Employment Laws and HRM Strategy Essay Example for Free

Employment Laws and HRM Strategy Essay Describe the scenario that you have selected and its corresponding employment laws. The human resource scenario the writer selected is the need for seasonal employees who may be from another country. Employment laws for the state of Mississippi will be a base used to solve this issue. Mississippi Wage and Hour Laws from the Employment Law Handbook insures that seasonal workers are provided with a minimum wage, meals and breaks, vacation, sick leave, severance and holidays. Mississippi currently does not have any state laws requiring or regulating these requests. Mississippi uses federal guidelines as a base for establishing employment laws. The federal law as of today requires a minimum wage of 7.25 dollars. The federal law for overtime is also followed by Mississippi. Meals and breaks according to federal law are not defined. Breaks taken by an employee that are less than twenty minutes must be paid and lunch breaks thirty minutes or more do not need to be paid as long as an employee can do whatever he or she likes during this period according to the Department of Labor. Vacation leave is determined to the employer since Mississippi legislature does not have any established guidelines on this matter. Sick leave, Severance pay and holidays are all determined by an employer in the state of Mississippi due to established laws in this state (Mississippi Wage and Hour Laws, 2012). In August of 2012 Mississippi held a committee meeting on immigration reform. Governor Phil Bryant wanted to reaffirm a law preventing undocumented immigrants from recovering public benefits. The Mississippi Senate will have to take into consideration the United States Supreme Court rulings and federal appeals when drafting Mississippi legislature for immigration laws. The Mississippi state immigration law would have to comply with E-Verify laws and constitutional laws are not violated. President Barack Obama passed a deportation deferral to immigrants earlier this year but states can pass their own immigration reform laws such as Arizona and Alabama (Cherry, 2012). The United States Department of Labor established an act called The Migrant and Seasonal Agricultural Worker Protection Act or (MSPA) in order to protect these types of workers. The act protects employment related migrant and seasonal workers. The MSPA ensures that each nonexempt farm contractor and agricultural seasonal association disclose their terms and conditions of employment to each migrant worker. The terms and conditions of employment must be explained to the migrant and seasonal worker at the time of recruitment (Department of Labor, 2012). The job must description must also explain worker protection, amount of wages due to a migrant worker and provide an itemized statement of earnings and deductions (Department of Labor, 2012). The Migrant and Seasonal Agricultural Worker Protection Act also guide housing and transportation. The federal guide line ensures that housing and transportation provided meets federal and state guidelines with proper licensure and insurance which is enforced by the wage and hour division. The federal guidelines require records must be kept for at least three years which includes name, permanent addresses and social security numbers (Department of Labor, 2012). The Fair Labor Standards Act or (FLSA) requires that workers on large farms are paid minimum wage but they are excluded from overtime premium pay. The FLSA prevents children under the age of sixteen from working during school hours and working certain jobs deemed too dangerous. Children that are employed on their families’ farm are exempt from the Fair Labor Standards Act (Department of Labor, 2012). The Immigration and Nationality Act (INA) require employers that want to use foreign temporary workers with H-2A visas get a labor certificate from the Employment and Training Administration. The certificate ensures that there are not enough able, willing and qualified United State workers available to do the work. The Immigration and Nationality Act standard of the H-2A program is enforced by the wage and hour division (Department of Labor, 2012). Recommend a plan to manage the HRM situation within the confines of the law. Justify your approach to your scenario to HR management. The human resource management plan the writer recommends would be based on performance. Job performance and task performance represents what an employee contributes to an organization that employs them. Migrant workers would benefit from this type of grading system if the work performance is factory based. Task performance is the product of employees performing actions leading to the production of raw materials into goods and services. Studies have been performed to show job performance management provides feedback and measurement improves employee performance leading to better organizational performance (Stewart, Brown, 2011). The writer believes migrant workers may show citizenship behavior. Employees often show citizenship behavior by going the extra mile for the company, volunteering for special projects, following organizational procedures even if they are not convenient for the employee and defending the business where the employee works (Stewart, Brown, 2012). The writer would focus on counterproductive behavior before it starts. Counterproductive behavior is behavior from an employee that is harmful to a business. An employee can exhibit two types of counterproductive behavior: 1) production deviance 2) property deviance occurs when employee sabotage equipment, destroys materials and products and misuse expense accounts. The counterproductive behavior can also be extended to gossiping about coworkers and showing favoritism. The writer would create a manual of policies and procedures explaining how this behavior is prohibited and have disciplinary consequences set in place if this behavior is exhibited. The writer would not use performance appraisals as much. The main goal would be to give feedback to an employee and listen to any problems they may be having. State how a competitive advantage may be gained by ensuring HRM practices meet the necessary employment laws. A competitive advantage can be gained by ensuring human resource strategies are followed. A company must have an employee handbook, benefits package, job descriptions and a payroll system in place to ensure human resource strategies are at an advantage to the company. The steps above can be followed also to keep in compliance with legal employment issues. Laws and regulations are important to ensure equal rights to disabled worker, employment eligibility for migrant workers with the use of an I-9 form, drug screening and work place harassment. A competitive strategy can lead to effective human resource department and a successful business (Managing Employees, 2012). Speculate what might happen if the situation was not handled in accordance with the appropriate employment laws. A business that does not follow employment laws can face state and federal criminal charges. A business can avoid costly law suits by following laws to ensure employees are treated fairly. A company’s compliance can save money that would be used to repair a damaged reputation. Specific laws protect employees from immutable characteristics such as sex, race, age and religion. Characteristics such as tattoos, nose piercings and long hair are not covered by federal and state laws. State laws can set a basis by not discriminating against marital status or sexual orientation and may not conflict with federal laws. The writer speculates that if state and federal discrimination laws are broken a company can face many damaging hardships (Stewart, Brown, 2012). References Cherry, Daniel (2012). Lawmakers Gearing Up for Immigrant Reform Battle Retrieved from http:www.mpbonline.org on November 18, 2012 Stewart, G., Brown, K. (2011). Human resource management (2nd ed.). Hoboken, NJ: John Wiley and Sons Managing Employees (2012). Retrieved from http:www.mississippi.org on November 18, 2012 Mississippi Wage and Hour Laws (2012). Employment Law Handbook, Retrieved from http:www.employmenthandbook.com on November 18, 2012 The Migrant and Seasonal Agricultural Worker Protection, (2012) Department of Labor Retrieved from http:www.dol.gov on November 18, 2012

Give Students a Break :: Argumentative Persuasive Essays

Give Students a Break Students at Tech, and indeed at most colleges, eagerly anticipate holidays because they provide a welcome break from classes. Although some may say that breaks only take away valuable class time from students, they fail to see the educational benefits that breaks afford. Tech's sparse holiday offerings take little advantage of these benefits. Tech is harming students, who could greatly benefit from the time breaks offer for relaxation, family interaction, and studying. Despite criticism, breaks do not necessarily have to adversely affect students' education by taking away important class time. There are many ways Tech could integrate breaks into its semester schedules without loosing any class time at all. For instance, classes could begin a few days early or end a few days late, allowing breaks to be added into the semesters. Alternatively, Tech could shorten its overly-long twenty-eight day Christmas break and use those days for breaks during the semesters. Careful planning of the breaks already offered would even help. During the fall semester, Tech currently offers one of its five breaks less than a week after classes begin and three more of its breaks less than three weeks before Christmas break begins. This poor scheduling leaves large gaps during the semester with no breaks at all. Why, though, are breaks important from an educational standpoint? One reason is that they lightens students' stress loads. College is stressful enough with breaks; without them, students have no way to recuperate from the stress of classes. During Montana Tech's fall semester, there are over two months of straight classes that contain no breaks at all. During the spring semester, there are two more large gaps between breaks, one of which is also over two months long. Although weekends do help, these are often used for studying and homework and do little to ease the students' stress. Many students begin to dislike their classes because of the stress they cause, and as a result, some put less effort into their studying. Breaks allow students some time off from their classes to relax so that they can come back refreshed. Another reason breaks are important is that they give students time to spend with their families. It is very important to develop social skills during college and, it is also important to become more independent. Both of these will aid the student when starting a new life after graduation. But family relationships are still very important for students.

Effects of globalisation case study- China Essay

China is the world’s seventh largest economy and the largest country in terms of population size. It has also become the 8th largest world exporter of manufactured goods and the second largest economy in the world, after the United States, on the basis of purchasing power parity. The impact of globalisation on China has been profound, having an impact in a number of different areas. Government Strategies to promote economic growth and development Between 1978 to 1994 China abandoned agricultural collectivisation, replacing it with a system of household responsibility, allowing individuals to make their own production decisions. Individuals could sell their surplus output in free markets after the state quota was met. This lead to dramatic increases in food production and incomes. Surplus income was invested into privately run town and village enterprises responsible for light manufacturing. The government also increased the authority of local officials and plant managers in industry and permitted a wide variety of small-scale enterprises in services designed to increase productivity with the ‘profit incentive’. Today, non-state economies account for 40% of China’s gross domestic product (GDP). In 1980 Special Economic Zones were established in the southern coastal provinces of China as a result of its ‘Open Door’ policy, adopted towards foreign trade and investment. These zones attracted foreign investment through incentives offered such as low tax rates, exemption from import duties, cheap labour and power, and less stringent regulations. This resulted in an increase in trade from 10% of Gross National Product (GNP) in 1978 to 36% of GNP by 1996. In 1992 tariff rates were reduced from 32% to 19%, supporting China’s drive for foreign investment. Economic growth, development and quality of life China has been experiencing a high rate of economic growth above 10% per annum. It uses foreign investment funds to finance export industries, enabling it to maintain large foreign currency reserves and receive  technology transfers from industrial countries. Higher productivity and the increased flow of money entering China as a result of globalisation have been increasing development and the quality of life, reducing the number of people below the poverty line. Although incomes in China are very low, the poverty line reflects absolute poverty based on the minimum subsistence necessary to maintain life. Higher incomes have allowed for more investment for further development in the country and living standards. The life expectancy at birth has also dramatically increased from 35 in 1950 to 72 in 2002. The Human Development Index is a number less than 1 (1 being the highest) calculated to enable the comparison of standards of living across different countries. It is based on life expectancy at birth, levels of educational attainment and gross domestic product per capita. China has a Human Development Index of .721, making it a medium developed country. Global Trade, Investment and Transnational Corporations Globalisation and trade have had a great impact on China.. Nearly 400 of the top 500 Transnational Corporations (TNC’s) have opened business or invested in China. By July 1999, China had 334000 overseas-invested enterprises with actual investment of US$288.94 billion. China ranks as the top exporter of many labour intensive products such as garments, shoes, clocks and bicycles and over the past few years many TNC’s such as ‘Streets’ ice cream have moved their operations to China to take advantage of low production costs. These low costs are due to the tens of millions of young job seekers ready to work for even less than the official minimum monthly wage of 700 yuan. Although they provide employment, workers are often forced to do long shifts often under poor conditions in order to support themselves and their families. TNC’s have affected the development of local businesses that are unable to update their technology as often as large, overseas companies. Outdated  technology means that their resources are not used as efficiently, reducing productivity and forcing wages to remain low. Unable to compete with large multinational firms and wealthy nations, small businesses have been forced to do business locally, never growing and reaching their full potential. Larger businesses that have been able to keep up with changing technology, however, have greatly benefited through increased productivity as a result of the increased level of technology brought about by globalisation. Distribution of Income and Wealth Despite average incomes rising, income and social inequality in China have grown between rural and urban populations. China’s growth and development are very dependent on the Special Economic Zones in the southern provinces which are dominated by foreign investment and technology. People living in these areas earn approximately 20000 yuan a year. In contrast, the northern provinces that rely more on agricultural production for the generation of income and employment opportunities earn an average of less than 6000 yuan per year. This is the major cause for inequality in the distribution of income. The top 20% of income earners receive 42.5% of the countries GDP. By international standards, China has entered â€Å"a zone of income distribution inequity.† Environmental Consequences Globalisation has contributed to the deterioration of the environment in China due to a loss of arable land as a result of economic development. An increased population growth in urban areas as people move to be closer to factories results in the clearing of large areas of land and a strain on resources. China, unlike many developed countries does not have extremely strict standards on the disposal of waste. Factories set up by overseas companies often create a lot of pollution and dangerous waste product not always properly disposed of in order to cut production costs. Persistent organic pollutants and the exploitation of fisheries pose major threats to the environment. High levels of energy use bear a large responsibility for man made greenhouse gasses in the atmosphere. These factors contribute to  larger problems such as global warming and ozone depletion. The integration of financial markets and trade relationships has also increased the risk of ‘contagion’. Global Financial Markets and The International Business Cycle With more large businesses moving to China, there was a large demand on funds from the financial markets. China, however, does not have a financial market competitive with overseas markets. Many Chinese financial institutions are also required to lend money, under government policy, to government businesses, which are often inefficient, depleting the supply of funds. For this reason, most of the money is generally borrowed from overseas institutions. Like all economies, China acts as a part of the International Business Cycle, moving through booms and recessions. This connection to global movements is heightened as a result of globalisation. The Asian Crisis of 1997 is an example of this. As people lost confidence in Asian economies and withdrew money from investments affecting economies through lost output, rising unemployment, higher inflation and poverty. China was not as badly affected in this crisis as other Asian countries. This was because foreign investment was in the form of assets rather than shares. This meant that investors were not able to withdraw their money quickly as they were in other Asian countries.

Essay on The Crucible Rhetorical Analysis - 902 Words

The Crucible Rhetorical Analysis In a society where the thoughts and opinions of people are meant to blend in, a division actually occurs where they are usually separated because of their opinions. The play and the event, The Crucible and the â€Å"Red Scare† respectively, supply greatly to the difference of opinion because it shows that people are willing to do anything to not only oust the people that they dislike, but try and obtain the attention that they are seeking. During the â€Å"Red Scare,† McCarthy targets the issue of communism in the United States of America in order to become the favorable candidate for re-election as well as obtaining the attention that he desired. This event parallels with Abigail Williams, from Arthur Miller’s†¦show more content†¦As the investigation went on, McCarthy sat back as he gained fame and his victims suffered from his vicious lies. Abigail and McCarthy both tried to use pre-existing fear as an exploit in order to help build their fame: Ab igail wants the attention; and McCarthy, the recognition. In the play Abigail started the malevolent lie just so she could achieve one simple goal: the disposal of Elizabeth Proctor and the start of a spectacle. As the play states, â€Å"John—I am waitin’ for you every night,† (Miller 838). Abigail obviously wants to make Elizabeth look like witch material in order to eliminate Elizabeth and grant Abigail the spotlight that she wants. This shows that Abigail, much like McCarthy, has a motive when it comes to using fears and exploits to deceive the town of Salem. At the same time, Senator McCarthy wants to use the existence of communism in order to help build his fame so he can easily be re-elected. Williams and McCarthy both show that when there is a weakness or a fear in the system or the society; they had to get in the opportunistic strike at the perfect moment in order to get the maximum amount of attention possible. During the time of the â€Å"Red S care† McCarthy stated that he â€Å"loved to manipulate people,† (Oakley 207). He was able to â€Å"swagger† in the meeting and he knew that he could stir up â€Å"turmoil and confusion† at a moment’s notice. OnceShow MoreRelatedThe Crucible Rhetorical Analysis786 Words   |  4 Pageswitchcraft. The play The Crucible depicts this incident as it closely happened in real life. One character in this play, Judge Danforth, was the judge of the trials who believed that these accusations of witchcraft were true, and order the executions of those 19 innocent people. 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