptions, loss of utilities, system failures, other emergencies. 5. Workplace Privacy: Protection of highly confidential information.
Collective Bargaining Subjects
1. Mandatory Subjects: Wages, hours, other terms and conditions of employment, negotiation of the agreement. Only subjects that can be cause for strike or lockout. 2. Illegal Subjects: hot cargo clauses, closed shop security agreements. 3. Voluntary Subjects: any lawful topic other than those identified as mandatory. Include management rights, scheduling, operations, selecting supervisors. 4. Reserved Right Doctrine: Management includes a clause in contract that any rights not specifically covered in the agreement are the sole responsibility of management.
3 Picketing Types 3 Instances Picketing is Prohibited
1. Organizational: attract employees to become members. 2. Recognitional: wants recognition as a union from employer. Limited to 30 days. 3. Informational/Publicity: to inform the public that the employer is a union free workplace. 1. When another union is already representing the organization. 2. When an election has been held within the previous 12 months. 3. When representation petition isnt filed within 30 days after picketing.
Constructive Confrontation
A form of mediation developed by Guy Burgess, and Heidi Burgess, to resolve long standing, deep rooted conflicts about difficult significant issues in organizations. Conflict can be healthy, method used to remove all outer layers(ancillary issues) of conflict until one main issue remains(core). Goal: not to have an agreement between parties but to be able to work together.
Target Benefit Plan
A hybrid plan with similarities to a defined benefit and a money purchase plan. Acturial formulas are used to calculate a predetermined benefit amount at retirement.
Compa-ratios
A simple calculation that compares an employees base pay to the midpoint of the pay range. Is useful when providing recommendations for promotions, pay increases, merit, etc. Calculation: base pay/midpoint of salary range*100 ex: 120k base pay/100k midpoint*100=120
Organizational Development
A systematic method of examining an organizations technology, processes, structure and human resources and developing action strategies to improve the way it achieves its desired business results.
Strategic planning definition
A systematic way of setting the direction for an organization and developing tactics and operational plans to ensure its success
Defined Benefit
A traditional pension plan in which the employer provides a specific benefit upon retirement. Funds are not accounted for individually.
Arbitrator Qualifications
AAA: American Arbitration Association Requires minimum 10 years of senior level experience and educational degrees/professional licenses and training. Demonstrate professional recognition for excellence in their field and memberships in professional associations. Proceedings: -select the arbitrator -provides a list of individuals -both parties can remove those from the list with conflicts of interest
Tactical Accountability Measures(6) (Accession Rate)
Accession Rate: measures the number of new employees against total employees. Useful in determining programs needed to manage and support the workforce. -Calculated by dividing total number of new employees by number of employees at the end of the measurement period.
Job Enlargement
Additional tasks are added to the job without increasing the level of responsibility or skill Can be viewed either favorably(relief of boredom) or negatively (more work but not more pay)
Techno-Structural Interventions
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.
External Talent
Advantages: `New ideas `Easier and cost effective to higher employees with already acquired skills `Faster to hire someone with skills than to train `Increased diversity Disadvantages: `Low morale in employees who are passed up `Difficult to determine how someone outside will fit in with the team `Performance is questionable until proven
Management by Objectives (MBO)
Aligns individuals with organization goals and measures the successful attainment of objectives as well as the quality/quantity of performance
Employers Covered-FMLA
All public agencies and schools, private employers with 50+ employees working within a 75 mile radius. A worksite may also consist of facilities that are not directly related but use the same staff and equipment. Must post FMLA poster and include in handbook. If no handbook, fact sheet #28 can be provided to employees.
Specifications for Accident Prevention Signs and Tags, 1910.145
All signs must conform to the OSHA specs. Colors to be used for different levels of warnings, and in some cases, such as biohazard and slow moving vehicle signs provide specs for size, color, and design of sign. Red-Danger, Yellow-caution, Orange-Warning, Fluorescent Orange-biological hazards. Letters or symbols must be in contrasting color.
Employee Stock Purchase Plans
Allow employees to use after tax payroll deductions to purchase company stock at a discounted price. Offering period in which deductions are accumulated and then used to purchase stock up to 15% discount.
Salary Surveys
Allow organizations to gather compensation and benefits data that reflects current trends in the labor market. Typically provided by professional service vendors, consulting firms. Different types of surveys to consider- Employee: Polling internal workforce to gauge satisfaction of pay and benefits. Government: BLS survey that contains statistical data. Industry: Industry specific surveys for certain positions. Commissioned: When specific skill set is needed to be surveyed, information can be collected by commissioning a third party and provide the results.
Maintenance/Membership Clause
Allows employees to choose to join but once they do, they must remain in union until the contract ends. Must notify within 30 days of expiration.
U.S. Patent Act
Allows inventors exclusive rights to the benefits of an invention for a defined period of time. 3 Types of Patents 1. Design: limited to 14 years, protect new, original or ornamental designs. 2. Utility: limited to 20 years, protect invention of new and useful processes, machines, or improvements to the same. 3. Plant: 20 years, protect the invention or discovery of asexually reproduced varieties of plants.
Amendments to Title VII
Amended in 1972, 1978, 1991
HIPAA Requirements
Amendment to ERISA -Prohibits discrimination on the basis of health status. -Places limits of health insurance restrictions for preexisting conditions; any treatment within 6 months of the plan. -Insurers may exclude those conditions from coverage for 12 months or in the case of a late enrollment, for 18 months. -Insurers may discontinue the plan if no payment is made, obtaining the policy through fraudulent activity, doesn't comply with material provisions of the plan. -Group coverage can also be discontinued if no longer offered in the geographic area.
Risk Management - ADA
Americans with Disabilities Ex: Randal Brooks-Firefighter in Tulsa Oklahoma He was transferred to a desk job due to a perceived disability by his employer and was then terminated, he filed a suit and won, was reinstated and paid damages. Potlach Corp- sued on behalf of a female employee in a paper mill. Employee fainted during break and even though the doctor cleared her to return to work, they terminated her due to safety concerns. She won the suit and was awarded damages and backpay. Employers also face ADA risks if they do not engage in a sufficient process to reasonably accommodate an employee if asked.
Interviewer Bias
Average/central tendency- rates all candidates the same Contrast-comparing candidates to each other Cultural noise- questions answered based on information they think will get them the job First impression Gut feeling Halo effect Horn effect Knowledge of predictor- when interviewer knows the candidate scored high or low on an assessment test Leniency Negative emphasis Nonverbal bias Question inconsistency Recency Similar to me Stereotyping
Performance Appraisal - Behavioral
BARS: Behaviorally anchored rating scale. Uses job description to create dimensions that represent the most important requirements of the job. Anchor statements are then created to represent levels of performance.
**Bargaining Units & Temporary Workers
Bargaining Units: May be employer unit, craft unit, plant unit or subdivision thereof. Unit cannot have both professional and nonprofessional employees. Community of interest, how the employer administers its business, geography, whether employees are involved in a major process of the company, whether employees are cross trained or frequently transferred, what unit the employee wants to be apart of, and any relevant collective bargaining history. Employees that are not eligible: confidential employees, supervisors, management personnel. Temp Workers: in 2000, M.B Sturgis Inc.- changes to previous rulings on inclusion of temp workers in bargaining units. Whether a community of interest in wages, scheduling and working conditions exists between regular and temp workers, and that a unit including temp workers isnt considered a multi employer unit needing the consent of both employers.
Americans with Disabilities Act of 1990
Based on the rehabilitation act of 1973 Extended protected class status to qualified persons with disabilities 15+ Employment agencies, unions, joint labor management committee Exclusions: Federal government, 501c private membership clubs
Sustainability
Behavior that doesn't deplete the resources used to achieve an outcome
Types of interviews 7
Behavioral Directive-Predetermined set of questions Nondirective-Allows candidate to guide the conversation Patterned-Same structure, different questions Panel Structured-Similar to directive interview Stress
Independent Contractor
Behavioral Controls: -Does the company control or have the right to control what the worker does and how the worker does his or her job? Financial Controls: -Are the business aspects of the worker's job controlled by the payer? (these include things like how worker is paid, whether expenses are reimbursed, who provides tools/supplies, etc.) Type of Relationship: -Are there written contracts or employee type benefits (i.e. pension plan, insurance, vacation pay, etc.)? Will the relationship continue and is the work performed a key aspect of the business?
Civil rights legislation
Between 1866-1963 Act of 1964 - major milestone
FMLA
Bill Clinton-1993 -In 2008, DOL issued final changes to the FMLA to incorporate military family leave provisions- National Defense Authorization Act (NDAA). -Ragsdale vs. Wolverine - 2002 lawsuit by employer that took 30 weeks off but was never designated as FMLA won due to erroneous characterization of the absence. -Allows employers and employees who mutually agree on a resolution to settle past claims between them. -Light duty assignments do not count as part of employees FMLA entitlement. -Employers must keep records of FMLA for no less than 3 years.
ADA Amendments Act (ADAAA) 2008
Broadly defines disability: disability that causes substantial limitation to one or more major life activities Defines major life activity: general activities and major bodily functions Ignores mitigating measures: medication, prosthetic, hearing aids, mobility devices Clarified the definition of "regarded as": individuals able to demonstrate they have been the subject of prohibited activities, whether impaired or not, are protected Explicitly authorizes the EEOC to regulate compliance Prohibits reverse discrimination: individuals without disabilities may not use ADA to file claims against those with disabilities
Corporate responsibility
Business behavior that is focused on building external strategic relationships. Also links the internal and external environments.
Cost Per Hire
Calculated by taking total cost of training and divide by full time employees. If PT count 2 employees as 1 FT (10 ft, 10 pt = total ft 15)
Key Employee Exception
Can be denied reinstatement of position at return if the employer demonstrates it would cause a substantial and previous economic injury to its operations. Salaried employee who are paid at the highest 10% of employees at the worksite. Calculated by taking the employees YTD earnings and dividing the total number of earnings by the number of weeks worked. To be determined at the time the leave is requested. Must be advised wither in person or by certified mail as soon as possible.
Filing an Unfair Labor Practice Charge
Can be filed by employee, employer, union rep with a form provided by the NLRB. Can be filed by mail, fax, or in person, within 6 months of incident. Once received, charged party must submit a written statement and advised their right to counsel. Board agent conducts investigation and settlement is reached. Administrative law judge conducts hearing, if no settlement, they have 28 days to file an exception with the NLRB office. If not satisfied with NLRB decision, can file with US court of appeals.
ERISA- Report 3: Participant Benefit Rights Reports
Can request reports of total benefits amount accrued on their behalf and the amount that is nonforfeitable. If none at the time of request, must be provided as soon as they become nonforfeitable. Cannot receive it more than once per year.
Work-life Discrimination
Caregiver Discrimination: Not allowing a flexible work schedule for personal home problems that employees may face. Unlawful disparate treatment: -Not hiring women with preschool children but hiring men with preschool children -Not giving a woman a promotion with children because they may not move. -Pregnancy Discrimination -Providing childcare leave for women and not for men. -Providing care for disabled employees but not all employees.
OSHA Enforcement
Categories/fines of OSHA violations: Willful(intentional violation): 5k-70k/violation Serious(substantial probability of death):up to 7k Other than Serious(potential hazard): up to 7k Repeat: up to 70k/violation Failure to Abate: up to 7k/day De-minimus(no direct relationship to health): 0
Report Types
EEO1 reports can be submitted electronically or on paper, multiple locations=multiple reports. Headquarters Report: employment data for the principal office. 50+ employees: establishment report for each location 50- employees: establishment report or list, includes name, address, total employees with grid of race, sex and job category Consolidated Report: data of all locations
enforcement agency for title vii
EEOC
EEO Survey
EEOC & OFCCP - created survey to meet statistical reporting requirements for both agencies -Must be filed before or on 9/30 of each year -Data from any pay period during July,August or September of that year
E-Learning
EPSS Electronic performance support systems: training tool integrated into the computer system used by employees on the job. Computer based training(CBT): interactive training method(useful when organization is geographically dispersed) Distance learning: similar to lectures, can occur simultaneously(useful when geographically dispersed, allows employee to interact with presenter). Blended learning: multiple delivery methods used. Online bulletin boards: post questions and share information.
COBRA Requirements
ERISA was amended in 1986 by COBRA which requires businesses with 20+ employees to provide health plan continuation under certain circumstances. -Must be notified when they enter the plan as well as 30 days after a qualifying event occurs. -Qualifying Events: 36 month coverage: death, divorce, dependent child loss of coverage. 29 month coverage: Reduction in hours when disabled, termination when disabled. 18 month coverage: reduction in hours, termination, eligibility for SSA benefits. 0 month coverage: term for misconduct. -Can charge max 102% of group premium and must include in open enrollment periods. -May discontinue benefits if no payment is received within 30 days. -Employees must notify within 60 days of divorce, separation, loss of child's dependent status.
Labor Market Analysis 3 Factors
Economic Indicators: BLS reporting; unemployment rate, occupational outlook, demographics, wages by area/occupation (JOLTS-Job Openings and Labor Turnover Survey). Industry Activity: New competitors, new products, layoffs. Labor Market Categories 3: `Geographic-local, regional, national or international `Technical Skill-individuals with specific skills `Education-similar levels of education
Lawful Strikes
Economic strike-obtain better pay, hours, working conditions. Can allow for permanent replacements and aren't required to rehire strikers. Unfair labor practice-strikers cannot be discharged.
Burlington Industries, Inc. v. Ellerth
Ellerth worked with an employee who wasnt her direct supervisor but did have power to approve or deny TEA. She experienced ongoing sexual harassment. Key issue - vicarious liability which means an employer can be held accountable for their employees actions. The court decided an employer is held liable for the actions of its employees.
ERISA - Employee Participation/Eligibility Requirements
Employee Participation: Participant must be an employee that has met the eligibility requirements. -When 1 year of service or age of 21, unless plan provides 100% vesting after 2 years of service. In that case the requirement changes to completion of 2 years of service or reaching age 21, whichever is later. -May not be excluded on the basis of age. -After minimum service/age requirements are met, must become participants no later than the first day of the plan year or 6 months after the requirements are met, whichever is earlier.
Federal Laws Regulating Voluntary Benefits
Employee Retirement Income Security Act-1974 2 most significant amendments: COBRA: Consolidated Omnibus Budget Reconciliation Act HIPPA: Health Insurance Portability and Accountability Act Created to set standards for private pensions and some group welfare programs such as medical and life insurance.
Timing Performance Appraisals
Employee anniversary or organization wide focal review period.
Employee Feedback
Employee surveys Exit Interviews Employee Focus Groups Skip Level Interviews
Pharakhone v Nissan North America (2003)
Employee took FMLA when wife gave birth. His wife owed a restaurant and he worked there while out on leave. He was terminated for breaking policy that no unauthorized work should be done while on leave. Established that employees who violate company rules while on FMLA leave may be terminated.
High Involvement Organization
Employees are involved in creating their own work processes, take actions necessary to complete their work and are accountable for the results
Quality Team Structure - Six Sigma
Employees are trained and work full time on quality initiatives Must meet requirements and pass a written test prior to certification
Occupational Noise Exposure, 1910.95
Establishes permissible noise levels for the workplace, measurement procedures, hearing conservation programs when average noise reaches 85 decibels or higher and require periodic testing for employees. -Hearing loss of 10 decibels must be reported on the form 300.
Electronic Storage of documents
Example: Form i9 Electronic storage system must include controls to ensure: Integrity/accuracy/reliability of records, detect and prevent unauthorized use, must have an audit trail, include an inspection and quality assurance program, detailed index of all data for easy access, produce a high level of legibility and readability
Human Resource Management Interventions
Examples include: -Developing hiring and selection procedures that attract people with the right KSA's needed. -Designing jobs that increase employee satisfaction. -Developing performance management systems that develop individuals for future needs. -Developing diversity programs. -Developing rewards systems.
Exemption Status
Exempt vs. non-exempt Positions may be exempt from one or all FLSA requirements. Duties test: determining job responsibilities or duties of a position for purposes of defining exemption status. Salary level test: Employees must be paid a minimum salary of $455/week or $23,660 per year, except sales employees, teachers, practicing attorneys, medical doctors. Salary Basis Test: requires salaried employees to receive a predetermined amount of payment on a set schedule.
Knowledge Management - Methods to institutionalize Knowledge
Expert Registers or Directory Best Practice Standards After Action Evaluation Communities of Practice Technology Solutions Knowledge Management Systems - System used with ease of access to retrieve useful information that has shown successful. **(ex. call center creates database where information is entered so that each time a customer calls, they are aware of account details).
NLRB & EEOC-Administrative Law Courts
Federal agencies that have the power to order compliance with federal laws in courts
Polycentric
Fills corporate positions with expatriates, management positions in host country are filled with HCN.
ERISA - Administration and Enforcement
Fines between 5k-100k and imprisonment for up to 1 year. Civil actions may be brought by plan participants, beneficiaries, fiduciaries or DOL to recover benefits or damages or to force compliance with the law.
Medical Services and First Aid, 1910.151
First aid supplies are required to be provided by employer and ensure that either medical personnel are available or training occurs on how to use first aid.
Contract Enforcement- Grievance Procedure
First level: employee supervisor, employee, union steward. Second: Union rep and secondary level of management. Third: Member of the union grievance committee meets with the next level of management. If unable to resolve other methods are used: *Binding Arbitration used to resolve issues without work stoppages. *Compulsory arbitration is mandated for public sector. *Mediation *Court Injunctions
OSHA inspection priorities
First: Imminent Danger Second: Catastrophes and fatal accidents Third: Complaints and Referrals Fourth: Programmed high hazard inspections Fifth: Follow up inspections
Independent Medical Exam
Fit for duty exam used to determine if an employee is ready to return to work.
Philip B. Crosby
Focused on management as the key factor (not customer) Based on strategic plannings to accomplish a high level of quality. 4 Absolutes of Quality: 1. Conformance to Requirements 2. Prevention 3. Performance Standards 4. Measurement
Competency Based Program
Focuses on the employees KSA's tying individual pay to increased ability. Places responsibility for advancement on the employee. Fewer employees are needed once competency is increased which allows for more pay. Competency profiles used instead of job descriptions Consists of 10-12 key competencies, a career ladder identifies levels of competency for each stage, include technical and soft skills required for jobs.
Health Benefit Cost Management 3 Plan Types: Self Funded Plan
For large organizations. The employer creates a claim fund and pays all the claims through it. Must conduct annual discrimination tests to ensure HCEs aren't using the funds disproportionately.
Employee Notice Requirement
Forseeable: must notify employers at least 30 days prior to start of leave. Unforseeable: Must follow the normal policy on calling in an absence unless they are unable to.
FLSA Amendments - Portal to Portal Act 1947
Clarified what was compensable time and established that employers arent required to pay for commute time; requires pay for nonexempt employees for regular work duties performed before or after their regular hours or for working during their lunch period Equal Pay Act(1963) First act to protect women from discrimination on the basis of sex.Equal pay for equal work. Applies to employers under FLSA and is managed by EEOC. Differences in pay are allowed when it is based off a bona fide seniority system, merit, quantity/quality measures, all other systems that fairly measure factors other than sex.
Assessing Business Continuity Risks
Classified as natural, manmade or biological disasters. Environmental Disasters Organized or Deliberate Disruptions Loss of Utilities or Public Services Equipment or System Failures Serious Information Security Incidents Other Emergencies
Workforce Investment Act
Collaborative effort between DOL and Congress, resulting in a job training program designed to improve skills for jobs 3 Goals: 1. Improve workforce quality 2. Enhance national productivity and competitive ability 3. Reduce reliance on welfare
Staffing Needs Analysis 5 Steps
Collect Data: HR assists managers in determining KSA, number and timing of people required. Collect information on current employees to determine readiness/training needed Identify Gaps: HR builds list of KSAs required to meet future needs, then compare needed KSA and current to identify gaps Analyze Options: Identifies options for filling positions Select Solution: Conduct cost/benefit analysis of options Evaluate Results: After implementation, evaluate its success
Weingarten Rights
Collins was working for a company and was questioned about stealing money by her manager and investigator. She asked several times if she could call her union rep to join and was denied. After the investigation, she informed her union of the situation and they filed an ULP with the NLRB. When asked for a union rep to be present, the employer has 3 options: 1. Discontinue the interview until the coworker arrives. 2. Decide not to conduct the interview at all and make decision based on facts already obtained. 3. Give the employee the option to waive their weingarten rights or make the decision without the extra facts.
Virtual Coaching
Combine concepts of self paced learning with typical coaching outcomes. Mode of communication can vary, emails, telephone, videoconferencing, webinars, tests, forums. Can fall short due to trust factor
Total Rewards
Compensation and Benefits - an exchange of payment from an employer for the services provided by its employees. Monetary Comp: cash compensation, 401k match, medical care premiums, pension plans, PTO, stock options, employee stock ownership programs, incentive plans. Nonmonetary Comp: intrinsic rewards(encourages self esteem), extrinsic rewards(esteem is achieved from others), recognition, relationships, etc. Direct Comp: payments made from wages/salaries Indirect Comp: fringe benefits, vacation, sick, holiday pay, leaves, 401k, pension plans.
Administering the Compensation Plan
Compiling a salary administration handbook helps managers. Should contain: compensation philosophy, roles played by HR, manager, executives in salary admin, basic info on pay increases, description on how salaries/wages are determined for new hires.
Example of Administrative Law HR lead: OSHA
Congress passed the act in 1970 and established the occupational safety and health administration as required it to develop regulations to support the act
Exclusive Provider Organization (EPO)
Consists of a network and includes a hospital. May see patients only part of the EPO.
Alter Ego Doctrine
Consists of two or more employers with almost identical management, business purpose, operations, equipment, etc. Radio Union v. Broadcast Services, Inc, determined 4 criteria that will determine whether a single employer exists: interrelation of ops, central control of labor relations, common management, common ownership. May be apart of the bargaining unit if all 4 are present.
Validity (3 types)
Content: selection procedure samples significant parts of the job (ex. truck driver gets driving test) Construct: whether a test measures the connection between candidate characteristics and successful job performance Criterion: trait or work behavior that is predicted by a test, either predicts or correlates the behavior: ~ predictive: compares test scores at beginning of job and after some time doing the job. ~ concurrent: criterion is measured at the same time the test is given not at a later time(ex. high performers are measured and new hires are measured against that)
Exceptions to Employment At Will
Contract Exceptions: Employment at will may be abrogated by either express or implied contracts. Statutory Exceptions: Eroded by legislation.Cannot be used to terminate an employee based off of discriminatory reasons. Public Policy Exceptions: 4 areas: refusal to break the law, reporting illegal acts, cooperating in a govt. investigation, acting in accordance with legal statutes. Duty of Good Faith and Fair Dealing: an obligation to act in a fair and honest manner with each other so that the benefits may be realized. Varies state by state. Promissory Estoppel: Occurs when an employer entices an employee to take action by promising a reward, and then not following through. Fraudulent Misrepresentation: Promises or claims made by employers to entice candidates to join the company.
Administrative Services Only Plan
Contract with an insurance company to manage and pay claims.
UGESP
Developed by EEoC, Civil Service Commission, OFCCP and DOJ to comply with title Vii requirements Exempt from this are requirements under the ADEA and Rehabilitation Act Tools used in the selection process that have an adverse impact on hiring can only be used if employer can prove it is a valid predictor of success in the position and job related.
Improsharing
Developed in 1970 by Mitchell Fein Establishes a baseline for org productivity and for productivity cost the difference between baseline productivity and new output is used to calculate performance.
External Business Environment - Technological Developments
Developments in technology have driven the growth and decline of organizations. Family farms replaced by corporate farms, etc. Organizations that develop with technology thrive.
Executive and Management Coaching
Different from mentors in that they focus on skills rather than career development.
Human process interventions
Directed at developing competencies at the individual level in the organization. Common areas include: -Team building activities -Conflict resolution -Management by objectives -Leadership and management development -Supervisory training -Emotional intelligence
Profit Sharing Plans
Discretionary contributions, allow employers to contribute deferred compensation based on a percentage of company earnings each year. Max of 25%.-companies with erratic profit levels.
Unlawful employment practices
Discriminatory recruiting, selection or hiring actions Discriminatory compensation or benefit practices Discriminatory access to training or apprenticeship programs Discriminatory practices in any terms of employment
2 types of unlawful practices
Disparate treatment: employers treat some candidates or employees differently Disparate impact: occurs when an employment practice, which appears to be fair, unintentionally discriminates against members of a protected class
Turnover Analysis
Dividing the average number of total employees for the measurement period by the number of employees who exited the organization.
Training cost per Employee
Dividing the total number of all associated training cost by number of full time employees
Core Competencies
During the formulation phase, identify their core competencies: parts that they do best and what sets them apart from the competition. Focus on core competencies helps expand revenue streams by focusing on building the product/services.
Harris v. Forlift Systems. Inc
Harris directly reported to company president who constantly insulted her in front of customers and made sexually suggestive remarks. *The court found that her claim was not justified as a hostile work environment due to the fact that the comments made were merely offensive and did not result in tangible psychological injury.
Blood Borne Pathogens, 1910.1030
Health Care Industries: Regulations require that written exposure control plans are available that explain preventative steps, post exposure evaluation and follow up, record keeping, and incident evaluation procedures.
job specification
Helps in defining expectations for performance and if candidate is a good fit for the role
Procedural Justice
How fair the internal process and procedures in determining pay scales are perceived to be.
Mission Statement
How the company will achieve the vision. What it does, where its going, how it differs from others. Generally directed at employees in the company.
Change Management
How the need for change in an organization will directly affect employees. 2 aspects: structural changes and individual behavior
HRs role in organizations
Hr is expected to enforce policies and ensure compliance with federal, state and local employment regulations and laws. Also provide strategic, administrative and operational roles
Hr audit
Identifies areas that may be out of compliance with legal regulations or are in need of updating because of strategic changes within the organization, and it defines elements that are working well.
Recruiting Methods- Succession Planning
Identifies individuals that have the talent/ability to move into management and executive positions in 1-5 years, then placed on a plan to reach goal when needed. Replacement Chart: placed into 1 of 4 categories -Ready for promotion -Develop for future promotion -Satisfactory in current position -Replace
Retaliation of whistle blower protection act
If confirmed, osha will seek settlement between both parties Reinstatement of employment, backpay, restore benefits, other actions to make the employee whole If confirmed, employers are subject to criminal penalties including up to 10 yrs in prison
Voluntary Recognition Bar
If employer has voluntarily recognized a union, election will be barred for a reasonable period of time to allow negotiations.
Petitioning the NLRB
If management refuses to recognize the union, a petition for an election can be filed with NLRB, along with the evidence of employee interest in unionization.
Economic Environment
Impacts all organizations and individuals. When economy is good, organizations grow. When economy is shrinking, organizations that are able to downsize are saved.
Strategic Management
Implementing and accomplishing strategies to meet changing needs. Ex. American business in mid nineteenth century could not keep up with customer demands as well as the Japanese, therefore it was a difficult transition.
Union Campaign Tactics
In 1935 unions represented 35.7 of private sector workforce. In 2005 it represented only 7.8. More prevalent in public sector with 36.5. Methods used to organize: -Internet: websites -Home visits -Inside Organizing -Salting: union hires a person to work for the organization they are targeting. -Meetings -Leafleting: points out advantages to unionizing -Media: 1999 UNITE campaigned against Loehmanns Dept. store in NYC for firing an union member.
Medicare
In 1960, JFK and Lyndon Johnson created the Medicare program. Created by the SS amendments in 1965, and provided hospital and medical insurance for the elderly. There is no maximum wage base for medicare tax. Current Rate: 1.45%
Waivers of ADEA in connection with Exit Incentives (layoffs, reduction in force)
Must provide them with no less than 45 days to consider the agreement and •a list of the eligibility factors for the individuals affected by the employment action •a list of job titles and ages of all individuals participating in the program as well as those not selected to participate
What is an executive order? 7 total
Presidential proclamation that when published become law after 30 days, enforced by OFCCP 2 levels of compliance: -applies to contracts totaling $10K or more in 12 month period, must take affirmative action in employment actions -contractors with 50+ employees with $50k contracts requires a written affirmative action plan(AAP) within 120 days from the origination of the contract
Immigration Act of 1990
Prevailing wage be paid to H-1B immigrants to ensure US citizens didn't lose jobs to lower paid immigrants. Also restricted the number of immigrants allowed under the HIB visa to work to 65k/year, and created additional categories. In 1996, number and types of documents to prove identity were reduced.
preliminary order of reinstatement
Prior to hearing for retaliation claims, osha can reinstate the employment or require economic reinstatement even if the employee doesn't work
Social Security Act 1935
Introduced OASDI to pay qualified workers at retirement, disability or to their dependents in the event of a workers death. Also established Unemployment Insurance. FICA created in 1939 to replace tax sections of the SSA. Transferred responsibility for collecting taxes to the IRS. Tax rates are reviewed as needed and are set by a statute. In 1983 amendments to SSA gradually increased the age at which workers are able to receive full retirement benefits based on year of birth(1937 or earlier-65, 1960 or later-67). Current rate: 6.2%
Executive Order
Issued by the president and become law after they have been published in the federal register for 30 days
Jespersen v. Harrah's Operating Co.
Jespersen worked as a bartender for a casino for 20 years. The company implemented new policy regarding new uniform, makeup, hair, jewelry, etc. Jespersen objected to wearing makeup and left the company. Court ruled against her claim stating she didnt demonstrate the policy was stereotyping based on sex.
Change Process Theory
Kurt Lewin- Social Psychologist, developed 3 stages of change: 1. Unfreezing: creates the motivation for change by identifying and communicating the need for change. 2. Moving: resistance is examined and managed, organization is aligned with the change. 3. Refreezing: The change becomes the new norm for the organization
Limited Liability Company
LLC Cross between a GP and corporation Provides owners with liability protection of a corp with fewer operating restrictions. Exists for a finite period of time, and can be extended by a vote. Can only have 2 of the 4 entities of a corp otherwise it must become a corp.
Griggs v. Duke Power Company
Landmark Supreme Court decision stating that tests must fairly measure the knowledge or skills required for a job 1970
Regiocentric
Larger operational view. Covers trade regions and has managers move between units in different countries.
Legal Statutes
Laws that have been enacted by the legislature, or pronounced by the president as executive orders.
External Conditions
Lead the market: total rewards package will be above market rate. Lag: below market rate. Compete: at market rate.
3. Development - Training Materials
Leader guide: a guide when more than one trainer is presenting. Manuals: provide reference to assist in reinforcing the training. Handouts: can be used in place of manual. Help maintain focus and note taking.
Health and Safety Inspections
Less than 1% of inspections occur due to repeat violations. NIOSH inspections always occur in response to a request from an employer, employee or government agency. OSHA Inspections: Conducted by an Compliance and Safety Health Officer(CSHO)
Long, mid, short terms
Long: 3-5 years; mid: 1-3 years; short: 6-12 months
Other Laws (7) Impacting Deferred Compensation - Retirement Equity Act 1984
Lowered age limits and vesting in pension plans, written approval from spouse if the participant did not want to provide survivor benefits in the plan.
3) Directing
Managers establish relationships to manage employees and support them in accomplishing their goals
Collective Bargaining
Mandatory subjects for bargaining include wages, hours, terms and conditions of employment, the agreement, and any questions. Bad faith in the process include lack of concessions on issues, withholding information, stalling tactics. Bad faith on management could be seen when management goes directly to employees to present case before presenting it to the union. Bad faith by the union would be failure to notify management of the plan to renegotiate contract within 60-90 days before it expires.
Party in Interest
May be fiduciary, a person or an entity providing services to the plan, an employer or employee organization, a person who owns 50% or more of the business, relatives of any of the above, or corporations that are involved with the plan in any of these functions.
Arbitration
Means of resolving conflicts without the expense of a lawsuit. Voluntary Arbitration: when both parties agree to submit the conflict to an arbitrator. Compulsory Arbitration: contract requirement or may be mandated by a court system to reduce backlog of civil lawsuits. Binding Arbitration: parties agree to accept the arbitrators decision as final. Nonbinding Arbitration: either party may reject the decision and continue the dispute by filing a lawsuit.
Recruiting Methods - External
Media Sources Internet Job Boards and Community Sites Social Media Recruitment Company Websites Colleges and Universities Job Fairs Alumni Employees Previous Applicants Employee Referrals Vendors and Suppliers Labor Unions Professional Associations Employment Agencies Walk ins
Risk Management
Mitigation: Minimizes risk. Acceptance: Manages risk as it occurs. Avoidance: Eliminates the risk. Transfer: Company uses insurance to cover the risk.
Costs for Sexual Harassment
Mitsubishi 1998: 34million, largest payout to date Astra USA 1998: 9,850million, quid pro quo and hostile work environment Ford 1999: 7,750million crude remarks, groping, illicit graffiti.
Modified Duty Assignment
Modifying the specific tasks or functions of a job to allow an employee to return to work quicker than expected.
OSHA Additional Standards
More Inspections: increased budget means increase in investigations. Emphasis on Safety Communication: 2010 National Action Summit for Latino Worker Health and Safety helped launch the Diverse Workforce Limited Proficiency Outreach program designed enhance vulnerable workers knowledge of workplace safety and rights. Provide training in all languages. Reporting of Injuries: Incentive programs may result in the under reporting of injuries. They will increase scrutiny of incentive programs to ensure they actually reduce injuries and not just reporting.
Fee for Service Plan (FFS)
Most expensive to employers and employees because it places no restrictions on doctors or hospitals.
Candidate Testing Programs
Must be job related and valid predictors of success in position Aptitude test: knowledge and skills required to do the job Cognitive Ability Test: measure an individual's ability to solve and analyze problems Personality test: how a candidate will fit into the position Integrity test: assess an individual's work ethic Psychomotor test: coordination and manual dexterity Physical Assessment: physically able to perform job duties
Waiver of rights under ADEA
Must be written in an understandable manner and refer specifically to the waiver requirements contained in the ADEA Only valid if payment is exchanged and is of valuable consideration Must include: •advice to consult with attorney prior to signing •period of 21 days to review the agreement •period of no less than 7 days to revoke
Fire Prevention Plans, 1910.39
Must describe the major fire hazards and appropriate procedures for handling and storing hazardous material. -Develop and implement procedures to control the accumulation of flammable or combustible refuse and ensure devices on heat producing machinery is maintained. -Must also notify new employees of any fire hazards they may encounter and what actions to take.
ERISA- Report 2: Annual Reports
Must include: -financial statements -number of employees in the plan -name and address of plan fiduciaries Any person compensated by the plan needs to be disclosed, along with amount, nature of service, and relationship of parties. Must be audited by CPA, actuarial reports must be prepared by an enrolled actuary who has been licensed by both DOL and Dept. of Treasury. DOL can simplify reporting for plans with fewer than 100 participants. Once submitted, they become public record.
Agency Shop Clause
Must join the union or pay dues if they choose not to join.
Wage Garnishment
Found in title III of the Consumer Credit Protection Act of 1968 and applies to all employees and employers. Protection for employees: -Cannot be terminated due to a garnishment -Sets limits that can be garnished in any single week -Defines how disposable earnings are to be calculated. Debt Garnishment Calculations: up to 25% of disposable earnings, multiplying the federal minimum wage by 30. Child Support Garnishment Calculations: up to 50% of disposable earnings if supporting spouse or child and up to 60% if not. If more than 12 weeks in arrears, additional 5% can be deducted.
Hazard Communication Standard, 1910.1200
Must provide employees with information on physical and health hazards related to the use of chemicals. Must develop and maintain a written HCS plan and is updated.
Job Pricing
Four step process used to determine level of pay for position 1. Review JD and understand level of responsibility and skills required. 2. Select a salary survey, be mindful of type and number of participants. 3. Review compensation components such as base pay, variable pay, equity pay. Review the number of matches. 4. Recommend a salary range.
Legally Required Benefits
Franklin D. Roosevelt-New Deal Program introduced in 1930 to aid millions of americans who had lost their jobs and were unable to find work during the great depression.
2. Design
Gather data 1. Compile a task inventory- must include a action verb, object, function. 2. Identify the target audience-create training around that. keep in mind learning styles; visual, auditory, kinesthetic. 3. Develop training objectives 4. Develop the course content- keep in mind Learning curves (next slide) 5. Develop evaluation criteria
Medina Rene v. MGM Grand Hotel
Gay employee was harassed by coworkers and supervisor for 2 years. Attorneys argued that sexual orientation was not covered under title Vii but the courts stated he was subjected to offensive sexual conduct.
Environmental scan identifies:
General Business Enviornment Industry practices and developments Technological advances Economic environment Changes in the labor force pop Legal and regulatory environment
Sourcing and Recruiting - Total Reward Packages
Gives companies the ability to attract and retain employees Must lead the market in benefits/perks
Supervisory Training
Giving employees new in supervisory roles the tools and training needed to succeed. Training on Interactions with employees, legal requirements, ADA, FMLA, management skills
The Organizing Process Authorization Cards
Goal of the union during the organizing process is to obtain signed authorization cards from employees. Means to which the NLRB can determine there is enough support for a union to hold election. Will hold election if 30% of the eligible employees sign the cards. Typically it would like to have at least 50% of signed cards.
Green Circle/Red Circle Pay
Green circle rate of pay: pay that falls below the minimum of the salary range. Also can occur if the employees skills or experience fall short of the position requirements. Red Circle: When employees pay falls above the maximum of the salary range. May occur due to a demotion and pay decrease not associated with it.
Visas for Temporary Workers
H-1B: special occupations, DOD workers, fashion models H-1C: nurses going to work for up to 3 years H-2A: temp agricultural workers H-2B: temp worker- skilled and unskilled H-3: Trainee J-1: exchange visitors, intracompany transfers L-1A: executive managerial L-1B: specialized knowledge
Biological Health Hazards
HIV/AIDS HBV Tuberculosis SARS-Severe Acute Respiratory Syndrome Avian Influenza(H5N1 Preparing for a Pandemic-many ways employers can prepare guidelines for minimizing the spread of diseases/infections.
Quality of Hire
HR must first develop criteria to identify what constitutes a quality hire. Using job descriptions, assessment tools, clear communication of expectations and pre-established criteria
Federal Workers Comp Requirements
Private employers-federal government, longshoring industry, coal mines, and department of energy. Laws: FECA, Federal Employees Compensation Act, 1916: DOL, federal employees equivalent of workers comp. Longshore and Harbor Workers Comp Act, 1927: Workers comp for maritime workers whose injuries occur on navigable waters. Black Lung Benefits Act, 1969: Benefits to coal miners, also for surviving dependents Energy Employees Occupational Illness Compensation Program Act, 2000: Benefits for employees and contractors of the dept of energy.
4 Basic Structures of Business Sole Proprietorship
Sole Proprietorship's: Most basic and easy to organize. Owner is a single sole owner and has final say. Owner has all personal liability for all business decisions and activities.
Summative Evaluation
Used at the end of the training. Common model developed by Donald Kirkpatrick. Four levels- Reaction: measures initial reaction of the participants. commonly determined by a survey taken at the end of the training. Learning: uses a test to measure learning (pre/post test comparison-study). Behavior: measures job performance between 6 weeks and 6 months after training. Results: provides most meaningful feedback to business. Did the training have an impact on business results. Compares an objective statement.
Formative Evaluation
Used throughout the design phase of training. Involves testing prior to final delivery to ensure it will result in desired behaviors. Needs Assessment: review of who needs the program, what to address, best method. Asking People: observations, interviews, supervisors, SME, attitude surveys, focus group, advisory committees. Analyzing Jobs: full job analysis Pilot Test: feedback collected once design is created and tested on focus group. Pre-Test: Used to measure participant knowledge prior to design.
Compensation Strategy
Used to determine how the resources available for rewards programs can be used to best advantage in attracting, motivating, and retaining employees.
Strategic Interventions
Used to implement changes made to the vision, mission and values of the organization during the strategic planning process. Designed to align various elements in the organization with the new direction. 3 Interventions: 1. Change Management 2. Knowledge management 3. Learning Organizations
Hay System
Uses a complex point factor system. Jobs are evaluated using 3 factors: knowledge, problem solving and accountability.
Money Purchase Plan
Uses a fixed percentage of employee earnings to defer compensation.-companies with stable earnings.
Demand for Recognition
Usually comes in the form of a letter to the employer, demands recognition as exclusive bargaining agent for employees. Must redirect union rep to HR dept. May ask for a neutrality agreement-employer agrees not to say or do anything opposing the union. Or may ask for a card check election-recognize the union based on cards signed. By agreeing to this, it may be seen as a voluntary recognition of the union formation.
Variable Compensation
Variable compensation, incentive pay, pay for performance - reward employees for individual or organizational results.
Meritor Savings Bank v. Vinson
Vinson, hired at a bank, once trainee period was over, she began to get harassed by the VP. *The court rejected the idea that mere existence of a grievance procedure and policy against discrimination is not enough to protect an employer; policy designed to encourage victims of harassment to come forward would offer greater protection.
Compensable Vs. Non-compensable Time
Waiting Time: Time spent by non-exempt employees waiting for work is compensable if they have been asked to wait for the assignment. (engaged to wait, waiting to be engaged). On call Time: On call away from work is non-compensable, if they are required to wait at work then it is. Rest/Meal Periods: Breaks lasting less than 20 minutes is compensable, meal breaks over 30 minutes are not. Unless they are required to work through lunch. Lectures/Meetings/Training: Not compensable if all four conditions are met: outside of normal work hours voluntary not job related no other work if performed
Bills
When a president receives a bill, it has 3 choices, sign into law, veto it, fail to sign it. If vetoed, congress can override by two thirds vote and becomes bill anyway. If failed to sign, and remains unsigned for 10 days will become law without the presidents signature OR Pocket Veto: If congress adjourns before the 10 day period is up the bill wont become law.
Secondary Boycott
When a union tries to compel an employer who isn't involved in a dispute to stop doing business with another employer that is a part of the dispute. Defined as ULPs by the Taft Hartley Act.
Duty of Successor Employers
When acquisitions occur, new company may be required to maintain the union contract. Whether NLRB will consider it the new successor depends on: *Substantial continuity in operations *Number of employees in new company *Similarity of operations and products *Agreement with previous employer Although changes can be made, must be made through collective bargaining and not unilaterally by employer.
Common Law Doctrine - Constructive Discharge
When an employer makes the workplace so hostile and inhospitable that an employee resigns.
Types of Boycotts(5) Ally Doctrine
When an employer whose workers are on strike contact another employer to produce the services/products, the neutral employer becomes a legitimate target of a picket line.
Lockouts and Boycotts
When communication between union and management breaks down or when workplace conditions become so hazardous only option is a work stoppage. Lockout: management shuts down operations to keep union from working. Boycotts: union and employees work together against the employer to make their dissatisfaction known.
Job Enrichment
When employees show potential and interest in a growth opportunity, the are given new responsibilities that challenge them to develop new skills. Job factors: Skill Variety- ability to use multiple skills to complete a task. Task Identity- effort applied by worker produces a whole identifiable unit/outcome. Task Significance- inherent or perceived value of a job. Autonomy- degree of independence. Feedback- communication from management.
Certification Year Bar
When the NLRB has certified a bargaining rep, an election won't be ordered for at least 1 year.
Blocking Charge Bar
When there is a pending ULP charge.
(4) Strategy Evaluation
Whether the organization is achieving the desired goals and moving the strategy forward. Important because the the action plan is not working, they must be prepared to respond promptly and adjust.
Reasonable Expectation of Privacy
Whether there was a privacy policy in place. Must have a legitimate business reason to search and a clearly communicated policy.
EO 13152
-2000 Added 'status as a parent' to protect individuals with disabilities -parent is a biological, adoptive, foster or stepparent
USERRA Coverage
-All employers -Members of all uniformed services -prohibits discrimination due to past, current, or future military obligations -protects any voluntary or involuntary service
Glass Ceiling Act
1991-Senator Robert Dole 3 barriers: 1. Societal: limited access to educational opportunities and biases related to gender, race, ethnicity. 2. Internal Structural: corporate practices and shortcomings over which management has some control. Also cultures that exclude women and minorities from participation. 3. Governmental: inconsistency enforcement of equal opportunity legislation and poor collection of statistics.
USERRA (Uniformed Services Employment and Reemployment Rights Act)
1994 Protect the rights of reservists called to active duty in the armed forces. Administered through VETS(Veterans Employment and Training Service) of the DOL. Revised rules issued 01-2006
Minimum Wage
$7.25 - federal minimum Alaska(9.89), California(11),Massachusetts(12) - Higher minimum wage Arkansas, Georgia, Minnesota - Lower minimum wage. Compensable Pay: time an employee works that is "suffered or permitted" by the employer.
Staffing needs analysis
*Tactical action plan to meet organizational goals and objectives. 2 Key Pieces: work that needs to be done, how many people it will take
Employer Responsibilities and Rights During and After Inspection
- Required to cooperate with CSHO and provide all records needed, and to allow employees to accompany inspectors during the tour. -If citation occurs, employers must post at or near the worksite where violation occurred. must remain for 3 working days or until abated. -Employers may file a notice of contest within 15 days of citation. if there will be unavoidable delays with abating the violation(materials, equipment, etc.) -Within 15 days of receipt of violation, employees have the right to object in writing to the abatement period set by OSHA.
EO 11246
-1965 -prohibits discrimination based of race, creed, color, national origin -affirmative steps be taken in recruiting, job postings, training, promotion, compensation and termination
EO 11375
-1967 -amended 11246 to include sex
EO 11478
-1969 -included handicap individuals and 40+ years of age
EO 12138
-1979 -National Womens Business Enterprise Policy created -Required federal and subcontractors to take steps to promote and support women business enterprises
EO 13087
-1998 -included sexual orientation
Sarbanes-Oxley Changes to Business Ethics
1. PCAOB-Public Company Accounting Oversight Board; conducts periodic inspections to ensure compliance - required registration of all public accounting firms. 2. Independence of auditors from business. 3. Established standards for corporate responsibility, holding CEO directly responsible for reports filed with SEC. 4. Required CEO/CFO to reimburse company for compensation due to misconduct. 5. Prohibited insider trading of stock during pension fund blackout periods. 6. Ethical requirements for CFO 7. Took steps to ensure fairness, accuracy, and independence of stock analysis. 8. Established criminal penalties. 9. Protects employees who report conduct.
FACT Act Amendment Protection from Identity Theft
1. Paper docs must be shredded 2. Electronic files must be erased 3. Either type must be destroyed by an outside vendor once due diligence has been conducted
4 P's of Marketing
1. Product: physical product, service or both. What product will do, how it will look, etc. 2. Price 3. Placement: distribution, where to find the product. 4. Promotion: advertising, PR, selling, incentives.
Change Manangement -Structural changes
1. Re-engineering: eliminating unnecessary processes to increase efficiency and customer satisfaction. 2. Restructuring: individual units reduced to eliminate redundancy and reduce costs. 3. Workforce expansion: stress caused by growth within a short period of time. 4. Workforce reduction: reduce expenses by reducing the workforce
Collective Bargaining Strategies
1. Single Unit Bargaining: most common, one union meets with employer to bargain. 2. Parallel Bargaining: AKA pattern/whipsawing/leapfrogging, union negotiates with one employer at a time. Once agreement is reached, the union uses the gains to negotiate with the next employer. 3. Multi-Employer Bargaining: union negotiates with more than one employer in an industry or region at a time. 4. Multi-Unit Bargaining: several unions represent different bargaining units in the company.
Substance Abuse Program
1. Support from top management 2. written policy against it 3. training for managers 4. Education programs for new hires 5. EAP 6. Drug testing program
Global Considerations for hiring (3)
1. The home or parent country is where the HQ is located. Employees here are known as expatriates or parent-country nationals. Employees returning to a home country are called inpatriates. 2. Host country is where the corporation is operating. Employees here are know as host-country nationals. 3. Employees from anywhere other than the host or home country are known as third country nationals.
Penalties and Recovery of Back Wages - 4 methods
1. The wage and hour division of the DOL can supervise the payment of back wages 2. The DOL can file a lawsuit for back wages and liquidate damages equal to the wages 3. Employee can file private lawsuit to recover wages, plus equal amount of liquidated damages, attorney fees and court costs 4. The DOL can file an injunction preventing an employer from unlawfully withholding minimum wages and OT payments 2 year statute of limitations for back pay unless the employer willfully violated FLSA-which will extend to 3 years First violation can be fines up to $10k Second can face imprisonment Civil penalty of $1100/employee Civil Money Penalty(CMP) of up to $11k for each employee who is subject to child labor violation
Criminal Penalties for HIPAA Violations
1. conviction for obtaining or disclosing PHI can result in a fine of up to 50k and 1 year in jail. 2. Obtaining PHI under false pretenses can result in fines of up to 100k and 5 years in jail. 3. Obtaining or disclosing PHI with the intent of selling, transferring, or using it to obtain commercial advantage or personal gain can have fine of 250k and 10 years in jail.
4 Essential Questions answered by strategic planning
1.where are we now 2.where do we want to be 3.how will we get there 4.how will we know when we arrive
CRA damage awards
15-100 employees: $50k 101-200: $100k 201-500: $200k 501+: $300k
Occupational Safety and Health Administration (OSHA) 1970
1907-362 miners died in an explosion at the Monongah coal mine in West Virginia. Bureau of mines created in 1910 to investigate mining accidents. 1907-4218 deaths due to railroad accidents. 1869- federal government established the bureau of labor to investigate workplace accidents but had little power to change things, After World War II, employees had options for work and chose to work for those that offered safer working conditions. 1960-14k lost their lives each year to workplace injuries. The act establishes 3 duties: -Must provide all employees a place that is free from recognized hazards that are likely to cause death or serious physical harm. -Must comply with all safety and health standards int he act. -Employees are required to comply with the standards and rules that impact their individual action or behavior.
Scanlon Plan
1930-Joseph Scanlon One of the earliest pay for performance plans Employees receive a portion of cost savings achieved through productivity gains and cost savings. Requires full disclosure of financial information to employees. Administered by committees that represent the employee population.
W. Edwards Deming
1940 Quality is defined by the consumer 14 point plan that placed the burden on the management because they had the ability to control the systems. Adopted by Japan in 1950
FCRA, FACT, FTC
1970 Fair Credit Reporting Act Amended in 2003 to add the Fair and Accurate Credit Transactions Act Enforced by Federal Trade Commission 3 Terms: Consumer reporting agency: individual, business or nonprofit organization that gathers information to supply to a third party. Consumer report: written document produced by CRA with information about character, reputation, lifestyle or credit history used for employment decision. Investigative consumer report: produced by CRA; same as CR but information is gathered through interviews with friends, coworkers, employers and other acquainted with individual.
Legal Cases Related to Assessment Tools/Requirements
1971 Griggs v. Duke Power Co. - High school diploma and pass 2 aptitude tests. 1975 Albemarle Paper v. Moody - Invalid testing requirements. 1975 Washington v. Davis - Personnel tests at police academy were found to be valid predictors of job requirements.
Oncale v. Sundowner Offshore Service, Inc.
1997- first case of same sex harassment reached the supreme court. Same sex cases: Long Prairie Packing Co. 1999: 1.9 million Jones v. Yellow Freight Systems 2000: 1.7485 million Chevrolet Dealership in Denver 2000: 500k
Collective Bargaining Positions
2 basic approaches to negotiating: 1. Positional Bargaining: Strategy represented by demands made by each side. Each view the object of negotiation as something finite and must be shared. Concentrate on winning the position for their side. Makes it adversarial. AKA: hard bargaining or distributive bargaining - is a zero sum game: in order for one side to gain the other must lose. 2. Principled Bargaining: is characterized by parties who are more interested in solving a problem than they are in winning a position. Remain open to brainstorm and come to an agreement. Most common forms are: *Integrative Bargaining-look at all issues and can make a mutually agreeable trade off. *Interest Based Bargaining-both parties have harmonious interests.
Trainers and the Copyright Act
2 circumstances that don't require permission: 1. Works in public domain - protect for the life of author + 70 years after. Works-for-hire are protected for the shorter of 95 years from first year of publication or 120 years from creation. Also, anything produced as part of job duties of a federal official and expired copyright protection. 2. Fair use doctrine - use for criticism, commentary, news reporting, or teaching isn't infringement depending on four factors: 1. profit or non-profit educational purpose? 2. Work of fiction or fact, how much creativity was involved? 3. How much of the work will be used? 4. What effect will the use of material have?
Faragher v. City of Boca Raton
2 female employees who were verbally and physically harassed by 2 male supervisors. They both complained to a 3rd supervisor but did not file a formal complaint. Court ruling that distinguished between supervisor harassment that results in tangible employment action and supervisor harassment that does not. Employers are responsible for employees and their actions.
Professional Exemption
2 types who may qualify for exemption: Learned Professional Exemption -Advanced knowledge in a field of science or learning acquired through a prolonged period of intellectual instruction -Primary duty requires use of advance knowledge and consistent discretion and judgement Creative Professional Exemption -Primary duty requires invention, imagination, originality or talent in a recognized field of artistic or creative endeavor
Record Keeping
2 ways to report time worked: Positive time reporting-employees record the actual time they are working-Ideal for nonexempt employees Exception reporting-only changes to the regular work schedule are recorded-Ideal for Exempt employees All records must be kept for: -personal information -hours/day workweek begins -total hours worked -total daily straight time earnings -regular hourly pay rate -total OT pay -Deductions/addition to wages -Total wages paid -Pay period dates and payment date
Union Security Clauses(4)
2. Requires members of the union to provide financial support to carry out its obligations:
Organizational and Recognition Picketing
3 instances where it is unlawful: 1. when another union has been lawfully recognized as the bargaining rep for the org. 2. representation election held within previous 12 months. 3. rep petition isn't filed within 30 days of picketing.
No Strike/Lockout Clause
3. Important to both parties because they prevent economic protection from work stoppages.
Actual Practice of Improper Deductions
4 Factors: -The number of improper deductions compared to number of employees infractions warranting deductions. -The time period during which the improper deduction was made. -The number of employees affected. -The geographic location of the affected employees and managers responsible for the deductions.
Corporation
4 characteristics: 1. liability is limited to assets owned by the corp. 2. Life of corp can extend beyond life of original owner. 3. Central management structure. 4. Ownership can be transferred freely by selling stock. Legal entities that may incur debts, sign contracts, and be sued same as individuals can.
Contract Administration
4. Describes how the contract will be administered. Provides disciplinary actions, grievance resolution/arbitration, how clauses may be modified.
Maximum Hours/Overtime
40 hours/week. Some states may require double time. California: overtime pay for hours exceeding 8 in one day. requires double time pay for hours worked over 12 in one day. The federal requirement doesnt prohibit exempt employees from receiving OT pay. Compensatory Time off: public employers only can use this instead of cash payment for OT. Can extend PTO as form of payment. OT calculations are based off time actually worked.
ADEA of 1967 - Covered Employees
40+ Private business, unions, employment agencies, state and local government 20+ employees
Peter Senge's - The Fifth Discipline
5 disciplines that enable organizations to increase their ability to realize desired results, cultivate new ideas, expand on individual ideas, encourage lifelong learning 1. Systems thinking: ability to recognize patterns and project how it will impact them 2. Personal Mastery: high level of expertise in direct field 3. Mental Models: deep seated beliefs that color perceptions and affect how individuals see the world 4. Building a Shared Vision: inspires commitment 5. Team Learning: ability to share and build on each others ideas.
ADDIE
5 elements that describe the instructional design model: ADDIE Analysis Design Development Implementation Evaluation
Dues Check Off
5. Most prefer employees to have union dues auto deduct, written consent must be given.
Zipper Clause
6. Both parties agree that the CBA is the entire agreement and anything not included isn't part of it. To prevent the reopening of negotiations during the term of the contract.
Common Law Doctrine - Defamation
A communication that damages an individuals reputation in the community, preventing them from obtaining employment or other benefits.
Short Range Goals (2)
Develop tactical goals: what will be accomplished to achieve the strategy. Develop action plans: breaks down tactical goal into practical steps.
Privacy Policies
An effective policy states that the employer reserves the right to search, describes the activities/resources the company will monitor, tells employees that there should be no expectation of privacy. Should be specific about: -Monitoring Telephone Calls: some states require both parties be aware, and employer must drop off as soon as they are aware it is a personal call. -Monitoring Email/IM: Best to have a business reason to monitor emails. Must be stated that the use of company equipment for email/IM use can be monitored at any time. Customer confidentiality must be kept. -Monitoring Internet and Computer Use: Statement of acceptable use, reasons to restrict access, whether personal use is allowed. Hard drives are included and passwords must be given at any time. -Monitoring Use of Social Media: Control over company owned equipment regarding accessing social media accounts. -Monitoring Use of Cell Phone Cameras:Stating inappropriate use of cameras can be effective. -Video Surveillance: Must be made known to employees, how info will be used. -Searching Property: legitimate business reason, policy must state what will be searched and why.
Recordkeeping continued
Annual Summary: at the end of each year employers must review the log and form 300s and summarize entries onto the form 300a. Must be certified by an executive and posted in the following year. Retention: form 300/annual summary/privacy case list/form 301 must be retained for 5 years following the calendar year they cover. Employee Involvement: Required to provide employees and their reps, former employees with info on how to report an injury or illness. Also required to provide limited access to reports. *form 300 must be provided to requestors by end of following business day. *form 301 must be provided by end of next business day when the employee involved is requesting it. When an employee rep is requesting, it must be provided within 7 calendar days.
Labor Market
Any sources from which an organization recruits new employees; may be several different markets for one single position.
Safe Harbor Provision
Applies if all are met: -There is a clearly communicated policy prohibiting improper deductions that includes a complaint procedure for employees to use. -The employer reimburses employees for improper deductions. -The employer makes a good faith commitment to comply in the future.
Vietnam Era Veterans Readjustment Assistance Act of 1974
Applies to federal contractors or subcontractors with contracts of $25k or more. -Must post all job listings with state employment agencies, unless senior level management positions, or positions last 3 days or less -Requirements: must have served active duty between 1964-1975 -Provides additional protections for disabled vets who have 10,20 or 30% disabled
Drug-Free Workplace Act-1988
Applies to federal contracts of 100k+ Must do the following to be in compliance: -Develop and publish a written policy: must clearly state it is a drug free workplace, free of what substances, and what the consequences will be. -Establish and awareness program: develop program, discuss policy, counseling or other programs to reduce drug use, penalties for violations. Notify employees about contract conditions: made aware that they must abide by the policy as a condition of their employment, must notify employer within 5 days of a criminal drug offense. Notify the contracting agency of violations: if convicted, employer must notify the contracting agency within 10 days of being informed of the conviction. Establish penalties for illegal drug convictions: Employer must take disciplinary action against employee within 30 days of notice of a conviction, must be in accordance with the rehabilitation act of 1973. Maintain a drug free workplace: must make a good faith effort to maintain a drug free workplace.
FLSA (1938)
Applies to workers who aren't already covered by another law. Ex. Railroad/Airline workers already covered under the Railway Labor Act. Enterprise Coverage: Applies to businesses employing at least 2 employees with at least $500k in annual sales and to hospitals, schools, government agencies. Individual Coverage: Applies to organizations whose daily work involves interstate commerce. interstate commerce are those who have regular contact with anyone who has out of state customers, vendors, suppliers; covers everyone.
External Sources
Appropriate when the need for one-on-one coaching is highly technical or psychological in nature. Necessary to have an objective perspective of the manager being coached. Tests can be used to further assess
Non-Qualified Deferred Compensation
Are not protected by ERISA and are generally only made available to a limited number of employees at the executive level. Top Hat plans 2 types: *Grantor or Rabbi Trusts: Rabbi Trusts, established to provide retirement income for officers, directors and HCE's. Funds are unsecured and subject to claims made by organizations creditors. Benefits are taxable as ordinary income at the time they are paid to beneficiaries. *Excess Deferral Plans:Allows the organization to make contributions to a non qualified plan in order to reduce the impact of discrimination testing on HCE's. **2004, American Jobs Creation Act- provides material changes to the tax treatment of non qualified deferred plans and arrangements. To avoid taxation, it must be subject to substantial risk of forfeiture.
Flexible Spending Account (FSA)
Authorized by the Revenue Act of 1978 Allow employees to set aside pretax funds for medical expenses they plan to incur during the calendar year. Any remaining balance at the end of the year is not reimbursed and can be used by the employer for administrative costs Employees may be reimbursed for the expenses before the funds have been withheld from their paychecks and if the terminate, they are not required to pay back those expenses. Reimbursed items include: copayments and deductibles from medical, dental or vision plans, other medical expenses approved by the IRS.
Replacement Cost
Cost for training, lost productivity, temp replacements, OT for other employees
Increases to Base Pay
Cost of Living Annual Reviews: Seniority based system-simple, Performance based system-complex Things to consider before merit increase: -Employees position in the salary range: consider the employees salary and where it fits in the range currently. -Tenure in position: how long they have been in the position, last promotion, last increase. -Skill set and performance compared to peer group: HR managers and supervisor should be aware of the marketable skills and current compensation of the employee compared to their peers. Forced Distribution: only allowing increases within budgets will force managers to allocate increases to top performers.
Expatriate Issues (3)
Cost: cost of sending someone to work in a foreign country can be substantial. Foreign Business Practices: Ways of doing business in different countries can vary significantly. Training on laws and culture is necessary. Cultural Acclimation: Difficult for the family which could cause termination. Women in positions of leadership are not always accepted in foreign countries.
Alternative Dispute Resolution
Covers a range of methods used to solve disagreements without litigation. Peer Review Panel: Consists of management and nonmanagement employees who are trained in company policies, procedures and work rules. Ombudsman: impartial person not involved in the dispute who speaks with both parties.
Proper disposal of records
Covers employment records related to sensitive personal data, consumer credit, references, and background checks. Burn, pulverize, shred, destroy or erase electronic files, dispose of documents with a third party contractor
NIOSH (National Institute for Occupational Safety and Health)
Created by OSHA to research and evaluate workplace hazards and recommend ways to reduce those hazards for workers.
Welfare and Pension Disclosure Act 1958
Created to assist employees in receiving their benefits owed to them.Benefits were being deducted from employees but not being paid out due to business closing down. Required administrators of health insurance, pension, and supplemental unemployment insurance plans to file descriptions of the plans and annual financial reports to DOL.
Davis v O'Melveny & Myers (2007)
Davis worked for a law firm she signed a ADR. After quitting, she filed a lawsuit regarding FLSA violations. The company required her to submit her claims to arbitration. District court agreed. She appealed and the ninth circuit stated the ADR was procedurally unconscionable because it did not allow employees any other option.
Development - Program Delivery Mechanisms
Deciding which training method to use is determined by a number of factors Classroom Self study Programmed instruction-computer based training Virtual training - Synchronous (occurring at the same time with the instructor) Asynchronous (self paced) *Example: Bus Ride, Virtual Training developed by Janssen Pharmaceuticals, Inc. gave mental health professionals a glimpse of schizophrenic patients episodes and what they go through.
DMAIC
Define: define the customer and issues of importance Measure: data is collected and compared to original parameters Analyze: Identify gaps between the goal and actual performance Improve: solutions created Control: systems are revised to incorporate new improvements and employees trained
Employee Stock Ownership Plans
Defined contribution plan that allows employees to own company stock. Employer sets up a tax deductible trust that accepts tax deductible contributions made by the company. At the time of termination employees are able to receive their vested portion which is then taxable.
Other Health Benefits
Dental Insurance Vision Insurance Prescription Coverage Life Insurance -IRS views group life insurance that exceeds 50k as Imputed Income: any indirect compensation paid on behalf of employees. Accidental Death and Dismemberment Insurance Short and Long Term Disability
Compensation
Dependent on internal/external value and KSA of employees. Economic Factors: growth, inflation, interest rates, unemployment, cost of living. Impact the cost of labor.
Comparable Worth/Pay Equity
Describes the concept of minimizing pay disparities between jobs traditionally held by women, with higher paying jobs traditionally held by men. Jobs with similar duties and KSA's should be paid similarly.
3 Levels of Training Programs
Determine which level of training is needed: -Organizational Level: may encompass the entire organization or a single department. Focused on preparing for future needs. Indicated by a decline in effectiveness, increase in accidents, change in strategic direction, or new product. -Task Level: involves processes performed in a single job category - indicated by low productivity or poor quality. -Individual Level: involves review of performance on individual level - indicated by poor performance.
Components of an AAP
Determined by the OFCCP: `Organizational Profiles `Job Group Analysis `Placements in Job Groups `Determination of Availability `Comparison of Incumbency to Availability `Placement Goals `Designation of person responsible for implementations `Identification of Problem areas `Action Oriented Programs `Periodic Internal Audits
Cash Balance Plan
Determined by using a hypothetical personal pension account each month, the account is increased by a set rate, also accumulates interest.
Established process agencies follow to develop regulations
Develop rules and publish them in the Federal Register The public is able to comment on regulations Agency publishes final rules and those take effect no less than 30 days after the public notice
Employee Rights and Responsibilities
Employees have the responsibility to follow the safety and health policies set by their employer. They also gained the right to the following: -seek safety and health on the job without fear of punishment. -Know what hazards exist on the job. -Be provided with the hazards communication plan and preventative measures employers should be taking, and to be trained in those measures. -Access the exposure and medical records employers are required to keep. -Request and OSHA inspection, speak privately with an inspector, accompany the inspector during the inspection, and respond to any questions they may have. -Observe sets taken by the employer to monitor and measure hazardous materials in the workplace, and access records on those measures. -Request info from NIOSH about toxic substances. -File a complaint about workplace safety.
Dependent Care Account
Employees may set aside a max of 5k to be used by dependent children or elders. Employees may not reimbursed for expenses held in excess. Must sign up at beginning of year, when hired, open enrollment. 2 types of annual discrimination tests are required: *eligibility tests *utilization tests
EEOC Guidelines for Prevention of Sexual Harassment
Employers are encouraged to create antiharassment policies, along with compliant procedures for those who believe they have been harassed. Assurance of protection against retaliation and clear guidelines of what is unacceptable. Liability may be avoided by: -employer tried to prevent or promptly correct any harassing behavior. -employee failed to take advantage of the preventative or corrective opportunities by the employer to avoid harm.
Emergency Action Plans, 1910.38
Employers are required to have emergency action plans in place to inform employees of appropriate procedures to follow during a fire or evacuation. -Must designate an employee who will remain behind to shit down critical operations. -Must also develop a process to account for all employees. -Must provide training -Must designate a contact for questions
Reducing Unemployment Rates
Employers can carefully manage their employment process. Reducing turnover, hiring the right candidates, effective performance management programs, challenging unemployment claims that shouldn't be paid out.
Employer Unfair Labor Practices
Employers who attempt to restrain or otherwise interfere with the right of an employee to organize or bargain collectively can be ordered by the NLRB to bargain with a union even if an election didn't take place. TIPS: employers may not threaten, interrogate, promise or spy on employees. -Interfere with, restrain, or coerce unionization efforts -Dominate or assist a labor organization -Discriminate against employees -Discriminate against NLRB activity -Refuse to bargain in good faith -Enter into a hot cargo agreement: at the unions request, employers stop doing business with another employer.
Petermann v. Int. Brotherhood of Teamsters
Employment at Will, Public policy exception related case: Mr. Petermann alleged he was terminated for refusing to commit perjury on behalf of the union at the legislative hearing.
Reference Checks
Employment references Educational references Financial references
Rehabilitation Act of 1973
Enacted to expand the opportunities available for persons with physical or mental disabilities -applies to agencies of the federal government and federal contractors with contracts of $10K during a 12 month period 501: addresses employment discrimination (EEOC) 505: details remedies for those who have been subjected to unlawful practices 503: if violations occur, claims can be filed through DOL through the OFCCP
Older Worker Benefit Protection Act 1990
Enforced by EEOC Passed in response to ADEA, prohibits age discrimination in all employee benefit plans unless significant costs are justified. Allows seniority systems as long as they don't require involuntary terminations based on age. Waiving of Rights: -Average employee must be able to understand. -Must refer specifically to the rights or claims under the ADEA. -Cannot waive rights that occur subsequent to signing the waiver. -Employees must receive consideration in exchange for the waiver. -Right to consult an attorney. -In individual cases must be given 21 days to consider the agreement before signing; in group cases and if age 40 or older, must be given 45 days. -May revoke within 7 days. -In case of group terminations, employees must be advised of eligibility requirements for exit incentive programs, list of job titles and ages of employees who have been selected for the jobs.
Performance Management Programs
Ensures employees are on the right track to meet goals, goals aligned with organization, support needed. Ongoing feedback Using clear examples to provide feedback. Should focus on behaviors. Corrective feedback should be done privately while positive feedback should be done publicly.
Reporting premium
Ensures employees receive compensation for showing up to their regular shift or when called to the worksite.
Strategic Workforce Planning
Ensuring qualified employees are available when needed -goals and objectives that forecasts future needs -Job analysis to identify knowledge, skills and abilities needed -Identification of current qualified employees -Translating goals and objectives into tactical staffing plans
Elements of all strategic planning models: 4 Broad Categories
Environmental scanning Strategy formulation Strategy implementation Strategy evaluation
Environmental/Chemical/Physical Health Hazards
Environmental: -physical hazards such as noise and extreme temperatures to chemicals used from making copies to manufacturing products to biological hazards. Chemical: -Every chemical present should have a material safety data sheet(MSDS), with information on how to prevent and treat. Physical: -Ergonomics-the science that addresses the way a physical environment is designed and how efficient and safe it is. -Job related stress-harmful physical/emotional responses that occur when the requirements f the job do not match the capabilities, resources or needs of the worker. Job Stressors identified by NIOSH: Task design, management style, interpersonal relationships, work roles, career concerns, environmental conditions.
Personal Protective Equipment,1910.132
Established standards for personal protective equipment to be used when employees come in contact with hazardous materials, compressed gases, explosives and blasting agents, liquid petroleum, ammonia. -Must protect eyes, face, respiration, head, feet, hands. -protection from electrical shock is also required.
NIOSH Evaluations
NIOSH mandate used to identify and evaluate potential hazards and recommend actions to reduce or eliminate the effects of chemicals, biological agents, work stress, excessive noise, radiation, ergonomics and other risks, -Established HHE-Health Hazard Evaluation. Employer Rights during HHE: -Employers have the right to receive a copy of the request for an HHE -Receive verbal reports during the opening and closing. -Participate in the initial inspection. -Observe investigative procedures. -Identify trade secrets disclosed to NIOSH and require safeguarding. -Require inspections to be completed with minimum disruption. Employee Rights: -Participate in the inspection. -Provide info to NIOSH privately. -Receive verbal reports during the opening and closing. -Receive copies of all interim and final reports.
Consequences of Unfair Labor Practices
NLRB can order remedial action to be taken if employer committed ULP. One requirement is posting notices in the workplace advising that the ULP will be discontinued and what actions it will take to correct. Employer Remedies: may disband an employer dominated union, reinstate employees to positions held, engage in a collective bargaining process and sign a written agreement with the union. Union Remedies: may agree to reinstatement of employees it caused to be terminated or rejected for employment, refund excessive dues with interest sign written agreement.
Criminal record checks
Negative information should be carefully considered on case by case basis. How is crime related to position? How recent was conviction? How old was applicant at time of conviction? Level of risk if candidate is hired? Must comply with FCRA requirements
Outside Sales Exemption
No salary requirement for outside sales personnel, unlike all other exemptions -primary duty must be making sales or obtaining orders or contracts for services or for the use of facilities which is paid by the client -Employee must be regularly engaged away from the employers place of business
Picketing
Not the same as a strike Differences occur to inform other parties about the issues under dispute, strike occurs when an employee stops working. 3 types of picketing: 1. Common Situs Picketing: happens when an employer shares a building with other employers. Must clearly indicate which employer it is picketing. 2. Consumer Picketing: to advise consumers that goods have been produced by a business whose workers are on strike. 3. Hot Cargo Pickets: unlawful and prohibited.
Visas for extraordinary abilities
O-1: science, art, education, business or athletics
OSHA Assistance
OSHA provides multiple sources for employers -OSHA Consultants: OSHA provides training programs for consultants who work with business owners in establishing programs. Consultant will refer any violations to an inspector if employer does not abate. -SHARP: Safety and Health Achievement Recognition Program-Recognizes small, high hazard employers that have requested a comprehensive OSHA consultation, corrected violations, and developed an ongoing program. Must ask for additional consultations if changes are made. -Partnerships and Voluntary Programs: *Strategic Partnership Program: business and employees participate in solving health and safety problems with OSHA.current in 15 industries. *OSHA Alliance Program: collaboration with employer organizations in promoting health and safety programs. * Voluntary Protection Program: open to employers with tough, well established safety programs. Must meet criteria and once done, can be removed from routine inspection list.
Permit Required Confined Spaces,1910.146
OSHA requires permits for employees to enter spaces that may become filled with hazardous atmosphere that is immediately dangerous to life or health. Space must be tested prior to entering, and other employees are required to be close to entrance in case assistance is needed.
OSHA Consultation Vs. NIOSH HHE
OSHA: -Workplace hazards -Suggest ways to correct hazards -Assist in creating an effective safety and health program. -Reducing workers comp costs. -Improving employee moral. NIOSH HHE: -Identify cause of employee illness -evaluate potential for hazard from exposure to unregulated chemicals or working conditions. -Investigate adverse health effects form exposure to chemicals. -Conduct medical or epidemiological hazard investigations. -Investigate higher than expected occurrences of injury or illness. -Evaluate newly identified hazards. -Investigate possible hazard of exposure to a combo of agents. -Evaluate the potential for hazard from exposure to unregulated chemicals/working conditions.
Adverse Impact
Occurs when the selection rate for a protected class is less than 4/5ths or 80% of the selection rate for the group with the highest selection rate
Layoff Decisions Legal case associated with layoffs
Offering: Severance Package Outplacement Services Unemployment Insurance Help ease the transition. Taxman v. Board of Education Piscataway: decided to layoff white employee and keep black, filed for discrimination and won.
Offshoring and outsourcing
Offshoring or outsourcing decisions result in reduction of workforce or transfer to other jobs
Non-forfeitable
One that exists because of a participants service.
Qualified Deferred Compensation Plans- Defined Benefit Plan
One that meets all ERISA requirements and protects employees from loss of benefits due to mismanagement of pension funds. One in which an employer provides a pension for employees based on a formula. Two factors: salary and length of service. Based on last 5-10 years of service or career average earnings, a flat dollar amount for each year.
Fiduciary Responsibility
One that requires confidence or trust. HR must act ethically and with integrity on behalf of the organization. 3 ways of breach: 1. Acting in your own self interest 2. Conflicting duties 3. Profiting from your HR role
Communicating with Employees
Open door policy Management by walking around Department staff meetings All hands meeting Brown bag lunches Newsletters Intranet Word of mouth Email
Tools for Successful Change
Prepare for change Communicate Develop a plan Have an executive sponsor Motivate direct supervisors Recruit unofficial leaders Implement Evaluate
HR Audit
Organization of HR function: Should evaluate the size and effectiveness of the HR team, ratio of HR staff to employees, professional development for the team, meeting customer needs. Workforce Planning and Employment: Examine the recruiting philosophy and process, job posting/sourcing, diversity programs. HR Development: L&D Practices, existence of regular training programs, performance management practices. Compensation and Benefits: Consistency with practices and level of communication of the organization.Salary survey and frequency are examined. Employee Relations: ER philosophy for alignment with corporate goals and reviews practices for conflict resolution and disciplinary procedures. Labor Relations: Labor unions, collective bargaining, and union avoidance practices are examined. HR Risk Management: Legal compliance for all applicable federal, state, local governments is reviewed.
Labor Laws Sherman Antitrust Act 1890
Originally intended to control business monopolies that conspired to restrain trade in the US. Allowed injunctions-court orders- that either require or forbid an action by one party against another. First used in 1894 against the American Railway Union, to end the strike against the Pullman Palace Car Co.
Labor-Management Reporting and Disclosure Act 1959 (Landrum-Griffin Act)
Outlined a Bill of Rights for union members and established procedures for union elections, discipline, and financial reporting. Gave employees right to sue unions and provided safeguard against retaliatory disciplinary actions by the union. Prohibited extortionate picketing and required union leaders elections be conducted every 3 years for local unions and every 5 years for international ones.
Partnerships
Owned by 2 or more people who share final authority and are responsible for all business activity. Liable for own actions as well as those of their partners. Types: -GP General Partnership: share ownership based on agreement. -Limited Partnership/Limited Liability Partnership: Most partners are involved as investors and have little say in day to day. -Joint Venture: similar to GP but only for a specific project and a specific time frame.
Visas for Athletes or Entertainers
P-1: individual or team athletes, entertainment groups P-2: artists/entertainers in reciprocal exchange programs P-3: artists/entertainers in culturally unique programs
Employee Eligibility for Unemployment Benefits
Paid for a maximum of 26 weeks and recipient must be actively pursing employment. As of 2012, max weeks is 99.
2 Types of Delayed Vesting - Cliff, Graded
Participants become 100% vested after a specified period of time.max 5 years Partial vesting each year for a specified number of years. 20% after 3 years and 20% each year following, full vesting after 7 years.
Taft-Hartley Act 1947 (Labor Management Relations Act)
Passed in response to employer complaints of union abuse. Slave labor law Prohibits closed shops and allows union shops only with the consent of the majority of employees. Right to work laws Jurisdictional and secondary boycotts were prohibited. Can allow temp workers brought in during strike to be permanent unless strike is caused by unfair labor practices. Federal Mediation and Conciliation Service created - to prevent disruptions in service ** power granted to the president to end a strike or lockout for an 80 day cooling off period if the continuation of the strike is imperil to the national health and safety.
Internal Sources for coaching/mentoring
Peer-to-peer coaching
Human capital projections
People getting the work done on behalf of the organization. Budgetary activity where HR attempts to measure the value of the resources. Measuring current competencies and acknowledging gaps to fill
Salary Deductions
Permissible Deductions: Absence for one or more full days for personal reasons Absence for one or more full days because of sickness or disability if deduction is made with the bona fide plan, policy or practice of providing compensation due to illness. To offset amounts employees receive for jury/witness/military pay. For good faith penalties imposed for safety rule infractions of major significance. Good faith unpaid disciplinary suspensions of one or more full days. During initial or last week of employment were full week is not worked. Unpaid leave under FMLA. Employers who have an actual practice of improper deductions risk the loss of exemption status for all employees in same job classification.
Physician Hospital Organization (PHO)
Physicians join with hospitals to rely on the PHO structure to develop and market their services and negotiate and sign contracts.
Product Market Competition
Place financial pressure on an organization and challenge its ability to attract and retain qualified employees.
Geocentric
Places the best qualified person in each position regardless of their country of origin.
Communicating the Structure
Plan is to have buy-in at all levels, communicating the pay structure does that by providing a fair and equitable structure for making pay decisions. Employees need to understand how they are being paid to decrease concerns of favoritism. Managers should understand to push goals and objectives and effectively explain pay decisions.
4 basic functions of SM
Planning, organizing, directing, controlling
Edward E. Lawler III - 4 Elements of HIO
Power: grant decision making powers to all employees and hold them accountable for their work and results Information: a variety of information is disseminated so that everyone can use it Knowledge: Providing training and development for all employees to increase effectiveness Rewards: Tying pay to performance to create an above and beyond mentality
Organization Functions-10
Production-process by which business creates product Operation-All activities necessary to produce those goods and services. Capacity: Determining how much of a product or service can be produced with the available materials/labor/equipment. Production Layout: The way in which the goods/services will be produced. Scheduling: Making sure the product is available to customers at peak demand. Quality Management: Meets acceptable standards. Inventory Management: Quantity of inventory, demand to fill.( Just in Time- smaller amounts purchased more frequently to reduce over buying) Technology: Can improve quality and quantity. Facility Location: Best place to locate business. Cost Control: Meet quality standards at lowest possible cost.
Mentoring Programs
Programs that are used to develop individuals and ensure it is available to a diverse group of individuals who demonstrate leadership potential Reverse Mentor: young individuals help older employees
Management Development
Programs used to upgrade skills for managers who are accountable for achieving results through others. Also includes financial and technology management, internal controls, various styles of management.
Statutory Bars
Prohibit an election in a bargaining unit that had a valid election during the preceding 12 month period.
GINA 2008
Prohibits employers from unlawfully discriminating against employees or their family members in any of the terms or conditions of employment included in title VII. Genetic information: results of genetic tests or genetic disorders/diseases
Title VII of the Civil Rights Act of 1964
Protected classes Unlawful employment practices: those that have an adverse impact on members of a protected class
Norris La-Guardia Act 1932
Protected the rights to organize and strike without federal injunction interference. Outlawed yellow dog contracts-employers used agreement to prevent employees from joining unions, not being a member of a union, and joining a union and would lead to dismissal.
Workplace Investigations
Provide consistency in the investigation process. Conduct a prompt, thorough investigation following the 16 steps provided.
After the Meeting
Provide information on how to complete the process. Provide constant feedback to employees to make process less stressful.
Dr. Kaoru Ishikawa
Provided a collection of analytical tools. Check Sheet: simplest tools, requiring a list of items that might be expected to occur. Histogram: Provide a way of looking at random occurrences to determine whether there is a pattern. Pareto Chart: Graphical representations of the 80/20 rule. established by Vilfredo Pareto. Difference between Pareto and Histogram is the cumulative percentages on the right side of chart. Cause and effect diagram: fishbone diagram Stratification: show individual components of a problem in addition to the total or summary Scatter Chart: xy chart, graphical representations for the relationship between two sets of numbers Process control Chart: graphical representation of elements that are out of the acceptable range by setting parameters above and below the range.
Salary Structure
Provides a systematic way of identifying base pay for employees in different jobs throughout the organization. Developing a salary structure requires and analysis of both internal equity and external labor market conditions obtained through job pricing process. Market median or fiftieth percentile is used Midpoint Progression: the difference between the midpoints of consecutive grades. Pay Range: The spread between the minimum and maximum pay for the job grade.
Pay Differentials
Provides additional pay for work that is considered beyond the minimum requirements of the job. Ex. hazardous pay for employees who agree to work in a dangerous area.
EEOA of 1972
Provides litigation authority to EEOC in the event that a conciliation agreement can't be reached EEOC can sue nongovernmental entities, employers, unions, and employment agencies Extended coverage to: educational institutions, state and local governments, federal government
ERISA- Report 1: Summary Plan Description
Provides plan participants with information about the provisions, policies, and rules established by the plan and advises them on actions they can take using the plan. Requirements: include name and other information about the plan sponsors, administrators, and trustees, and collective bargaining agreement information. Must include eligibility requirements, and disqualification rules. -Must also include the financing source for the plan and the name of the organization providing benefits. -For health and welfare claims, must include claim procedures, along with name of DOL office assisting with claims. -New SPD must be created every 5 years unless no changes have occurred. Every 10 years regardless.
2) Organizing
Providing structure for employees to be able to complete work Things to consider: centralized organization: authority placed at higher levels) decentralized organization: lower levels Line functions: ops and sales Staff functions: HR and finance Span of control: number of employees one manager can directly supervise
SEC & FASB
Publicize rules for financial reporting that affect total rewards decisions. SEC requires public companies to fully disclose salaries for the top 5 executives. FASB (Financial Accounting Standards Board) establishes generally accepted accounting principle standards(GAAP) to be used in preparing financial statements.
During the Meeting
Purpose is to acknowledge the employee's value to organization and provide constructive feedback. Set the right tone. discuss forms exchanged. Discuss development needs. Set goals for next review. Communicate expectations clearly. Give employee opportunity to ask questions. Discuss rewards.
Omnibus Budget Reconciliation Act 1993
Require that health plans honor court issued medical child support orders for dependents. Group health plans provide coverage for dependent adopted children when placed for adoption in a covered employees home.
UGESP Report
Required report- determination of whether the selection procedures have an adverse impact on one or more protected groups
NLRB Elections
Purpose is to determine whether the majority of employees in a unit desire to be represented by a union. Consent election: can take place within 30 days if issues between parties are resolved. Directed election: occurs when a preelection hearing is required to resolve those issues prior to scheduling the election. Excelsior list must be presented within 7 days of the consent to or direction of an election containing all names and addresses of those employees in the bargaining unit. Employer is required to post notices in employee gathering spots, no company meetings can be held within 24 hours of election. On day of election, no campaigning may occur. To be eligible to vote, employee must have worked during the pay period of the election, those who are off or on leave may vote based on rules. Economic strikers can vote if the election takes place within 12 months of beginning of strike.
Team Structure Levels
Quality Leader/Manager: generally reports to the CEO and focus on continually improving operations Master Black Belt: generally work with a single function such as accounting or marketing, focus on implementing DMAIC Process Owner: Individual responsible for a specific process in the organization Black Belt: full time on quality initiatives, train green belt employees Green Belt: have received six-sigma training but work on projects PT
Joseph M. Juran
Quality begins with defining the customer needs Proposed that once needs were identified, they should deliver a product that met both needs of customer and business. Juran Trilogy: Quality planning, quality control, quality improvements.
Six Sigma
Quality philosophy developed by Motorola in 1980 Developed when looking for a more precise way to measure defects Quality standard is measured on a defects per million unlike others of defects per thousand. DMAIC
Visas for Religious and NAFTA Workers
R-1: religious TN: trade visas for Canadians and Mexicans
Performance Appraisal Methods - Comparison
Ranking: Listed in order from highest to lowest performer. Paired: All employees in the group are compared to one employee at a time. Forced Ranking: Ranking according to a bell curve, high, low, majority in middle.
Additional tools in selection process
Realistic job preview-Accurate picture of a typical day on the job. In box test- Candidates are provided with a number of problems an employee in that position would face, and is evaluated on response. Assessment centers- Multiple tests designed to measure different aspects of the job.
ADA continued
Reasonable accommodations in 2 areas: •facilities should be accessible •position requirements may be adjusted Except if undue hardship occurs-determined by costs, financial resources, size of organization and similar factors
Positive Employee Relations Strategies
Recognition Special Events Diversity Programs Telecommuting: working from home Flextime: employees have say in their own schedule Compressed workweeks Part Time Work Job Sharing
Personal Responsibility and Work Opportunity Reconciliation Act 1996
Record keeping requirements for parents who neglect to pay child support. Requires employers to report all new hires within 20 days of their hire date to the department of state
OSHA Recordkeeping Requirements
Records include: -up to date files for exposure to hazardous substances and related medical records. -safety training meetings. -OSHA logs that record work related injuries. In 2002, three new forms were developed: -OSHA form 300-log of work related injury/illness -OSHA form 300A-summary of work related injury/illness -OSHA form 301-Injury/Illness incident report. *Completion of the forms does not indicate a violation has occurred nor does it guarantee workers comp is needed.
Unemployment Compensation Amendments 1992
Reduced rules for rolling over lump sum distributions of qualified retirement plans into other plans, and subjected some to 20% tax.
Illegal Immigration Reform and Immigrant Responsibility Act 1996
Reduced the number and types of documents allowable to prove identity, employment eligibility or both
Divestitures
Reducing the workforce in the divesting organization and performing due diligence to determine whether to transfer employees to the new entity
NLRA (Wagner Act) 1935
Referred to as the labor's bill of rights and represented a marked change in government attitudes towards unions. Allowed employees to organize, bargain collectively and engage in concerted activities for protection. Protection for both union and nonunion employees. Went on to create the NLRB and identified 5 employer unfair practices.
Whistle Blower Protection Act (1989)
Regulated by DOL OSHA Apply to employees who provide information, assist someone, or assist in an investigation of alleged violations of mail, wire, bank, or securities fraud Must file retaliation complaints within 90 days of the retaliatory action
Defined Contribution Plans
Relies on contributions from employees and employers to fund IRA's. several types: Profit sharing, money purchase, target benefits, 401k plans.
Sourcing and Recruiting - Employer Brands
Reputation among employees, current and former, and the way the organization presents itself in the marketplace. Uniqueness of company Idea of what company culture is like Employee surveys can determine if culture actually reflects brand
Pension Protection Act 2006
Require employers to fully fund their pension plans to avoid cash shortfalls. In 2008, companies have 7 years to bring their plans into compliance, if not 10% tax. Biggest change was to allow employers to automatically enroll employees in 401k plans. Employees who don't want to participate must opt out. Plan advisers may now provide investment advice under certain conditions. Due to Enron scandal, requirement was included to provide at least 3 alternative investment options and allow employees to divest themselves of the employers stock.
Performance Appraisal - Narrative
Require managers to DESCRIBE the employees performance. Critical Incident: During the review period, the supervisor is required to make notes of all successful/unsuccessful incidents that occur and compare against other employees. Essay: Write a short description of the employees performance during the year. Field Review: Conducted by someone other than the supervisor.
OSHA Employer Responsibilities
Requirements for Employers required by Law: -Must take steps to minimize or reduce hazards, ensure have and use safe tools, equipment and personal protective equipment. -Must inform all employees about OSHA by posting the poster in the workplace. -Appropriate warning signs must be posted. -Train and educate employees on safety procedures. -Must maintain records of all workplace injuries and post them on the form 300A from feb to april 30 each year. -within 8 hours of a fatal accident or hospitalization of 3 or more employees must notify nearest OSHA office. -Accident report log must be made available to all employees/previous employees/employer reps. -When reported, retaliation must not occur.
Safety Training Programs
Requirements: 1. Determine whether training is needed 2. Identify training needs 3. Develop objectives for the training 4. Develop methods for delivering the training 5. Conduct the training 6. Evaluate how well the training did 7. Adjust training if needed
Union Shop Clause
Requires all employees join the union within grace period but no fewer than 30 days, for construction 7 days.
Close Shop Clause
Requires all new hires to be members of the union before hired, is illegal except for in the construction industry.
General Requirements for all Machines, 1910.212
Requires all woodworking machines and the like use guards to protect employees from injury. They can be barrier type, two hand tripping devices, electronic safety, or others.
Service Contract Act (1965)
Requires any federal service contractor with a contract exceeding $2500 to pay its employees the prevailing wage and fringe benefits for the geographic area in which it operates, provide safe and sanitary working conditions, and notify all employees of the minimum allowable wage for each job classification and the federal wage for similar jobs. Also expands Davis-Bacon/Walsh Healey act to contractors such as garbage removal, custodial services, food and lodging, and maintenance and operation of electronic equipment.
UGESP -Applicant tracking
Requires employers to keep records of individuals who apply for open positions based on their sex, race/ethnicity. 2005 Amendments to include: employer has acted to fill certain position, individual has followed employers standard procedures for submitting an application, individual has indicated an interest in a particular position.
The General Duty Standard, section 5
Requires employers to provide jobs and a workplace environment that are free from recognized safety and health hazards that could potentially cause death or serious physical harm.
Walsh Healey Public Contracts Act (1936)
Requires government contractors with contracts exceeding $10k to pay their employees the prevailing wage for their local area.
Mental Health Parity Act 1996
Requires insurers to provide the same limits for mental health benefits in their plans as they provide for other health benefits.
Metrics: Measuring Results (Business Impact)
Return on investment and employee productivity are key to business impact. Productivity is measured by dividing total output by the number of employees.
Entitlement Philosophy
Rewards seniority or employee longevity.
Sarbanes-Oxley Act
SOX HR may need to assist in the reporting requirements such as: -Ensuring material liabilities from pending lawsuits of employment practice claims are reported in the financial statements. -Participating in the controls for hiring, compensation and terminations. -Reporting immediately any material changes to the organizations financial condition. Ex. Case: whistle blower complaint against Charles Schwab and two employees who refused to participate in a fraud scheme. They were reinstated to their previous positions and were given backpay.
Unemployment Insurance
SSA-1935 SSA confers on the states the responsibility for UI administration and distributes funds to them for that purpose. Each states developed their own program therefore eligibility requirements for SUI vary between states as well as SUI tax rates. Also vary between employers as well as the number of terminated employees during the year influence rate. Created Federal Unemployment Tax Act under the IRS in 1939. FUTA rate is set by statute and is a percentage of workers salaries. 7/11 rate decreased to 6.0 of the first $7000 earned by each worker during the year. All employees receive a credit of 5.4% when they pay in time and in full.
HR budget expense items
Salaries, payroll taxes, benefits, equipment, repairs, training/development, travel, professional services, outsourced services
Sales and Marketing
Sales: activities involved in transferring product from business to customer. Marketing: Incorporates longer term functions necessary to promote and distribute products in the marketplace.
Organization or Group Incentives - Gainsharing
Same characteristics as individual performance. Must align with the organizations comp philosophy. Gainsharing: involve employees and managers in improving the organizations productivity and sharing the benefit of success. Key Components: -employees and management work together to review org performance -when measurable improvements are achieved, both share in the success -Org and employees share financial gains Org Benefits: -Teamwork, increased motivation, employee focus and commitment, greater employee acceptance, perceived fairness of pay
Strikes
Several Specific Strikes: -In support of a ULP committed by the union and is unlawful. -A strike that occurs in violation of a no strike clause is not protected activity and employees can be terminated. -Strikers who engage in serious misconduct during a strike. -Work slowdowns -Wildcat strike, violation of contract clause prohibiting strikes during term of contract. -Sit down strike, workers stop working and stay in building. -Strikes in support of a hot cargo clause are prohibited.
Recruiting Methods- Internal
Skills Inventory: tool used to collect and store a wealth of information on skills/knowledge, performance, languages, education, experience, credentials, training, etc. 2 methods for publicizing jobs: -Job posting -Job Bidding-internal employees express interest in position before its posted.
ERISA - Form and Payment of Benefits
Specific requirements for payment of funds at retirement or leaving the company. Also provides guidance on how to deal with Qualified Domestic Relations Orders(QDRO), when states require payment to go to an alternate payee(similar to wage garnishment). Alternate payee must be a spouse, former spouse, child, or dependent. Funding: -An actuary determines how the funds are managed and they must be maintained in a trust fund separate from business operating funds. -Must be deposited on a quarterly basis with the last contribution made no later than 8.5 months before close of plan year. Fiduciary Responsibility: -All actions taken must be in accord with the Prudent Person Standard of Care- common law. -May be held personally liable and may have to make restitution of losses. -Prohibits transactions between pension plans and parties in interest.
Corporate goals (SMART)
Specific, measurable, attainable, realistic, timely- make up a business plan
Broadbanding
Splits positions in the company into just a few specific pay ranges and everyone fits into one of those categories. Helps organizations remain flat and facilitates lateral career movement.
Value Statement
Standards for how the organization will conduct business. Would values hold true if business changed entirely and began doing business in a completely different way.
Organizations 4 Life Cycles - Startup, Growth, Maturity, Decline
Startup Struggle to obtain funding, little time for training so new hires are fully qualified, base pay below market value, outsourcing may be more cost effective, few layers of management. Growth Additional management hired, may lead to morale issues, competitive compensation, growth provides operational challenges which creates need for outsourcing. Maturity Standardized policies/procedures, difficulty remaining competitive in market, training for new hires, benefits/comp enhanced during this phase. Decline Inefficiency, may implement workforce reductions, close facilities, etc., outdated products,
Pitfalls of Diversity Training
Stender V. Lucky Stores: a diversity trainer asked employees to describe some of the attitudes they heard in the workplace: "women wont work late bc their husbands wont let them, women dont have much drive to get ahead, women are not breadwinners." This led to a lawsuit and notes used against them in trial.
Strategy
Strategy defines organizational goals and methods to be used in achieving those goals- planning and management
Definitions: strategy, goal, objective
Strategy: uses the strengths of a business to its own competitive advantage Goal: describes the direction the business will take and what it will achieve Objective: specific description of the practical steps that will be taken to achieve the goals
Employee Involvement Strategies
Suggestion Boxes: Provides an anonymous method for providing improvement ideas. Delegating Authority: Demonstrates respect and trust in employees. Task Force: Brought together to research and recommend solutions for a problem. Committees: Formed to address ongoing issues in the organization that may be permanent. Work Team: Team that works together daily to accomplish their assignments. Virtual Work Team: Team members arent located in the same building. Employee Management Committee: Used to solve problems in a variety of areas such as production schedules, safety, social events. Provides employees with the ability for input. Self Directed Work Team: Group of employees who are jointly responsible for completing ongoing assignments.
Elements of Performance Appraisal
Supervisor Assessment: begins with review of goals and objectives set at the beginning of the review cycle and whether they were achieved. Employee Self Assessment: Two way conversation. Assessment from Others: 360 review includes feedback from coworkers, customers, vendors, subordinates. Goal Setting: Planning for future changes. Development Goals: Can address areas of deficiency or prepare for next level.
Point Factor
System of points assigned to the position being evaluated. Based on points, a pay grade is assigned. Abstract or specific factors that fall under 5 categories: education, skill, effort, responsibility and working conditions.
Talent Management
Talent Assessment goal is to align the organization workforce with key business initiatives(KBI). Job Design: How the tasks, duties, and responsibilities needed by the organization can be combined for use as a developmental tool. 2 tools used: job enrichment & job enlargement
Social Security and Medicare
Taxes to support OASDI and Medicare are paid equally by employees and employers.
Industry changes
Technological developments often lead to industry changes. Ex. the method used to distribute goods, horse vs. train.
Standard clauses seen in Employment contracts
Terms and conditions of employment Scope of duties Compensation Benefits and Expense Reimbursements Nondisclosure and proprietary information Nonsolicitation agreement Advice of counsel Disability or death Termination clause Change of control
Worker Adjustment and Retraining Notification Act of 1988
The WARN act provides protection to employees in the event of mass layoff or plant closings Requires 60 days notice Administered by DOL 100+ employees Mass layoff: either 500 employees are laid off or 33% of the workforce and at least 50 employees are laid off Plant closure: 50+ employees lose their job bc a single facility shuts down either permanently or temporary If reduction is staggered over time, must be given appropriate notice period if reductions within a 90 day period trigger the notice requirement. Notice rules include all employees, chief officials, and the state dislocated worker unit Must contain reason for closure, permanent or temporary, address, name of company official to contact, expected date of closure and whether bumping rights exist
Preferred Provider Organization (PPO)
Use a network of healthcare providers for patient services and don't require patients be referred by a gatekeeper.
Performance Based Philosophy
Use compensation to shape a key component of the corporate culture, employee behavior, by rewarding performance or behavior that moves the organization closer to achieving the goals established by their leaders.
Mediation
The decisions of a mediator aren't binding on the parties involved, if failed, they may continue the arbitration process. No rules no formal records are retained. Steps: Structure Introductions Fact Finding Options Negotiating Writing the Agreement
Pay Openness
The degree of secrecy that exists around pay issues.
prima facie(evidence of violation) 4 elements
The employee was engaged in a protected activity The employer knew The employee suffered an unfavorable employment action Sufficient circumstances infer the the unfavorable action was in contribution to the protected activity
Davis Bacon Act (1931)
The first federal legislation to regulate minimum wages. Required construction contractors and subcontractors with $2000 or more contracts to pay at least the prevailing wage for the local area in which they operated in if they received federal funds.
Plan Administrator & Plan Sponsor
The person designated by the plan sponsor to manage the plan. The entity that establishes the plan.
Job Evaluation
The process used to determine the value of the jobs relative to each other in the org. Normally conducted when a job is developed, duties change, or as part of a routine evaluation process. Compensable Factors: characteristics that define and distinguish jobs from one another. 2 methods for job evaluation; ranking & classification
(2)Strategy Formulation
The vision, mission, core competencies, values statements are created during this phase
Sexual Harassment
Title VII of 1964 require employers to furnish a workplace that is free from sexual harassment. Quid Pro Quo: this for that. Hostile Work Environment: an individual or individuals are subjected to unwelcome verbal or physical conduct that interferes with the job. In most cases, a single incident doesnt rise to the level of a hostile work environment. In 1986 Supreme Court issued a number of rulings to clarify employer responsibilities in the prevention of sexual harassment.
ADEA of 1967
To promote employment of older persons on their ability rather than age, to prohibit arbitrary age discrimination, help employers and workers find ways of meeting problems arising from the impact of age on employment
Small Business Job Protection Act 1996
To relieve costs for small businesses, simplified actual deferral percentage tests for 401k plans and redefined highly compensated employees. Detailed minimum participation requirements and made changes to disclosure requirements.
Training Performance Evaluators
Training needed to reduce bias, perception of unfairness, etc. Should provide information for before, during and after the performance review.
Cost Accounting
Transactions related to product sales and costs related to creating the product
5. Evaluation
Transfer of Training: learning occurs away from normal working environment and must be taken back to the real job situation. An action plan can be developed to reinforce using the skills learned in everyday job.
401k Plan
Type of deferred compensation plan Established in 1978 Allows for contributions from both the employer and employee. Any earnings or losses that accrue to the account impact the funds available at the time of retirement and employees are ultimately responsible for ensuring funds are properly managed. Cannot provide greater benefits to Highly Compensated Employees-the who earned 115k or more, owns 5%+ in shares, top paid 20%. Actual Deferred Percentage test must be conducted annually to ensure that the plan is within limits according to IRS.
Protected Health Information
Under HIPPA, patient information must be kept private, including physical or mental conditions, health care given, payments. Directed at: covered entities, health care providers, health plans, clearinghouses. Although Flexible Spending Accounts are exempt from other HIPPA requirements, they're considered group health plans for privacy reasons and employers must comply with privacy requirements. Employees must provide third party administrator with an authorization to release medical information to HR departments.
Medical Insurance Plans Health Maintenance Organization (HMO)
Use a gatekeeper, primary care physician, to determine whether patients need to be seen by a specialist.
workforce reduction
can be caused by restructuring, merger, acquisition, or response to loss of market share
Organizational Climate/Culture
describes how people feel about an organization based on a number of factors. based on the why people feel the way they do, values and beliefs shared at all levels and reflected by interactions between employees.
Individual Incentives
reward employees who achieve set goals and objectives and can be powerful tool for motivating individual performance. Incentives are set for specific objectives being met and are typically either a percentage of base pay or flat dollar amount. 3 Critical Phases: 1. Plan Design: Must be kept simple and clear to understand and recall performance goals 2.Review Process: ability to pay is critical to incentive program. How frequent bonuses are paid. 3. Communication and Implementation: Communication must occur as soon as changes to incentive plan are made. Also ensures employee understanding of metric plan.
Changes made by CRA to title vii
• punitive damages when employers engage in discriminatory practices • excludes backpay from compensatory damages • sliding scale for damages based on size or company • May demand damages in jury trial • included congressional employees and senior political appointee • individual alleging unlawful practices must prove it • if a business can show that a practice doesn't result in disparate impact, no need to show its a business necessity • business necessity is not a defense against intentional discriminatory employment practice • if discrimination was a motivating factor in employment practice it is unlawful • no damages awarded if same employment decision would have been made whether motivating factor was present • expanded coverage to include foreign operations unless violation of host country occurred
Limited exceptions to title vii
•Bona fide occupational qualifications: religion, sex, or national origin is reasonably necessary to the normal operations •Educational institutions •Religious organizations •Potential employee who is unable to obtain or loses national security clearances •Indian reservations
