MGMT 3340 Week 1 Notes
MGMT 3340 Week 1 Notes MGMT 3340
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This 4 page Class Notes was uploaded by Trisha Messick on Thursday January 21, 2016. The Class Notes belongs to MGMT 3340 at Southern Utah University taught by Dr. Calvasina in Spring 2016. Since its upload, it has received 13 views. For similar materials see HR Management in Business at Southern Utah University.
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Date Created: 01/21/16
Why is it important to determine if an employment relationship exsists? Basic Tax; unemployment tax, social security (7.5% employee, employer matches) o This is a big issue because of the cost Many of the federal laws that have been established, they don’t apply to independent contrators o Things like wage an hour and discrimination don’t apply. They only apply to statutory employees If any other benefits are offered to employees, like health care, it doesn’t apply to independent contractors Contingent workers: people that work for a limited time. Brought on to do a job for like a month and then they are let go. Whether someone is an employee or an independent contractor? Tests: Economic realities test o Whether they have freedom to work for other people o Who provides the equipment o Given a specific job, painting a wall – their expertise o Authority over when and how the work gets done Common Law test o Whether they have freedom to work for other people o Are they really in a business o What is the tax treatment for these people (LLC, limited liablilty corporation) There may be back overtime that they can show, then they can show that we misclassified someone. Then that person can be paid up to 3 years in back due overtime. The best recollection of the employee will be feasible. If they made notes or something to the sort. Showing how much they worked a week. Whatever overage it shows you can owe that up to 3 years back. The ramifications are just the opposite of the cost savings. This is not just a big business issue. This is an issue within all of business. MGMT 3340 Lecture 1-14 National Labor Relations Act – whether unionized or not it applies to you, has to do with whether or not you are involved with interstate commerce. Concerted Activity – any activity that 2 or more employees engage in for their mutual protection. o Talking about pay outside of policy, threatening them. This is a violation of law. o IF someone wants to talk about work conditions, pay, etc. because of concerted activity they have the right to. The only way congress can regulate what we do, is if we have anything to do with interstate commerce. If anything passes in our company over state lines. If you are retail, you did 250,000 in a Calendar year. There is no way you did business at some point that passed state lines. Then Congress is a part of your business. If you unionize then there are additional laws. If you have 15 or more employees on payroll over a calendar year, you are subject to a title 7. Age discrimination in employment act – if you have 20 employees you are protected under the ADEA Commerce Clause – where commerce gains the authority to regulate private business This only stands true if that business is part of interstate commerce. Government Contracts 3 Branches of Government Judicial Legislative Executive – have the authority to issue an executive order o IN respect to employment it was very powerful because of Executive order 11246. This is the executive order that regulates employment contracts with the federal government o Before you can make contracts with the federal government, you have to demonstrate that you are truly an equal employment opportunity member, by using an affirmative action plan Office of Federal Contract Compliance Programs (OFCCP) - is responsible for ensuring that employers doing business with the Federal government comply with the laws and regulations requiring nondiscrimination. Order in which things must be carried out: Equal Employment opportunity commission (EEOC) – this agency has the authority to sue on your behalf. This rarely happens, most instead go to mediation with your employer EEOC, when they look at a complaint file they make a decision about whether or not to go forward with the dispute. What normally happens with an EEOC charge, they give an individual the right to sue o You can not go in to sue your employer under the title 7 you have to have one of these. Unless the EEOC is doing it for you, which is very infrequent. Mediation: come to an agreement between the employee and the employer. To satisfy the law without going to court. Mediators: people that try to go between the people to come to an agreement to settle the dispute. Arbitration: is a process whereby the parties submit their dispute to a 3 party rd mutual. Before they do that they agree to be bound by the decision of the 3 party mutual. They agree as long as it follows the rules they will not sue after the decision is made. At will Doctrine – o People that are part of a union are not an at will employee anymore. o These contracts provide for due process with the settling of disputes with the contract provided o Most unions use Arbitration. Even if you are non-union some employers still use arbitration With certain laws, enforcement of these statutes are not uniform. Most complaints under the civil rights act fall under race. What has this resulted in? American disability act Age discrimination act How can these laws be enforced? They contract with state agencies. Utah has a partnership with the EEOC to enforce anti-discrimination rd Onbuds person – about as 3 party as you can become while still being an employee of the company How a company is set with an OB CEO OB VP VP VP The Role of the Manager in the Legal Compliance: Policy – have employees bring complaints to our attention o We need to be able to communicate with employees o Make sure they understand how to do it, and that there will be no retaliation Make sure we are enforcing rules and regulations in a fair and consistant matter. If employees need accommodation, as a manager we are not qualified to make the decision, at that point contact HR and ask for further assistance.
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