Pay, Benefits, Terms of Employment


Question Description

Create a PowerPoint presentation with fifteen to twenty (15-20) slides In which you follow the instructions on the assignment page attached. Each slie must have a heading and relevant graphics. I have also included a copy of the previous assignment for your reference.

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• t is your responsibility as the HR Director of the same organization from Assignment 2 to a) create policies regarding pay and benefits for the selected job opportunity, and b) develop methods for both addressing unionization and implementing OSHA regulations. You will present your findings to the Vice President of Human Resources for approval. In preparation for this assignment, review the following articles on contractors vs. employees and temp workers: • • • Bier, Ellin & Tucker: Distinguishing Between Independent Contractors and Employees Murray: Difference Between Independent Contractors and Employees “The Expendables: How the Temps Who Power Corporate Giants Are Getting Crushed” Create a PowerPoint presentation with fifteen to twenty (15-20) slides in which you: 4. Create a Wage and Hour standard for the job opportunity that you had selected in Assignment 2, and support your standard by using the Fair Labor Standards Act (FLSA) and Equal Pay Act to prevent any potential discriminatory impact. 5. Decide on three (3) benefits required for the job opportunity using ERISA. Propose two (2) methods that the employer can use in order to manage the fiduciary duties wisely and with the employees’ best interests in mind. Provide a rationale for your response. 6. Elaborate on two (2) rights regarding unionization that Section 7 of the NLRA guarantees. Next, examine two (2) unfair labor practices, and argue the importance of your organization refraining from using such practices during any self-organization and collective bargaining activities. Explore two (2) potential repercussions of an organization’s interference with self-organization and collective bargaining practices. 7. Propose three (3) ways to discourage employees from considering unionization. Then, compose one (1) strategy for championing a supportive and satisfying work environment within the organization. 8. Select one (1) OSHA violation case, and determine whether the resulting penalties were sufficient to deter the organization in question from repeating the same violative action. Justify your response. 9. Outline a plan for investigating workplace injuries, and formulate a policy that explains the process for filing a worker’s compensation claim within the selected organization. 10. Narrate each slide, using a microphone, and indicate what you would say if you were actually presenting in front of an audience. 11. Use at least three (3) quality academic resources in this assignment. Note: Wikipedia and other Websites do not qualify as academic resources. Your assignment must follow these formatting requirements: • • Format the PowerPoint presentation with headings on each slide and relevant graphics (photographs, graphs, clip art, etc.), ensuring that the presentation is visually appealing and readable from eighteen (18) feet away. Check with your professor for any additional instructions. Include a title slide containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The title slide is not included in the required slide length. The specific course learning outcomes associated with this assignment are: • Develop policies that are compliant with employment laws. • • • Evaluate an organization’s physical environment and determine criteria that ensure occupational safety. Use technology and information resources to research issues in employment law. Write clearly and concisely about employment law using proper writing mechanic. Grading for this assignment will be based on answer quality, logic / organization of the paper, and language and writing skills, using the following rubric found here. Running head: HIRING AND MANAGING A DIVERSE WORKFORCE Hiring and Managing a Diverse Workforce Connie Richmond HRM-510 August 13, 2018 Dr. Bobby Barrett 1 HIRING AND MANAGING A DIVERSE WORKFORCE 2 Hiring and Managing a Diverse Workforce As the Human Resource Director of a major pharmaceutical and service provider for patients with chronic health conditions. One area of this company is the call center which houses physicians, pharmacy technicians, and customer service representatives. It is the customer service representative positons that experience a great deal of job turnover, requiring frequent replacements. In order to hire qualified workers while at the same time avoid any form of discrimination in the hiring practice, three recruitment methods will be examined. Recruitment Methods “Recruitment entails both eliciting information from job candidates and providing information to “sell them” on the job and organization” (Walsh, 2016, P.115). Recruitment methods will reach potential job seekers, it establishes links with prospective candidates. To find suitable candidates for the customer service representative positions, indirect and third-party recruitment methods will be utilized. Indirect recruitment methods will be beneficial because these methods tend to reach a large number of persons and ultimately the method will reach many suitable candidates. The use of third party methods will typically narrow the applicant pool down to only include those persons who have been previously qualified for the job type. Because of the existing problems with current staff, a minimal number of employee referrals or recommendations will be accepted at this time. The indirect recruitment method will include using social media to advertise the job openings. Social media can be used to recruit candidates by publicizing the job openings and to conduct background checks on potential candidates to verify their qualifications. To give an indication of how frequent this recruitment method is used, results of a recent study revealed that “77 percent of the companies participating in the study use social networking sites to recruit HIRING AND MANAGING A DIVERSE WORKFORCE 3 candidates for specific jobs” (Segal, 2018). The goal of this company is to reach as many applicants as possible. Because everyone uses social media, there may be some concern regarding the possible adverse impact of this method on a certain group of persons who may be economically disadvantaged which might exclude them from using his method of recruitment. In order to diversity the recruiting approach used to reach potential talent and avoid casting any doubt on the method used, social media will only be one of the many tools used for recruitment, not the only one. Since social media is an advertisement, it will include the EEO and affirmative action tagline and will be retained with all other hiring documents. “It shall be an unlawful practice for an employer to print or publish or cause to be printed or published any notice or advertisement related to employment indicating any preference, limitation, specification, or discrimination” (Walsh, 2016 p.115). The wording of the advertisement will not express a preferred class, but rather the advertisements will remain neutral. However to encourage diversity in the hiring method, the affirmative action plan can include language that will encourage applications from both female and minority applicants. In the pass the company has had enough success with employment agencies that using this recruitment method will be used again. An advantage in using employment agencies is that they are automatically covered by antidiscrimination laws which prevents them from discriminatory practices. A reputable employment agency is a good way to locate some of the best talent for this company since the employment agency typically will intentionally attract great candidates. Normally, they know the available talent and how to reach out to them. HIRING AND MANAGING A DIVERSE WORKFORCE 4 Employment agencies have the potential to connect our company to people who have a variety of skills and experiences. To protect the company from potential discriminatory practices, we will avoid requesting candidates with particular protected class characteristics. At no time, will our company attempt to obtain the protected class characteristics of any referred applicants. The company has had some success in the pass with referrals from our current employees. In this case, we must trust our employees to pass the word about our current job openings. The advantage of this recruitment method is that there is really no cost. It is hopeful that when our employees speak to others about employment with our company, that they are upfront about our company expectations and job responsibilities. Much care will be taken to avoid developing a racially skewed workforce. To avoid potential discrimination and producing a racially homogenous workforce, the company will not totally depend on employee referrals, particularly if the company is already heavily staffed by one particular race of workers. What the company wants to avoid is favoritism that might be shown toward employee’s family members or friends. When family members are hired, it is pretty typical that they are of the same race as the employee. Care will be taken not to violate the mandates of Title VII, by avoiding overt or covert discrimination against any member of the protected classes. An additional way the company will use to prevent potential accusations of discrimination will be to make sure that all employees are made aware of our obligation under the law as well as our company’s commitment to a fair process. All staff members in the human resource department will be required to act in a non-discriminatory way. HIRING AND MANAGING A DIVERSE WORKFORCE 5 The Application Process Applications will be accepted from all persons interested in applying for the customer service position with the Accredo Health Group. Persons may apply on the company website by completing the online application and submitting it along with their college transcript as well as a current resume. The online advertisement will include both general and specific job requirements; all promising applicants are encouraged to apply. The goal of the company’s application process is to increase the pool of qualified candidates from diverse groups. We hope by broadening our advertising reach this increase will be accomplished. The application log will be maintained in order to keep track of the race, sex, ethnicity or national origin, and veteran, disability statues, and agree of people who apply for jobs with this company. The data collected will not be used to make hiring decisions, but it will be maintained within the human resources department. The company log will be produced upon request from the department of labor. Five (5) Step Procedure to Maintain Records (1) Maintain a record of the applicant’s clear interest in being considered for a position. (Formal written application, oral message, informal letter or e-mail message. (2) Compare the company’s application procedures to whether the applicant followed the prescribed procedures. Maintain the applicant’s application for at least one year. (3) Review resumes that have been submitted; maintain this form of applying for a position or one year. Every resume should be treated as an “applicant”. (4) Review applications submitted over the internet; these applications must be treated identical to the traditional “hard copy” application. HIRING AND MANAGING A DIVERSE WORKFORCE 6 (5) Maintain a record of the applicants who voluntarily withdraw from consideration. Applicants will be instructed to notify the human resource department when the applicant accepts another position or when they lose interest. Background Checks The three background checks that should be used by the Human Resource Department include: criminal background checks, county background checks and state background checks. The criminal background check “includes scanning county, state, and/or federal records” (Criminal Watch Dog, 2018). A county background check will contain information arrest and conviction data within a particular county. State background checks are limited because most states have very little information on file, however, state courts will have information on crimes that have been prosecuted at the state level. A criminal background check will include information on arrests, felonies and misdemeanors. There will also be some information regarding warrants, sex offenses, and incarcerations. Since there is no national criminal database available to the public, “ most national background checks occur by checking each state’s online database” (Criminal Watch Dog, 2018). This test is designed to rule out those applicants who currently have a criminal record listed in their state and/or county. Employment Test There are three employment test that the Human Resource Department should be using as a part of its hiring practices. The three test include the drug test, medical examinations, and intelligence and skills tests. This employer requires that any applicant being considered for a position with the company complete a drug test to “determine with reasonable certainty whether HIRING AND MANAGING A DIVERSE WORKFORCE 7 specified illegal substances are in a person’s system” (Walsh, 2016, p.187). The company is required to follow drug-testing procedures which are based on state drug-testing laws. Applicants will receive a copy of the company’s substance abuse and drug-testing policy. The policy does include the mention of a written notice that is provided to all applicants indicating that testing is required. Laboratories used to analyze the drug test sample must be licensed in the state of Tennessee. This company does all employees the option of receiving a confirmatory test which allows them to have their own tests done. Person’s possessing drug substances in their systems, will not be afforded the opportunity to work for the Accredo Health Group. In order to obtain information regarding an applicant’s health, a medical examination is administered. The test will be administered and interpreted by a health care professional. In addition to the aforementioned, the medical examination will also be conducted in such a way that it reveals information about nonvisible disabilities. The test is designed to rule out any applicant who might be incapable of performing the customer service representative duties because of a physical or mental health condition. The company uses a number of different tests to measure an applicant’s intelligence, knowledge and specific job skills. The test are developed by a local testing company that sells their rights to use the tests, to this company. The testing company will also score and interpret the test results. The company has taken all necessary steps to make sure that the tests meet the requirement of legality. Care has been taken to the wording of test items, the effects that the tests will make on the different protected class groups, making sure that the tests are job-related and that there is an appropriate scoring method. There are also proper accommodations in place for any disabled test takers. HIRING AND MANAGING A DIVERSE WORKFORCE 8 Intelligence tests will be used to screen out those candidates with undesirable traits and to identify those candidates who possess the right aptitude, skill base, and level of intelligence. Test will be given via the internet and will contain a variety of questions for candidates to answer. The same test will be given to all candidates applying for the same job, and the company’s intelligence test have passed the test of content validation and criterion validation. Persons taking the test who receive passing scores will be ranked and those with the highest scores will be chosen for consideration of open positions. It is important that the persons selected to fill the vacancies in this company possess a level of intelligence that makes them trainable. Making Hiring and Promotional Decisions The company has a policy in place that is designed to outline the stipulations for relating the hiring and promotional decisions of Human Resources. Once all qualified applicants have been interviewed, supervisors will submit recommendations for the designated positions. Human Resources will match the position with the candidate’s talent profile. Human Resources will run a query for alternative qualified successors. This process will create two list based on the candidate’s talent profile. “Candidates from both lists are considered in all talent reviews” (Martin, 2013). This policy will help to make sure that the final list includes only qualified candidates and that all potentially qualified candidates have been included. Reasonable Accommodations One of the ways that the company can make sure there are reasonable accommodations is to make company facilities accessible to and usable by disabled persons. This can happen if the company will remove any physical barriers, including narrow aisles and deep carpeting. Secondly, the company should provide qualified readers or interpreters including sign-language HIRING AND MANAGING A DIVERSE WORKFORCE 9 if needed. Finally, providing reasonable accommodations includes creating or developing a modified work schedule to include flexible start times, and liberal medical leave policies. An employee who must receive Dialysis three days a week can be reasonably accommodated by having the flexibility of using his lunch hour, combined with some medical leave to receive his daily dialysis treatment. A person can also be reasonably accommodated by job redesign The company is required by law to provide a reasonable accommodation of religion. An example of the use of this rule occurs when an employee was seeking a work schedule accommodation so he could be free to worship on the Sabbath. The employee was allowed to switch schedules with another employee before the ninety day probationary period was completed, in order to be reasonably accommodated. A reasonable accommodation to religion may not be possible if the employer accommodation imposes significant expense. Affirmative Action Violation In a case against Harvard University, the school was charged with using racial quotas in the racial makeup of the class. The lawsuit asked the courts “to block Harvard University from considering race in admissions as the suit charges that they are” (Mulhere, 2014). The plaintiff was an Asian-American student who was rejected by Harvard University even though he was valedictorian of a competitive high school, earned a perfect score on the ACT and an 800 on the SAT subject exams. The student received legal counsel through the anti-affirmative action group Project for Fair Representation. It appeared that Harvard had a disguise for racial balancing which meant that Asian Americans were held to higher standards for admission. “The school issued a statement saying that the university’s policy is compliant with federal law” (Mulhere, 2014). HIRING AND MANAGING A DIVERSE WORKFORCE 10 The notorious case of Anita Hill and Clarence Thomas was brought before the courts and the Senate Judiciary Committee. In the case, Anita Hill argued that Clarence Thomas sexually harassed her in the workplace. This case put sexual harassment in the workplace in the public’s eye. Prior to this case there was very little outward conversations on the subject of sexual harassment. A case in Paris was settled involving five workers who complained of sexual harassment by their “team leader at the cleaning company they worked for. The harassment included uncomfortable kisses and inappropriate touching and some more intrusive behaviors. The women won their case with an award of about $23,000 for sexual harassment and $11,500 for discrimination. The court ruled that the company failed to protect the four employees and there were no existing measures to do this. Whatever preventive measures that were ...
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