Pay, Benefits, and Terms and Conditions of Employment

Order Description

It 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:

•“Distinguishing 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:

1.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..

2.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..

3.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..

4.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..

5.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..

6.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..

7.Narrate each slide, using a microphone, and indicate what you would say if you were actually presenting in front of an audience..

8.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..

Here is Assignment 2 to use to create the power point

The recruitment process of an organization plays a critical part in determining the ability of the organization to maintain diversity and adhere to the set laws and regulations. There are different
strategies that are used by organizations to ensure that the right candidates are recruited and that diversity is maintained. Achieving diversity also involves ensuring that equal opportunities are
offered to the interested people and the company offers accommodations for disabled and those needing religious considerations. Organizations also ensure that records for the recruitment process
are maintained in case any law suits on discrimination in the process come about. This paper explores the recruitment process used for the recruitment of an operations manager responsible for
coordinating the daily operations of the organization.
Recruitment methods
1. Internal recruitment
One of the recruitment methods that can be used in the organization is internal recruitment where the most qualified and competent person in the organization is offered the opportunity to fill the
position of operations manager. To achieve this, the interested members of the organization are invited to apply for position and interviewed to establish the most qualified person for the
position. This method helps one to avoid discriminatory practices from the fact that all the members of the organization are offered an equal opportunity. Another way in which it prevents
discriminatory practices ensuring that the best candidate is selected on the basis of their competence (Dale, 2003).
2. External recruitment
The second recruitment method for the position of operations manager is through external recruitment where the organization seeks to recruit individuals outside the company. Using this method the
vacant position is advertised on different platforms including newspapers, company website and other platforms to reach the public. Applications are then received and interviews conducted to
determine the candidate that is best qualified. The method helps to prevent discrimination by ensuring that all the qualified candidates get an opportunity to apply for the position and go through
the interview process. The candidates are also awarded marks to show how they perform in the interview process and this information is used to select the best candidate hence no form of
discrimination (Zink, 2014).
3. Agent Recruitment
Another recruitment method for the operations manager position would be to contract a recruitment agent. The recruitment agency is responsible for advertising the position, carrying out interviews
and selecting the best candidate to be employed. Use of recruitment agencies ensures that equal opportunities are offered to all the qualified candidates in the market. The agencies advertise on
different platforms that reach many people to apply. An addition, the recruitment agencies select the candidates based on their qualification to ensure that they are all offered an equal
opportunity (Noe, 2013).
Application process
The recruitment process requires the organization to have an effective process which ensures that all the applications are received and evaluated to determine the most qualified candidate for the
position. The following are the main processes for the application process;
i. Invitation for applications
Interested candidates for position of operations manager will be invited to apply for the position by sending their resumes and application letter on the email address provided. Candidates will
also be able to apply through the company’s postal address.
ii. Reviewing resumes
The next step will be to review all the applications received in order to shortlist the candidates who meet the set criteria. A selection committee will be selected which will go through all the
applications and resume received to shortlist the most qualified candidates for the position.
iii. Interviewing candidates
All the interested candidates will be invited for interviews by the recruitment panel where the main aim will be to evaluate their competence. The candidates will be asked questions about their
qualifications and past experience.
iv. Collecting transcripts
The candidates will also be required to provide their original transcripts. Copies for the transcripts will be made for the selected candidate for record keeping by the company and for future
reference when needed.
v. Verifying certifications
The next step is to verify the candidate’s certifications to ensure that they are valid. This will involve seeking verification with the various certification bodies to ensure that the information
provided by the candidate is correct.
Maintaining applicant’s records
There is need to maintain records of all the applicants in case of any discriminatory charges that are placed against the organization. The following steps will help to ensure that good records for
the recruitment process are maintained.

i. Clarification on the documents to be provided
The first step in maintaining good records of the recruitment process is ensuring that the necessary documents are provided by all the applicants. To achieve this, the organization needs to clarify
on the necessary documents that need to be provided including the application letter, resume and certificates.
ii. Verification of documents
The next step is verification of the documents to ensure that they are valid. This is especially the case with the certificates that are provided to show levels of qualification. Where possible,
verification is also done by doing background checks which the institutions that issued out the certificates to ensure that they are genuine.
iii. Preparation of documents
Copies of documents should be made including printing of the application letters and resumes that are received on the company’s email address. Other important documentation include records of the
interview process and explanation of the criteria used to select the most suitable candidate.
iv. Preparation and storage of physical files
A file should be maintained for all the shortlisted candidates with all the documents that they have provided as well as the interview scores and comments by the interview panel. The physical files
should be stored in safe rooms to ensure that they are available when needed in future. Documents should be stored in a manner that makes it easy to access the documents that are needed.
v. Online storage
Another important consideration in storage of documents is to ensure that soft copies are maintained by scanning and storing on the company’s information system. This provides good back up that can
be used in case the physical documents are damaged. An online back-up system of the documents also makes it easier to access them when needed compared to physically stored documents.
Background checks
There are various background checks that will need to be undertaken in order to determine the competence of the candidate to serve in the position of an operations manager as outlined below;
i. Employment history
It is important to undertake background check on the employment history of the candidate in order to determine whether they have the right experience to undertake the roles assigned. Candidates who
have past experience on similar position are likely to perform better as opposed to candidates that have not performed similar roles in the past. Another advantage of doing background checks on the
employment history is that it helps to establish the areas where the employee may need training in order to settle well in the new position (Dash, 2008).
ii. Criminal history
Another important background check is the criminal history of the candidate which helps to establish whether they have been involved in any criminal acts in the past. This is important to ensure
that the organization does not high people who are likely to engage in criminal activities such as misappropriation of the organization resources. It also ensures that the company does not hire a
candidate with negative image which could also damage the company reputation. Background checks on critical history can also be done online to get more information about the particular candidate
and any kind of illegal dealings that he might have been involved in the past (Giles, 2012).
iii. Academic background
Academic background check is important to determine if the candidate has the required knowledge and skills to be able to perform well in the position. An operations manager for instance need to
have undertaken courses related to operations management to ensure that he understands what is expected of him and the ways that he can be able to excel in the position. In addition, it helps to
determine cases where the company may need to develop the new employee by paying for courses that help to increase knowledge (Jacobson, 2007).
Employment tests
In addition to the background checks, it will also be important to carry out medical examination and skills tests for the candidate.
i. Medical examinations
Medical examination is important when recruiting for the position of an operations manager. The test helps to determine the suitability of the candidate to perform the different roles without
developing any medical problems. The role for instance involves moving from one location to another as well as working in night shifts. A person with medical problems may not be able to fit well in
the position given the exposure to different environmental conditions (Cooper & Robertson, 2001).
Another importance of medical examinations is the fact that it helps to obtain the information needed to get insurance cover for the operations manager. Most of the insurance companies will need to
get this data in order to determine the best cover for the operations manager and the premiums that the company will be required to pay.
ii. Intelligence and skills tests
Another important test is intelligence and skills test which will help to determine if the candidate has what it takes to perform well in the role of operations manager. The fact that he will be
leading other members of the organization means that he will need to have the right kind of intelligence and skills in order to guide them on what they need to do. Testing for intelligence and
skills also helps to determine the training and development programs that can help to improve the competence of the operations manager to perform well.
Hiring and promotional decisions
To qualify for the position of operations manager, the candidate will need to have a minimum of master’s degree in operations management from a recognised institution. In addition, he will need to
have a minimum of 5 year experience in a similar position. The candidate will need to demonstrate good communication and interpersonal relationship skills. He should be able to work with minimal
supervision as well as being ready to work on night shifts as per the requirements of the job. The candidate should be a good team player and have good understanding of the trends in the industry.
This hiring policy will help to ensure that the candidate selected for the job opportunity is competent and can meet the expectations. Having the policy is also helpful for the recruitment
committee in determining the candidate who is best suited for the position (Jacobson, 2007).
There are various challenges that come about as a result of using subjective criteria to assess soft skills. One of the main challenges is the fact that it may not be possible to determine all the
skills of an individual as some of the competencies may not be established. This is as opposed to undertaking practical examinations where it is possible to recognise all the skills of the
individual. Another major challenge with the criteria is the fact that it becomes inefficient when there are many candidates that need to be assessed. A major adverse impact that come about from
the use of subjective criteria is the fact that the organization could end up missing out on employees who are highly competent and who have the skills that are needed. To overcome this adverse
impact, it is important for the organization to include other forms of assessment such as physical tests where candidates are offered an opportunity to determine what they are capable of. This
makes it possible to realise all the skills of an individual (Zink, 2014).
Accommodations for disabled and those needing religious considerations
• Conducting interviews at favourable locations
One of the key accommodations for the disabled applicants would be to ensure that the interview is conducted at a location which is favourable for them. A good example is the case of an applicant
using wheelchair in an organization that does not have a lift where the company can opt to conduct the interview at the ground floor where the applicant will be able to easily access. There are
however legal reasons why the company may not be able to provide such an accommodation especially when the job that the applicant is being interviewed for will require them to move around which may
not be possible for a disabled person (Zink, 2014).
• Scheduling for interviews at a time favourable for the candidate
Another accommodation for applicants who require religious considerations is ensuring that the interviews are scheduled at a time favourable for the candidate such as when they don’t need to attend
to their religious obligations. This ensures that there are no inconveniences for the candidate when they need to worship. It may however not be possible for the organization to provide this kind
of accommodation if the job that the applicant is being interviewed for involve tests that have to be conducted at that particular time.
Court charges
Jenson v. Eveleth Taconite Co. is an example of a case where the company was charged for failure to take appropriate action against cases of harassment. The case involved several employees who were
harassed by their male counterparts due to believe that women should stay at home. Jensen was also stalked by one of the supervisors while no action was taken by the company to pursue these cases
of harassment. As a result, Jenson pursued the case in court where a final settlement of $3.5 million compensation was agreed with the company.
To prevent similar cases in future, companies should have rules and regulations against harassment in the organization. Strict measures should be taken such as firing the employees who are found
harassing other members of the organization. There should also be a good reporting mechanism through which the employees can be able to raise complains of harassment. Having such rules and
regulations as well as an effective reporting mechanism would help to prevent cases of harassment.
McDonnell Douglas Corp. v. Green is an example of a court case on affirmative action violation. In the case, Green who had been working for the company protested that he had been unfairly
discharged on racial grounds. The case was ruled in favor of Green where it was decided that he had been unfairly discharged by the company.
The case is a demonstration of the need for companies to avoid cases of affirmative action violation given the risk of legal suits and the penalties that come about. To prevent similar cases, it is
important for organizations to ensure that employees are treated equally. All employees should be offered equal opportunities in the organization as well equal remuneration based on the positions
that they hold. This strategy will ensure that there are no grounds for any cases relating to affirmative action violation arising in the organization.
Work-life conflicts
There are various work-life conflicts that may arise in the organization and which the HR director needs to take into consideration as outlined below;
i. Family commitments
A major work life conflict that is likely to arise in the organization is the need for the employees to play their roles as family members. Employees who have children for instance need to spend
time with them and ensure their wellbeing. In this case the organization needs to adhere to the employment laws that require that the family life of the employees need to be respected. The
organization for instance should provide maternity leave for pregnant mothers in order to avoid law suits.
ii. Need to take time away from work
Another source of work-life conflict is the fact that the employees need to take time away from their work which enables them to relax and take care of their personal responsibilities. In this case
the organization should ensure that it adheres to employment laws by providing employees with annual leave. In addition, the organization need to ensure that there are favourable work schedules
where employees can be able to leave the organization in good time as opposed to being overworked.
iii. Personal development
Another source of work-life conflict is in the need for the employees to achieve their own personal development. This could be hindered by the tough work environment where the employees don’t get
the opportunity to pursue their own development goals. In this case the organization should adhere to the employment laws by providing the employees with flexible working environment where they can
get time to pursue their own development goals.
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