Human Resource Guidelines and Regulations (CH 6)

Basic Areas of Human Resource Management

Recruitment, Compensation, Leave Benefits, Employee Relations, Termination

Recruitment: affirmative action

•Prohibits discrimination in hiring based on race, color, religion, sex, or national origin.

•Encourages employers to actively recruit from diverse candidate pools to find the most qualified applicants.

•Does not give preference to specific groups.

Three Areas of Assessment Required by Affirmative Action

Current workforce, applicants, qualified labor market

Affirmative action

commitment by the employer to proactively reach out into various employment pools and continue to seek the most qualified candidate. If differences exist between workforce data and the broader labor market, employers must review hiring and recruitment practices to ensure they are not unfairly impacting protected groups.

Current Workforce

existing employees

Applicants

individuals who apply to the organization

Organizations with affirmative action plans must track applicants by

Race, Gender, National origin, Job applied for

Affirmative action promotes

fair, inclusive hiring practices and requires monitoring of applicant data to ensure non-discrimination

Recruitment: job description

• Documents the characteristics of a job and requirements of the candidates

• Acts as a measure to assess employee performance

• Should be concise, yet thorough

Job descriptions should include

• Essential job functions

• Educational requirements

• Experience (job history)

• Bona fide occupational qualifications (BFOQ).

An employer may prefer candidates with a college degree for a particular position, it is important to list only those factors that are

bona fide occupational qualifications (BFOQ)

Bona Fide Occupational Qualifications (BFOQ)

A requirement (relating to sex, religion, national origin, or age) for a job that does not violate the constitutional bans on discrimination

Employers may restrict a job

to a specific sex, religion, or national origin only if it is a genuine requirement for the role.

Example of BFOQ

you need a receptionist that is fluent in Spanish because the majority of your clients are of hispanic origin

Equal Pay acts (EPA)

Ensures equal pay for men and women performing similar work under similar conditions, regardless of gender

Recruitment: interviewing

• Keep questions consistent to accurately evaluate candidates in relation to each other

• Develop a list of questions approved by all interviewers

Interviewing can be a

recruitment risk since untrained managers may ask inappropriate or illegal questions; employers must also provide reasonable accommodations for applicants and employees

Questions that Cannot be asked during a job interview

•applicants name that would indicate applicant’s lineage, ancestry, national origin or descent, or marital status

• if applicant is married, single, divorced, or engaged; and questions about number and age of children, potential children, or child-care arrangements

•regarding age or date of birth and questions regarding religious denomination

•regarding the nature or severity of any handicap

Keep in mind that

many states and local jurisdictions provide legal protections for members of certain classes that go beyond those provided by federal law, such as marital status or sexual orientation

Questions that may be asked during a job interview

• education background

• experiences that led you to your career path

• how has your previous work experience prepared you for this job

• most significant accomplishments

• •What type of Problems have you solved in accomplishing your work assignments?

• What has been your current job’s biggest challenge?

• Describe the most common problems you encounter at your (previous/current) job

• What happens when two priorities compete for your time?

Fair Labor standards Act (FLSA)

-Establishes federal rules for minimum wage, overtime, and employee pay requirements

-Requires nonexempt employees to receive 1.5× pay for hours worked over 40 per week

FLSA Exemption

Multiple factors determine whether a position is exempt or nonexempt.

Employee classification should be reviewed carefully with HR and compensation experts.

• are usually executive, administrative, or professional positions

Nonexempt FLSA

Employees who are paid for every hour in which the employee performs work for, or is under the control of the employer

Exempt vs Non-Exempt Employees: Overtime pay

Exempt: not eligible

Non exempt: must be paid overtime

Exempt vs Non-Exempt Employees: Pay structure

Exempt: fixed salary

Nonexempt: hourly

Exempt vs Non-Exempt Employees: Time Tracking

Exempt: Tracked only for scheduling or PTO

Nonexempt: must be tracks for wage and overtime purposes

Exempt vs Non-Exempt Employees: PTO Usage

Exempt: tracked in half or full day increments

Nonexempt: recorded hourly

Exempt vs Non-Exempt Employees: Partial-day Absences

Exempt: can deduct PTO for partial day absences but not pay

Nonexempt: can deduct both pto and pay for partial day absenses

Off the clock

This is one of the clearest FLSA violations.

If an employee performs work, the employer must pay, regardless of:

Whether the work was authorized

Whether the employee was told not to do it

Working through lunch

A bona fide meal period (typically ~30+ minutes) is only unpaid if:

The employee is completely relieved from duty

If the employee performs any work, the meal period becomes compensable

Leave Benefits

Family and Medical Leave Act (FMLA) and Military and other leave

FMLA of 1993

provides eligible employees with up to 12 weeks of leave (paid or unpaid) for the employee’s own serious health condition; for the care of an immediate family member’s serious health condition (spouse, child, parent); and for the care of a child following birth or adoption

FMLA Applications Private

• Employer engaged in commerce or industry.

• Fifty or more employees working at least 20 calendar weeks or more in the current or preceding calendar year.

The FMLA is applicable

to any employer in the private sector who is engaged in commerce or in any industry or activity affecting commerce, and who has 50 or more employees each working day, during at least 20 calendar weeks or more in the current or preceding calendar year.

FMLA Applications Public

• State and local government.

• Local education agencies.

• Do not need to meet 50 employee rule

All public agencies (state and local government) and local education agencies (schools) are

covered under FMLA. These employers do not need to meet the 50-employee requirement

Leave Benefits: FMLA

• Employee has the right to return to the same or an equivalent position after leave

• Employee is entitled to the position they would have had if they had not taken leave

Who is eligible for leave benefits: FMLA

• Must have worked for employer for at least 12 months (not required to be consecutive)

• Must have worked at least 1,250 hours in the past 12 months

• Must work at a location where the employer has at least 50 employees within 75 miles

Equivalent position must

have same pay, benefits, hours, and working conditions

Leave Benefits: Military Leave

• Federal law that protects employees who take leave for military service

• Protects reserve and active duty

• Employees have a conditional right to return after service to the same or a comparable position

Leave benefits: other leave

Various laws for state and local jurisdictions

Many offer protected leave for:

Voting

Jury Duty

Trial Witness

Employee relations: Title VII

The Civil Rights Act of 1964 prohibits discrimination based on race, color, creed, religion, national origin, and sex.

If discrimination is claimed, the employee must prove:

1.He or she belongs to a protected class

2.He or she was qualified for the job

3.Adverse employment action was taken against he or she (fired, not hired, de­moted, etc.)

4.Employer continued seeking applicants with similar qualifications

Employee Relations:
Age Discrimination in Employment Act (ADEA)

uProhibits age discrimination against individuals 40 years or older

uDiscrimination can still occur between employees both over 40

uEmployer may be liable if they favor a younger employee within the protected group

Employee Relations:
Americans with Disabilities
Act (ADA) 1990

1)A person who presently has a disability.

2)A person with a past history of a disability.

3)A person who is perceived to have a disability.

4)A person who affiliates with a person who has a disability.

Effective January 1, 2009, however

Congress amended the definition of “major life activities” to includes major bodily functions such as, “functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.”

Employee Relations:
At-Will Employment Doctrine

•Either the employee or employer can end the relationship at any time, for any reason (or no reason)

•Employer cannot terminate for unlawful reasons (e.g., discrimination)

Limitation of at will

may not terminate the employment relationship for an unlawful (discriminatory) reason

Termination: 5 elements of Just Cause

1.Forewarning: ensure employee is notified of expectations (with documentation)

2.Proper Investigation: give employee opportunity to explain

3.Evidence: records or witnesses?

4.Ensure lack of discrimination

5.Penalty fits the offense: can the behavior can be corrected with a less severe form of discipline?

Termination National Relations Act

• If an employee requests a representative during an investigatory interview, the employer must grant the request before proceeding

Termination Reprisal/ retaliation

• Employees have a right to file discrimination claims, even if the claim lacks merit

• Employers are prohibited from retaliation

Retaliation includes any action

that could discourage someone from reporting or participating in a discrimination claim