A Comprehensive Analysis of Key Labor Laws and Human Resource Management Challenges in the 21st Century

A Comprehensive Analysis of Key Labor Laws and Human Resource Management Challenges in the 21st Century

Answer for Question 1: The Family Medical and Leave Act of 1993

Importance of the act to American employees

The Family and Medical Leave Act (FMLA) of 1993 is a federal law in the U.S. that provides a comprehensive leave policy to employees. As a labor law, FMLA requires employers to grant American employees unpaid time off from work for a finite time to care for their families. Americans are entering the workforce in large numbers, with many as key income earners in their households (Arellano, 2015). Workplaces without adequate work-life balance for their employees often have negative consequences for employees with caregiver responsibilities. FMLA comes in as a remedy and removes the need to choose between their families and jobs, enabling them to find the best fit between caring for their family members and employment security. The legislation impacts employees by recognizing that familial roles are the default and heavily impact their work lives. Eligible workers may take unpaid time off for reasons such as serious family health issues, foster care issues, military leave, or pregnancy. Additionally, the act protects employees’ jobs in that the worker can return to the same job position.

Major components of the Act

The three major components of the legislation are the leave requirement, employment and benefits protection, and enforcement. Leave requirement is the general entitlement to leave and posits that an eligible employee is entitled to a 12-month period to bond with their children, undertake foster care or care for a family member’s serious health condition (U.S Department of Labor, n.d.). On the other hand, the employment and benefit protection component seeks to protect an employee’s job and benefits. In such a case, upon return, an employer must provide a position that is substantially equal in responsibilities and pay and benefits for eligible employees. The third major component is concerned with the enforcement of the act. In this bit, employees can initiate a civil action against their employers who violate section 105 of the act (U.S Department of Labor, n.d.). According to section 105, employers are prohibited from denying eligible workers unpaid time off or discrimination. Hire our assignment writing services in case your assignment is devastating you. Our team of experts is ready to help.

Observation of the Act

I think the two best areas in the policy are where employers are compelled to grant leave time with guaranteed job protection. The legislation particularly impacts women by giving them a reasonable break to attain work-life balance (Arellano, 2015). This is a good labor market arrangement for women who raise their families knowing very well that their jobs are protected. In the same vein, the law acknowledges the importance of men in their families other than the role of breadwinner. However, the act does not extend coverage for all family members. Instead, the current eligibility requirements limit the definition of relatives (Arellano, 2015). The main challenge that emerges is that for employees, the need to care for a distant relative like an aunt may be as important as that of an ailing parent or child.

Answer for Question 2: Labor Laws

(a). Norris-LaGuardia Act of 1932

The Norris-LaGuardia Act of 1932 is a labor law that limits the power of the federal courts from issuing injunctions in labor disputes arising from strikes, picketing, and boycotts. At the same time, the law legalizes workers’ rights to engage in collective bargaining without the fear of interference by employers. The primary reason for enacting this act was to limit courts from issuing injunctions that restrained legal collective bargaining attempts by unions and workers (Finkin, 2014). It brought major changes to the workplace by improving working conditions, improving wages, reducing working hours to the acceptable limit, and offering job security for employees (Finkin, 2014). The act benefits the unions and employees as the judges cannot use their powers to limit union activities, and workers are not restrained from joining labor unions.

(b). National Labor Relations Act of 1935

The National Labor Relations Act of 1935 is a labor-related law enacted by Congress to allow unionized workers to strike and bargain jointly and stop certain private-sector labor and management practices. The law came into being with the chief purpose of containing violent confrontations between management and workers, which had frequently resulted in economic damage, property loss, injuries, and deaths (National Labor Relations Board, n.d). The National Labor Relations Act encouraged contracts that require employees to join unions. The Wagner Act benefits both the management and employees by discouraging certain private-sector labor-management practices that can harm the U.S. economy and safeguarding employees’ rights.

(c). Taft-Hartley Act of 1947

The Taft-Hartley Act of 1947 extended and modified the National Labor Relations Act of 1935. The law requires employees to become unionized as a condition of employment and, at the same time, prohibits certain union practices (Oldham, 1973). The act also discourages certain union practices and encourages certain administrative and financial activities. Additionally, the legislation requires unions to bargain in good faith. The major change courtesy of the act is that employers cannot refuse to hire prospective employees for refusal of being unionized (Oldham, 1973). The Taft-Hartley Act benefits employers, unions, and employees as a whole as it prohibits unions from taking advantage of employers, imposes good-faith bargaining, and gives employees the right to form labor movements and engage in collective bargaining, respectively.

(d). Landrum-Griffith Act of 1959

Also known as the Labor-Management Reporting and Disclosure Act (LMRDA), the Landrum-Griffith Act of 1959 seeks to prevent employers’ and labor organizations’ improper practices. Its enactment was motivated by rampant abuses in the administration of labor originations, such as corruption and racketeering (U.S Department of Labor, n.d.). The law established a Bill of Rights for unionized members and implemented reporting and disclosure requirements. The act benefits unionized employers and employees by restraining improper disciplinary action. At the workplace, the law has ensured that internal union affairs are conducted based on honesty and democracy.

Answer for Question 3: Challenges Facing HR Practices in the 21^st Century

In the wake of the 21st century, organizations started aligning their HR practices in response to globalization, technological development, and liberalization. The concepts, however, brought numerous challenges to the HR practices, including labor demographics, human resource management (HRM) skills, acquisition and management of talent, and technology and knowledge.

Labor demographics

The 21st century has, so far, witnessed significant demographic changes in the labor force. Unlike in the past, organizations faced a reduction in the number of skilled workers for increasingly complex jobs (Nasir, 2017). This state of affairs has seen highly skilled employees remain in the workforce. Implicit to this situation is the idea that most organizations embraced technology to remain competitive. As a result of these, companies recorded low levels of productivity in the first half of the 21st century (Nasir, 2017). The shortage of potential workforce is a major concern as it directly affects companies’ competence in terms of knowledge and skill sets required to keep pace with the modern business environment. In the face of this challenge, organizations continue to embrace the concept of diversity to not only acquire a varied workforce but also to market their brands.

HRM skills

HRM skill requirement is another formidable challenge that HR professionals are facing in their jobs. According to Nasir (2017), in today’s business environment, HR and leadership decisions determine the success or failure of organizations. Particular to this regard is conceptual and design skills required to evaluate challenging situations identify suitable alternatives, and make decisions, leading to the implementation of a solution problem. Studies show that at the onset of the 21st century, most firms lacked the requisite design and conceptual skills needed to figure out innovative solutions to a range of global challenges. Regardless, organizations have paid much attention to training and career development to equip HR managers with the expertise required to wade through the modern business environment.

Talent acquisition and management 

As the world became more globalized and connected through the Internet of Things, the workforce preferred work opportunities that give them more than just financial freedom. This phenomenon has imposed various challenges to HR practices, especially regarding strategies that attract and retain top talents (Machado & Davim, 2014). Empirical findings suggest that millennials are looking to work remotely and schedule their working times. This area of concern plays an important role in organizational success. Essentially, firms that hire people with work interests and lack the necessary skills risk poor long-term performance (Machado & Davim, 2014). As a consequence, organizations continue to identify challenging and meaningful work, as well as high flexibility to attract the 21st-century workforce. Additionally, employers are focusing on building employee brands by embracing socially responsible HR practices, such as diversity and fair reward and compensation plans. Such approaches continue to attract employees and reduce turnover rates.

Technology and knowledge

Information technology (IT) has had a significant impact on HRM in the 21st century. Technology has been instrumental in helping organizations reach their business targets, not to mention optimizing work processes and, ultimately, competitive edge. Typically, HR activities including activities such as recruitment, training, development, and rewarding (Machado & Davim, 2014). The primary challenge in this regard has been how to incorporate IT in the aforementioned practices to achieve employee professional development and competitiveness. In response, firms have continually adopted a wide range of technologies such as the internet, mobile communication, and new media into their HR practice to match global competency in HRM.

Answer for Question 4: Employee Rights and Employee Privileges

Employee rights

Employee rights refer to employees’ freedom to engage in legal workplace practices such as joining labor unions without interferences. These rights are protected by certain legislations and make it optional for unionized workers to pay for union fees (U.S Department of Labor, n.d.). Example Examples of employee rights include the right to bargain for the minimum wage, workplace safety, health coverage, social security, and unemployment benefits. The Fair Labor Standards Act (FLSA) provides special protection for employees to receive minimum wages (U.S Department of Labor, n.d.). In terms of workplace safety, the Occupational Safety and Health Act of 1970 ensures that employees face minimum dangers in their workplaces (U.S Department of Labor, n.d.). In the same vein, employees’ insurance rights are protected by the Affordable Care Act. The Social Security Act does the same for workers by providing a safety net for the disabled and retired Americans (U.S Department of Labor, n.d.). However, joint federal-state programs manage payment to the unemployed population who meet federal eligibility criteria.

Employee benefits

Employee benefits are extra compensations that firms give employees, either at the executive level or universally. One of the common fringe benefits is the 401(k) Plan, which offers workers a tax advantage to save towards their retirements (IFRS, n.d.). Another benefit is Health Insurance, which allows employees to seek medical services from physicians contracted with specific insurance firms. Life and disability plan also forms the list of fringe benefits. The plan is meant to compensate employees’ lost wages in case of death while working (IFRS, n.d.). In the same category, a pension plan requires employers to contribute towards employees’ future benefits. Flexible time benefit is another employee benefit that allows workers to choose the starting and finishing time of their workday.

Answer for Question 5: Performance Appraisal

Reasons for Conducting Performance Appraisal

Performance appraisal is a continuous review of workers’ performance and general contributors to an organization. Performance appraisal assesses employees’ skills, growth, and achievement. One of the main reasons for conducting performance appraisal is to determine big-picture feedback on workers’ roles and justify their pay adjustment (Levinson, n.d.). It is also conducted to terminate decisions that are not suitable for employees’ work performance. Performance appraisal also helps companies to resolve grievances and strengthen bonds. The concept is important as it helps organizations allocate their limited pool of funds to award pay increases and bonuses.

Performance appraisal methods

Some of the performance appraisal methods used by most organizations include

Self-assessment, peer assessment, and 360-degree feedback. The first approach offers employees the opportunity to reflect on their performance (Levinson, n.d.). On the other hand, peer assessment is used to determine employees’ ability to work well with their colleagues. In 360-degree feedback, employees receive feedback from all their workmates (Levinson, n.d.). I think the 360-degree offers a clear understanding of an individual’s performance because the feedback comes from an employee’s circle of influence.

References

Arellano, J. (2015). Don’t leave the U.S. behind. SAGE Open, 5(2), 215824401558155. https://doi.org/10.1177/2158244015581553

Finkin, M. (2014). The meaning and contemporary vitality of the Norris-LaGuardia Act. Nebraska Law Review, 93(1), 7-29. Retrieved 19 June 2021, from https://core.ac.uk/download/pdf/33140715.pdf.

IFRS. IFRS – IAS 19 Employee Benefits. Ifrs.org. Retrieved from https://www.ifrs.org/issued-standards/list-of-standards/ias-19-employee-benefits/.

Levinson, H. Appraisal of What Performance? Harvard Business Review. Retrieved from https://hbr.org/1976/07/appraisal-of-what-performance.

Machado, C., & Davim, P. (2014). Human resource management and technological challenges. https://doi.org/10.1007/978-3-319-02618-3

Nasir, S. (2017). Emerging challenges of HRM in 21st Century: A theoretical analysis. International Journal of Academic Research in Business and Social Sciences, 7(3), 216-223. Retrieved from https://ideas.repec.org/a/hur/ijarbs/v7y2017i3p216-223.html.

National Labor Relations Board. (2021). National Labor Relations Act | National Labor Relations Board. Nlrb.gov. Retrieved from https://www.nlrb.gov/guidance/key-reference-materials/national-labor-relations-act.

Oldham, J. (1973). Organized labor, the environment, and the Taft-Hartley Act. Michigan Law Review, 71(5), 935. https://doi.org/10.2307/1287575

Taft, P. (1961). The impact of Landrum-Griffin on union government. The ANNALS of the American Academy of Political and Social Science, 333(1), 130-140. https://doi.org/10.1177/000271626133300112

U.S Departent of Labor. U.S. Department of Labor: Wage and Hour Division. The Family and Medical Leave Act of 1993, as amended. Retrieved from https://www.dol.gov/agencies/whd/fmla/law#SEC_107_ENFORCEMENT.

U.S Department of Labor. U.S Department of Labor. U.S Department of Labor: Summary of the major laws of the Department of Labor. Retrieved from https://www.dol.gov/general/aboutdol/majorlaws.

U.S Department of Labor. U.S Department of Labor/Office of Labor-Management Standards FAQ CONTACT Search OLMS Search. U.S Department of Labor: Labor-Management Reporting and Disclosure Act of 1959, as amended. Retrieved from https://www.dol.gov/agencies/olms/laws/labor-management-reporting-and-disclosure-act.

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The exam consists of five (5) long essay questions. Make sure you address each point in each question and provide complete answers.
Directions:
• Refer to the Unit Readings, specifically the Textbook Chapters, Unit Lectures, readings & resources, and credible sources from the Library or the internet to support your responses
• Research the information and paraphrase your response to the question with cited academic data. The APA process is required. Students are required to identify academic sources correctly.
• Do not cut and paste from academic sources – Safe Assign is used to prevent plagiarism.
• It is highly advisable first to answer the questions on the attached Word document and then copy and paste them into the exam.

Questions:
1. The Family Medical and Leave Act of 1993.
Why is the Act so important to American employees and their families?
What are the major components (paraphrased in your words)?
What are your observations on the Act?
What is working well with the Act
What difficulties are there with the Act?

2. Explain the following Labor Laws with sufficient academic data and include why the law was needed and what changes the laws made to the workplace. Include whether the law benefits the unions, management, or both and why.
An understanding of each law is necessary.
Norris-LaGuardia Act of 1932
National Labor Relations Act of 1935
Taft-Hartley Act of 1947
Landrum-Griffith Act of 1959

3. Using academic research, explain four (4) of the challenges that human resource management (and companies) face in the first half of the 21st century. Be specific and list each challenge separately, explaining what it is, why it is concerning, and what is being done to resolve it.

4. Research EMPLOYEE RIGHTS and EMPLOYEE PRIVILEGES.
• Employee Rights – Provide a summary of what employee rights are and list five of the rights guaranteed in the workplace and what laws determined those rights.
• Employee Privileges – explain what EMPLOYEE PRIVILEGES (sometimes known as fringe benefits) in the workplace are, along with a list of five or more optional types of privileges/benefits given by companies – research required.

5. What are Performance Appraisals?
• What are the three main reasons for conducting performance appraisals, and why is it such an important tool for employers and employees?
• Select three (3) of the common Performance Appraisal methods and describe their principal components.
• Which one of the three (3) do you feel is the best tool for informing employees of their work progress and why?