With a variety of individuals to interview about their experiences and viewpoints, I chose the head of human resources for Heartland Kubota, LLC, Bev Aksamit. Bev has been employed by Kubota for 10 years, and with that came extensive experience related to employment laws and the inner workings of the company.
Beginning with a relatively broad question, Mrs. Aksamit responded lightly to, what are some of the largest issues you have encountered related to employment law? "What to do when an employee travels for work and how to calculate their time. Whether they are traveling by airplane, on the weekend, weekday, different rules apply. Basically, you know if the employee is traveling on a weekend for a particular job, you must be able to
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However, some employees choose to cross the line to near combative and threatening a legal push, with that came my next question: how would you cope with an employee that became combative and tried suing you? Mrs. Aksamit dove into this question, describing in great detail how she would handle this situation.
"Well, first of all, if you think you're going to get to that point, I mean with any employee, you need to document everything. Have everything on file from the first warning. Anything verbal can be disregarded, so have all warnings written up, signed and dated by both yourself and the employee in question. Overall, treat employees fairly and do everything you can to stick to company policies".
Many employment laws tie directly into Title VII. Regarding this, the question of, what, in your mind, is one of the largest benefits of Title VII? Mrs. Aksamit noted Title VII and explained a different side to the protections it
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Aksamits response led into an impromptu question of, what would you do to eliminate any chance of retaliation against the whistleblowing employee? "What I would do is let only the people who really need to be involved in this situation know what happened. Keep it away from co-workers and from outside individuals. Squash any gossip that might make the event spread around. Keep in contact with strictly the immediate supervisors AND keep an eye on your supervisors to make sure they're not the ones that discriminate. Any further issues within the workplace can be noted by the whistleblower and passed onto the court, meaning further action against our company. Remaining neutral to the whistleblower is always the best course of action".
The Family and Medical Leave Act is a federal law that applies to organizations employing 50 or more employees. Mrs. Aksamit dove into a question tying into FMLA: where does your company stand on the Family and Medical Leave Act? If you are below the number of employees, how does your corporation handle
When Maalick originally went to Marta Ford he spoke to her about the questions regarding his religion his co-coworkers had been asking. Rather than disregard his concerns she should have been proactive in addressing the issue rather than waiting until it got worse. She could have held a meeting with everyone in the facility and reminded them of the company policy regarding harassment. According to Gomez-Mejia, L., Balkin, D., & Cardy, R. (2012) companies that are proactive toward issues are better prepared to deal with future problems. Had she done this the issue likely would not have escalated to the point that it became a hostile work environment for Maalick. To prevent the situation from happening in the future Marta Ford could provide additional training to all employees and require annual retraining so that all employees and management are aware of company policies.
The FMLA benefits the employer by allowing him or her to excuse his employees for medical conditions or family issues. This benefits both the employer and employee in allowing them to both know that their can be a balance between the workplace and family life. (dol.gov)
The last decade has produced an explosion of racial employment discrimination lawsuits. These lawsuits have resulted in record-breaking settlements. By federally mandating every business to review the history, impact and proposed policy of Article VII these lawsuits may subside. Reviewing Title VII is a step corporate America must soon make or continue to loose much needed revenue. Our team will discuss the history of Title VII, the impact of Title VII in the workplace, who is and who is not covered under Title VII as well as propose policies that companies should have in place to avoid Title VII violations.
This paper has gone over the lawsuit that was filed by the EEOC. It also went over who the EEOC is and what their role is in the lawsuit. It also went over how the EEOC’s press release and the Minneapolis/ St. Paul Business Journal articles different. I have learned that
For the third part of this task (AC1.3), you must outline why legislation relating to employment exists. How will the legislation help? Who benefits? Why?
The Family and Medical Leave Act of 1993 (FMLA) was created to help assist employees deal with the difficulties of home, while creating an atmosphere of job security. The FMLA also helps cover employers from wrongful use of the FMLA by the employees. Although the document is extensive, there are three major provisions of the FMLA that apply to the given situation. The FMLA entitles covered employees to unpaid work leave, provides job and benefit restoration, and allows employers to require notice and certification for leave ("Family and medical leave act," 2007).
There are many employment laws out there but ill discuss about three of them and what are the consequences if the company did not comply. The employment laws I will discuss are the Title VII of the Civil Rights Act 1964, Americans with Disabilities Act 1990, and the Uniformed Services Employment and Reemployment Rights Act. My next topic would be how an organization might structure their policies, practices and culture to ensure compliance.
Benefits and Protections. (Revised 2013). United States Department of Labor online. Retrieved May 27, 2014 from http://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf
* Using the first e-Activity, choose two (2) employment laws, and examine the impact of each law on human resources management (HRM). Support your response with specific examples of each selected law’s impact on HRM.
From hiring through discharge, employees in California are protected by a myriad of federal and state laws. It is not a secret that California courts are some of the most employee-friendly in the country. In general, our nation’s laws and courts that are instituted to interpret them ensure that employers do not base their decisions on an applicant or employee’s protected characteristic such as sex, disability, pregnancy, race, national origin, or age (if over 40).
After the Human Resources manager was informed of the discrimination and harassment, she alerted the department heads and other employees instead of following the company’s Internal Compliance policy of notifying only the field compliance officer. If she had informed only the compliance officer, she would have passed the responsibility to the proper person. Instead Maalick faced retaliation from other employees due to her negligence
I would try to keep the situation light, and explain to Mr. Hartanto that I was responsible for the image of the company. In addition, I would tell him that it was important for me to make decisions that I knew in my heart were the right thing to do. I would tell him that we did not always operate the way that some companies do. I would try to give
They asked thorough questions about specific topics in hiring people, but more specifically about what a good worker is and means to that employer. They organized their research into different topics like the methods and hiring practices the employers used. A special topic, and even the main topic, was about "The Good Worker." (Harkess & Warren, 1994, pg. 276) It was broken apart with subtitles "The Known Worker," "Race" and "Gender." (Harkess & Warren, 1994, pg. 278, 280 and 282) Then they later on went to discuss these topics even more in relation to "local culture, personal characteristics, and the law." (Harkess & Warren, 1994, pg. 287) The way they explained everything in much detail and connected it to the main topic was the biggest strength in this
Identify key assumptions that Susan Dubin likely had about the role she would have when she signed on as HR Director at the Danone Simpson Agency. These assumptions might be around “what” the role would entail as well as “how” she should go about it. (1 pg approx.)