Employment Law Issues in the 21st Century
Introduction
The manager and human resource department of an organization need to be aware of human laws. The size of the business does not dictate adherence to the employment laws. Whether the company is a small entity or a big corporation in the United States, they all need to keep in mind and practice the employment law of the 21st century. Not all managers are experts in dealing with the regulations. However, they need to be knowledgeable about the laws if they encounter some of the issues. The rules that regulate the employment relationship work towards neutralizing the disparity of power between employers and employees. The main concern is usually on the employment-at-will jurisdiction. The laws are vital in setting up the minimum standards for compliance that will ensure each employee is treated in a just way and with equality in the workplace. Justice in the organization has been the central factor that influences the employees’ motivation, performance, and commitment to their work. The laws in the 21st century range from Employment-At-Will to those that address issues of sexual harassment. Each of the human resource department personnel needs to be aware of the problem so that they know the best strategy to use in case they encounter them in their line of duty.
History of Employment Law Issues in the Workplace
Child Labor Laws
The use of children, workers, and apprentices has been shared throughout the history of humankind. In the United States history, children have been working on family land as servants. The rise of child labor was typical during the agricultural revolution. They were a central workforce in agricultural production and the handicraft economy (Shiah-Hou and Cheng, 2012). The Industrial Revolution was another error that contributed to child labor. There was the creation and development of many industries that required a labor force. Children were readily available as they required less pay and lacked the needed skills. With technological advancement, the issue of child labor took a different direction. There was a need for employee workers that has the skills and knowledge to operate machines. Children lacked the needed expertise, and there was the creation of child labor laws. For instance, in the United States, the Fair Labour Standard Act was created (Shiah-Hou and Cheng, 2012). The law stipulates that for all non-agricultural occupations, children under 14 years should not be employed. Those between 14 and 16 years old can be employed under limited hours, and those between 16 and 17 can be employed for an unlimited number of hours.
Workers Compensation
The workers’ compensation was first enacted in 1897 in the United Kingdom. In 1908, the law was passed in the United States under the leadership of President Theodore Roosevelt. Compensation practices refer to the process by which a company provides equal and fair returns and remunerations to the various employees of the organization. Compensation is given to employees based on the services they have offered the organization toward achieving their goals and objectives (Ramli, 2019). The remuneration is given in monetary terms and as a token of appreciation. There are several compensation strategies that an organization can use. However, the plan selected by an organization depends on the objectives and targets of the company. A business entity may carry out compensation practices to attract talent, motivate the staff, act as an appreciation for valued behavior, and ensure equity (Joseph, 2013). Various compensation strategies define the intended policies of an organization and provide a well-equipped and motivated workforce that will work towards the achievement of the company’s objectives. Compensation increases the motives of employees to carry out their work with competence and extra hard. However, payment can also be non-financial (Intrinsic Rewards). They include praise, rewards, and incentives to workers and even the utility obtained from work done.
Laws, labor unions, and market factors impact the company’s compensation practices in various ways. Some laws affect a company’s compensation practices, such as laws on employment, laws on safety issues, and the law on discrimination. For an organization, it is complex as it has to stick to the laws and regulations of each country it’s doing business with. The rules impact a company through the regulations on business actions. Requirements in employment are essential in establishing a power balance between the boss and the workers (Joseph, 2013). Examples are the laws on child labor, minimum wage payment, and overtime payment.
Unsafe Working Conditions
The federal and state laws stipulate that all employees need to be provided with safe working conditions. The history of unsafe working conditions can be traced back to when people did not have protective gear in their workplaces. There was an increase in the number of injuries and diseases. The situation triggered the creation of safe work laws where the health of the employee is safeguarded. If there are unsafe working conditions, the employee can report the violation of safety to the Occupational Safety and Health Administration (OSHA). Hazardous working conditions include not having protective gear or working in a toxic environment.
HR Priority Role in Employment Issues
Human resources plays the role of ensuring there is equality in the compensation of the employees. HR is in charge of identifying the employees’ level of performance. They are equally able to determine the compensation strategy they will use to reward top-performing employees (Joseph, 2013). In the process, they need to adhere to the laws for equality in workers’ compensation. Another critical role that they play is giving the workers the leverage to join unions. Workers’ unions play an essential role in protecting employees by fighting for their rights. For instance, if there is an issue with wages and salaries, the Union can liaise with human resources to ensure that they are paid what they deserve (Ramli, 2019). The human resources department has to ensure that all the employees within the organization behave according to the company’s rules and regulations. Also, there has to be an ongoing training that will improve the employees’ skills.
Compensation is one of the tools that human resource management can use to motivate employees and attract new skills. Other than the motivation, it is an employment law that affects the working population in the 21st century. However, the payment differs from one country to another depending on the country’s level of operation and the rules and regulations. Compensation can be done based on the level of performance of the employees. The most common is commission compensation, where the employees are compensated based on sales. For global human resource management, balance sheet compensation is more effective. This is where the human resource department determines the differences between the entities in a home country and the host country and compensates the employees. Items considered include the tax rate, base salary, housing, and premium. Child labor and unsafe working conditions are the other issues that human resources need to consider keenly. Addressing the problem makes it easy to handle the employees and improve on performance level.
References
Ramli, A. H. (2019). Compensation, Job Satisfaction and Employee Performance in Health Services. Business and Entrepreneurial Review, 18(2), 177-186.
Shiah-Hou, S. R., & Cheng, C. W. (2012). Outside director experience, compensation, and performance. Managerial Finance, 38(10), 914-938.
Joseph, J. (2013). Strategic Compensation: A Human Resource Management Approach, Seventh Edition.
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Question
1. Introduction (1/2 to full page)
2. History of Employment Law Issues in the Workplace
Subtitles: Child Labor Laws, Workers Compensation, Unsafe Working Conditions
3-4 pages.
A section on HR Priority Role in Employment Issues (1 page)