Discussion 1:
Question:
Explain how you would conduct a job analysis in a company that has never had job descriptions. Utilize the O*Net as a resource for your information.
Job descriptions are used for a variety of reasons. They are a tool for recruiting, determining salary ranges and levels or grades, establishing job titles, creating employee’s job goals and objectives, and conducting performance reviews. They can also be used for career planning, creating reasonable accommodations and meeting legal requirements for compliance purposes. Because of this, it is very important to have written job descriptions that accurately reflect the employees’ current job duties and responsibilities (Schneider, C. A., Rasband, W. S., & Eliceiri, K. W. (2012)).
Employers should audit their job descriptions every few years, usually in conjunction with a compensation study and whenever the organization’s purpose, mission or structure changes. One way to audit or create job descriptions is to conduct a job analysis. Job analysis is the process of gathering, examining and interpreting data about the job’s tasks and responsibilities. It generally includes tracking an employee’s duties and the duration of each task, observing the employee performing his or her job, interviewing the employee, managers and others who interact with the employee, and comparing the job to other jobs in the same department and job grade or job family. An important concept in job analysis is that it is an evaluation of the job, not the person doing the job. The final product from a job analysis includes a thorough understanding of the essential functions of the job, a list of all duties and responsibilities, a percentage of time spent for each group of tasks, the job’s relative importance in comparison with other jobs, the knowledge, skills and abilities (KSAs) needed to perform the job, and the conditions under which the work is completed (Hansen, M. T., Nohria, N., & Tierney, T. (1999)).
Discussion 2:
Question:
Explain how you would conduct a job analysis in a company that has never had job descriptions. Utilize the O*Net as a resource for your information.
There are various definitions of job analysis and according to Management Study Guide, (2018) job analysis is a process of recognizing and defining details on a particular job their duties, responsibilities as well as skills. The job analysis process is important for organizations today considering the fact that it helps in discovering what a department requires and what is expected of workers in that given department. Also, a job analysis defines the particulars of a job, including the job location, title, or even the working conditions of an existing or future employee.
There are several steps to follow in order to conduct a job analysis, effectively and the first step is determining the reason for the job analysis, the individual to conduct the analysis, how the analysis will be conducted and having a strategic dec ...
2.1 The Importance of Employee Selection Think about the follo.docxeugeniadean34240
2.1 The Importance of Employee Selection
Think about the following scenario: XYZ Corporation is experiencing significant growth and needs to hire 20 new customer service representatives over the next two months. This can be an exciting situation for the organization. The company is growing, and additional employees will ensure continued growth and increased revenue. Hiring these new employees, however, may pose some challenges. First, where will the company find qualified candidates for the new positions, and how will it encourage them to apply for the jobs? The company anticipates more than 200 applicants for the 20 open positions. How will it screen the résumés and applications so as to identify the most qualified individuals? Additionally, who will conduct the interviews, and, more importantly, how will the interviewers discern which applicants have the skills and abilities to best serve the company's customers? Finally, how will the company ensure that each stage of the selection process is legally and ethically fair? Most organizations encounter concerns such as these whenever they are faced with the prospect of hiring new employees.
Consider This: Can You Afford Not to Hire the Best?
Photo of a newspaper with the headline "Now Hiring" seen through a magnifying glass.
The expense of placing advertisements for a job opening is just one of the many costs associated with hiring a new employee.
Hiring can be very expensive. Consider the costs of hiring a new employee: There is the cost of advertising the job opening, which may include print ads, online ads, posting to a bulletin board, renting a booth at a job fair, or even paying a recruitment agency. Then, there are the costs of processing the applications, screening the applicants, contacting prospective interviewees, and then testing and interviewing applicants. These costs include not only the time of your human resources employees and hiring managers but also the opportunity costs, or productivity sacrificed because their time is not being spent on other productive activities. Then, once an employee is selected, there are the costs of orientation and training to get that employee ready to perform. Because the new employee is now on the organization's payroll, the costs of this orientation and training phase include both the manager's and the employee's time and opportunity costs.
Although hiring costs are high, hiring the wrong person can be even more costly. A Harvard University Study estimated that 80% of turnover can be attributed to faulty hiring decisions (Mengel, 2001). Turnover rate is the percentage of all the employees in an organization who leave in a given year. Turnover can be more expensive than hiring. When employees choose to leave an organization, not only does the hiring process have to be repeated to fill the vacancy, but there are also the costs of separating the departing employee, including the time of human resources employees and hiring managers as well a.
HR, 3eAngelo S. DeNisi, Ricky W. GriffnThe amount of value.docxwellesleyterresa
HR, 3e
Angelo S. DeNisi, Ricky W. Griffn
The amount of value people create for an organization and what the organization gives them as compensation for that value are important determinants of organizational competitiveness. If employers pay too much for the value created by workers, then profits (and hence competitiveness) will suffer. But if they pay too little or demand too much from their workers for what they are paying, they will suffer in different ways: lower-quality workers, higher turnover, or employee fatigue and stress. Clearly, then, managing compensation and benefits are important activities for any organization. And just as clearly, Nucor managers have a keen understanding of the relationship between worker compensation and company performance.
Compensation and benefits refer to the various types of outcomes employees receive for their time at work. Compensation is the set of rewards that organizations provide to individuals in return for their willingness to perform various jobs and tasks within the organization. Benefits are the various rewards, incentives, and other items of value that an organization provides to its employees beyond wages, salaries, and other forms of financial compensation. The term total compensation is sometimes used to refer to the overall value of financial compensation plus the value of additional benefits that the organization provides.
Compensationis the set of rewards that organizations provide to individuals in return for their willingness to perform various jobs and tasks within the organization.
Benefitsgenerally refer to various rewards, incentives, and other things of value that an organization provides to its employees beyond their wages, salaries, and other forms of direct financial compensation.
In this chapter, we cover the basic concepts of compensation and benefits. We start by examining how compensation strategies are developed, and then we turn to the administration of compensation programs and how organizations evaluate their compensation programs. We look at benefits, discussing the basic reasons for benefit plans and describing different types of benefit plans typically found in organizations. Next we consider the often controversial topic of executive compensation, discussing the basic components of executive-compensation packages and why they are so controversial. We conclude with a discussion of legal issues associated with compensation and benefits and the ways in which organizations can evaluate their compensation and benefit programs.
9-1 DEVELOPING A COMPRATION STRATEGY
Compensation should never be a result of random decisions but instead the result of a careful and systematic strategic process.3 Embedded in the process is an understanding of the basic purposes of compensation, an assessment of strategic options for compensation, knowledge of the determinants of compensation strategy, and the use of pay surveys.
9-1a Basic Purposes of Compensation
Compensation has several f ...
Keith SrakocicAssociated PressIssues in EmploymentUni.docxDIPESH30
Keith Srakocic/Associated Press
Issues in Employment
Unit VI
Chapter 21 Establishing the Employment Relationship
In this chapter you will:
• Identify the unique characteristics and liabilities of different categories of workers.
• Understand how respondeat superior and negligent hiring affect an employer’s
liability.
• Identify major legislation that governs employment–management relations.
sea80373_21_c21_287-306.indd 1 10/4/12 3:27 PM
Chapter 22 Introduction to Antidiscrimination Law
In this chapter you will:
• Understand the Commerce Clause and the Affectation Doctrine and the role of each
in enforcing antidiscrimination law.
• Understand the major components to a discrimination lawsuit, what each party
needs to prove, and their respective burdens of proof.
Chapter 23 Discrimination on the Basis of Race
In this chapter you will:
• Understand the application of Title VII to race discrimination and how it impacts
business.
• Identify steps that a manager can take to avoid race discrimination lawsuits.
Chapter 24 Discrimination on the Basis of Sex
In this chapter you will:
• Understand the application of Title VII to sex discrimination and how it impacts
business.
• Identify other key legislation related to discrimination based on sex.
Chapter 25 Sexual Harassment
In this chapter you will:
• Distinguish between different forms of sexual harassment.
• Understand what an employer’s liability is in sexual harassment cases.
Chapter 26 Other Types of Discrimination
In this chapter you will:
• Understand the application of Title VII to religious discrimination and how it
impacts business.
• Understand the application of Title VII to discrimination based on national origin
and how it impacts business.
• Understand the provisions of federal legislation that cover discrimination based on
disability and age.
• Identify examples of discrimination against nonprotected classes.
sea80373_21_c21_287-306.indd 2 10/4/12 3:27 PM
Establishing the
Employment Relationship 21
In thinking about setting up a business, you may have considered that all workers are classified as employees, but this is not true. There are, in fact, numerous forms that an employer–employee relationship can take or transform into. This chapter begins with those types of relationships and
examines the liability that can result from each. It will then look at some of the major labor law leg-
islation from the 20th century.
21.1 Employer–Employee Relationship
When an employer hires someone to work, the likelihood is that person will be categorized as an employee. Many students are unaware that the worker could actually be categorized in numerous ways: as an employee, an agent, or a servant. Some workers are not employ-
ees at all, but rather independent contractors (see Table 21.1). Each one of these types of workers
has unique characteristics and liabilities.
What makes someone an employee? It is well settled in law that employees ha ...
Employee relations involves maintaining relationships that contribute to productivity, motivation and morale. A key part of employee relations is preventing and resolving workplace problems involving individuals. To develop an effective employee relations strategy, an organization should integrate job performance and training. Performance management challenges include ensuring feedback flows both to managers on organizational results and to employees on individual performance. Leadership training can help address challenges in providing objective and constructive performance feedback.
The author details their experience working for a DirecTV installation company, starting as an installer in hot attics and damp crawlspaces before being promoted to inspector with a higher weekly pay of over $1500; however, issues with paychecks, including an error and advice to ask for advances from payroll, would soon lead to problems.
The document discusses several tests used by courts to determine employment status and distinguish between contracts of employment (employee status) and contracts for services (self-employed status). It examines the control test, integration test, economic reality test, and mutuality of obligation test. It critically assesses whether one single test is sufficient or if a multiple test approach is better. It also explores the consequences of being classified as an employee versus self-employed.
111021, 137 PM Commentary - HRMN 395 7381 The Total RewardsBenitoSumpter862
11/10/21, 1:37 PM Commentary - HRMN 395 7381 The Total Rewards Approach to Compensation Management (2218)
https://learn.umgc.edu/d2l/le/content/615465/viewContent/22667815/View 1/19
Module 2: Core Elements of Monetary Rewards
Topics
Topic 1: What are Monetary Rewards?
Topic 2: Key Elements of Analysis and Documentation
Topic 3: Assessing and Rewarding Performance
Topic 4: Regulatory Aspects of Monetary Rewards
Topic 5: Philosophy of Market Positioning and Link to Total Rewards
Topic 6: Conclusions
Topic 1: What are Monetary Rewards?
The total rewards approach to compensation management is strategically planning a
targeted reward package to successfully attract, retain, and motivate segmented
populations of employees who possess the requisite knowledge, skills, and abilities (KSAs)
needed to achieve the organization's objectives. Table 1.2 in module 1 illustrates the
interdependent relationship of the components of the total rewards approach to
compensation. The table shares the three major components of total rewards, including
the monetary, non-monetary, and other elements of the work experience, which combine
strategically for the total rewards philosophy for the organization. Column 1 in Table 2.1
below shares many of the monetary rewards organizations offer today and will be
described in this module.
https://leocontent.umgc.edu/content/umuc/tus/hrmn/hrmn395/2218/modules/m2-module-2/s3-commentary.html?ou=615465#I
https://leocontent.umgc.edu/content/umuc/tus/hrmn/hrmn395/2218/modules/m2-module-2/s3-commentary.html?ou=615465#II
https://leocontent.umgc.edu/content/umuc/tus/hrmn/hrmn395/2218/modules/m2-module-2/s3-commentary.html?ou=615465#III
https://leocontent.umgc.edu/content/umuc/tus/hrmn/hrmn395/2218/modules/m2-module-2/s3-commentary.html?ou=615465#IV
https://leocontent.umgc.edu/content/umuc/tus/hrmn/hrmn395/2218/modules/m2-module-2/s3-commentary.html?ou=615465#V
https://leocontent.umgc.edu/content/umuc/tus/hrmn/hrmn395/2218/modules/m2-module-2/s3-commentary.html?ou=615465#VI
11/10/21, 1:37 PM Commentary - HRMN 395 7381 The Total Rewards Approach to Compensation Management (2218)
https://learn.umgc.edu/d2l/le/content/615465/viewContent/22667815/View 2/19
Table 2.1 Three Elements of the Total Rewards Model
Monetary Rewards
Non-monetary
Rewards
Work Experience
Base Pay
Income Protection
Benefits
Values of the Organization
Variable Pay Medical Insurance
Community (Individual
and Organizational)
Merit and Cost of
Living Increases
Vision and Dental Recognition
Retirement Savings Disability Training and Development
Performance
Feedback
Life Insurance Promotions
Deferred
Compensation
Paid Time Off Sense of Accomplishment
Day Care
Employee
Assistance
Program
Health Related
Programs
Tuition Assistance
Monetary Rewards
Monetary rewards are, unmistakably, a vital element of total rewards. Christofferson &
King (2006, p. 27) describe mometary rewards as "the pay provided by an employer to an
employee for services rendered ...
2.1 The Importance of Employee Selection Think about the follo.docxeugeniadean34240
2.1 The Importance of Employee Selection
Think about the following scenario: XYZ Corporation is experiencing significant growth and needs to hire 20 new customer service representatives over the next two months. This can be an exciting situation for the organization. The company is growing, and additional employees will ensure continued growth and increased revenue. Hiring these new employees, however, may pose some challenges. First, where will the company find qualified candidates for the new positions, and how will it encourage them to apply for the jobs? The company anticipates more than 200 applicants for the 20 open positions. How will it screen the résumés and applications so as to identify the most qualified individuals? Additionally, who will conduct the interviews, and, more importantly, how will the interviewers discern which applicants have the skills and abilities to best serve the company's customers? Finally, how will the company ensure that each stage of the selection process is legally and ethically fair? Most organizations encounter concerns such as these whenever they are faced with the prospect of hiring new employees.
Consider This: Can You Afford Not to Hire the Best?
Photo of a newspaper with the headline "Now Hiring" seen through a magnifying glass.
The expense of placing advertisements for a job opening is just one of the many costs associated with hiring a new employee.
Hiring can be very expensive. Consider the costs of hiring a new employee: There is the cost of advertising the job opening, which may include print ads, online ads, posting to a bulletin board, renting a booth at a job fair, or even paying a recruitment agency. Then, there are the costs of processing the applications, screening the applicants, contacting prospective interviewees, and then testing and interviewing applicants. These costs include not only the time of your human resources employees and hiring managers but also the opportunity costs, or productivity sacrificed because their time is not being spent on other productive activities. Then, once an employee is selected, there are the costs of orientation and training to get that employee ready to perform. Because the new employee is now on the organization's payroll, the costs of this orientation and training phase include both the manager's and the employee's time and opportunity costs.
Although hiring costs are high, hiring the wrong person can be even more costly. A Harvard University Study estimated that 80% of turnover can be attributed to faulty hiring decisions (Mengel, 2001). Turnover rate is the percentage of all the employees in an organization who leave in a given year. Turnover can be more expensive than hiring. When employees choose to leave an organization, not only does the hiring process have to be repeated to fill the vacancy, but there are also the costs of separating the departing employee, including the time of human resources employees and hiring managers as well a.
HR, 3eAngelo S. DeNisi, Ricky W. GriffnThe amount of value.docxwellesleyterresa
HR, 3e
Angelo S. DeNisi, Ricky W. Griffn
The amount of value people create for an organization and what the organization gives them as compensation for that value are important determinants of organizational competitiveness. If employers pay too much for the value created by workers, then profits (and hence competitiveness) will suffer. But if they pay too little or demand too much from their workers for what they are paying, they will suffer in different ways: lower-quality workers, higher turnover, or employee fatigue and stress. Clearly, then, managing compensation and benefits are important activities for any organization. And just as clearly, Nucor managers have a keen understanding of the relationship between worker compensation and company performance.
Compensation and benefits refer to the various types of outcomes employees receive for their time at work. Compensation is the set of rewards that organizations provide to individuals in return for their willingness to perform various jobs and tasks within the organization. Benefits are the various rewards, incentives, and other items of value that an organization provides to its employees beyond wages, salaries, and other forms of financial compensation. The term total compensation is sometimes used to refer to the overall value of financial compensation plus the value of additional benefits that the organization provides.
Compensationis the set of rewards that organizations provide to individuals in return for their willingness to perform various jobs and tasks within the organization.
Benefitsgenerally refer to various rewards, incentives, and other things of value that an organization provides to its employees beyond their wages, salaries, and other forms of direct financial compensation.
In this chapter, we cover the basic concepts of compensation and benefits. We start by examining how compensation strategies are developed, and then we turn to the administration of compensation programs and how organizations evaluate their compensation programs. We look at benefits, discussing the basic reasons for benefit plans and describing different types of benefit plans typically found in organizations. Next we consider the often controversial topic of executive compensation, discussing the basic components of executive-compensation packages and why they are so controversial. We conclude with a discussion of legal issues associated with compensation and benefits and the ways in which organizations can evaluate their compensation and benefit programs.
9-1 DEVELOPING A COMPRATION STRATEGY
Compensation should never be a result of random decisions but instead the result of a careful and systematic strategic process.3 Embedded in the process is an understanding of the basic purposes of compensation, an assessment of strategic options for compensation, knowledge of the determinants of compensation strategy, and the use of pay surveys.
9-1a Basic Purposes of Compensation
Compensation has several f ...
Keith SrakocicAssociated PressIssues in EmploymentUni.docxDIPESH30
Keith Srakocic/Associated Press
Issues in Employment
Unit VI
Chapter 21 Establishing the Employment Relationship
In this chapter you will:
• Identify the unique characteristics and liabilities of different categories of workers.
• Understand how respondeat superior and negligent hiring affect an employer’s
liability.
• Identify major legislation that governs employment–management relations.
sea80373_21_c21_287-306.indd 1 10/4/12 3:27 PM
Chapter 22 Introduction to Antidiscrimination Law
In this chapter you will:
• Understand the Commerce Clause and the Affectation Doctrine and the role of each
in enforcing antidiscrimination law.
• Understand the major components to a discrimination lawsuit, what each party
needs to prove, and their respective burdens of proof.
Chapter 23 Discrimination on the Basis of Race
In this chapter you will:
• Understand the application of Title VII to race discrimination and how it impacts
business.
• Identify steps that a manager can take to avoid race discrimination lawsuits.
Chapter 24 Discrimination on the Basis of Sex
In this chapter you will:
• Understand the application of Title VII to sex discrimination and how it impacts
business.
• Identify other key legislation related to discrimination based on sex.
Chapter 25 Sexual Harassment
In this chapter you will:
• Distinguish between different forms of sexual harassment.
• Understand what an employer’s liability is in sexual harassment cases.
Chapter 26 Other Types of Discrimination
In this chapter you will:
• Understand the application of Title VII to religious discrimination and how it
impacts business.
• Understand the application of Title VII to discrimination based on national origin
and how it impacts business.
• Understand the provisions of federal legislation that cover discrimination based on
disability and age.
• Identify examples of discrimination against nonprotected classes.
sea80373_21_c21_287-306.indd 2 10/4/12 3:27 PM
Establishing the
Employment Relationship 21
In thinking about setting up a business, you may have considered that all workers are classified as employees, but this is not true. There are, in fact, numerous forms that an employer–employee relationship can take or transform into. This chapter begins with those types of relationships and
examines the liability that can result from each. It will then look at some of the major labor law leg-
islation from the 20th century.
21.1 Employer–Employee Relationship
When an employer hires someone to work, the likelihood is that person will be categorized as an employee. Many students are unaware that the worker could actually be categorized in numerous ways: as an employee, an agent, or a servant. Some workers are not employ-
ees at all, but rather independent contractors (see Table 21.1). Each one of these types of workers
has unique characteristics and liabilities.
What makes someone an employee? It is well settled in law that employees ha ...
Employee relations involves maintaining relationships that contribute to productivity, motivation and morale. A key part of employee relations is preventing and resolving workplace problems involving individuals. To develop an effective employee relations strategy, an organization should integrate job performance and training. Performance management challenges include ensuring feedback flows both to managers on organizational results and to employees on individual performance. Leadership training can help address challenges in providing objective and constructive performance feedback.
The author details their experience working for a DirecTV installation company, starting as an installer in hot attics and damp crawlspaces before being promoted to inspector with a higher weekly pay of over $1500; however, issues with paychecks, including an error and advice to ask for advances from payroll, would soon lead to problems.
The document discusses several tests used by courts to determine employment status and distinguish between contracts of employment (employee status) and contracts for services (self-employed status). It examines the control test, integration test, economic reality test, and mutuality of obligation test. It critically assesses whether one single test is sufficient or if a multiple test approach is better. It also explores the consequences of being classified as an employee versus self-employed.
111021, 137 PM Commentary - HRMN 395 7381 The Total RewardsBenitoSumpter862
11/10/21, 1:37 PM Commentary - HRMN 395 7381 The Total Rewards Approach to Compensation Management (2218)
https://learn.umgc.edu/d2l/le/content/615465/viewContent/22667815/View 1/19
Module 2: Core Elements of Monetary Rewards
Topics
Topic 1: What are Monetary Rewards?
Topic 2: Key Elements of Analysis and Documentation
Topic 3: Assessing and Rewarding Performance
Topic 4: Regulatory Aspects of Monetary Rewards
Topic 5: Philosophy of Market Positioning and Link to Total Rewards
Topic 6: Conclusions
Topic 1: What are Monetary Rewards?
The total rewards approach to compensation management is strategically planning a
targeted reward package to successfully attract, retain, and motivate segmented
populations of employees who possess the requisite knowledge, skills, and abilities (KSAs)
needed to achieve the organization's objectives. Table 1.2 in module 1 illustrates the
interdependent relationship of the components of the total rewards approach to
compensation. The table shares the three major components of total rewards, including
the monetary, non-monetary, and other elements of the work experience, which combine
strategically for the total rewards philosophy for the organization. Column 1 in Table 2.1
below shares many of the monetary rewards organizations offer today and will be
described in this module.
https://leocontent.umgc.edu/content/umuc/tus/hrmn/hrmn395/2218/modules/m2-module-2/s3-commentary.html?ou=615465#I
https://leocontent.umgc.edu/content/umuc/tus/hrmn/hrmn395/2218/modules/m2-module-2/s3-commentary.html?ou=615465#II
https://leocontent.umgc.edu/content/umuc/tus/hrmn/hrmn395/2218/modules/m2-module-2/s3-commentary.html?ou=615465#III
https://leocontent.umgc.edu/content/umuc/tus/hrmn/hrmn395/2218/modules/m2-module-2/s3-commentary.html?ou=615465#IV
https://leocontent.umgc.edu/content/umuc/tus/hrmn/hrmn395/2218/modules/m2-module-2/s3-commentary.html?ou=615465#V
https://leocontent.umgc.edu/content/umuc/tus/hrmn/hrmn395/2218/modules/m2-module-2/s3-commentary.html?ou=615465#VI
11/10/21, 1:37 PM Commentary - HRMN 395 7381 The Total Rewards Approach to Compensation Management (2218)
https://learn.umgc.edu/d2l/le/content/615465/viewContent/22667815/View 2/19
Table 2.1 Three Elements of the Total Rewards Model
Monetary Rewards
Non-monetary
Rewards
Work Experience
Base Pay
Income Protection
Benefits
Values of the Organization
Variable Pay Medical Insurance
Community (Individual
and Organizational)
Merit and Cost of
Living Increases
Vision and Dental Recognition
Retirement Savings Disability Training and Development
Performance
Feedback
Life Insurance Promotions
Deferred
Compensation
Paid Time Off Sense of Accomplishment
Day Care
Employee
Assistance
Program
Health Related
Programs
Tuition Assistance
Monetary Rewards
Monetary rewards are, unmistakably, a vital element of total rewards. Christofferson &
King (2006, p. 27) describe mometary rewards as "the pay provided by an employer to an
employee for services rendered ...
111021, 137 PM Commentary - HRMN 395 7381 The Total RewardsSantosConleyha
11/10/21, 1:37 PM Commentary - HRMN 395 7381 The Total Rewards Approach to Compensation Management (2218)
https://learn.umgc.edu/d2l/le/content/615465/viewContent/22667815/View 1/19
Module 2: Core Elements of Monetary Rewards
Topics
Topic 1: What are Monetary Rewards?
Topic 2: Key Elements of Analysis and Documentation
Topic 3: Assessing and Rewarding Performance
Topic 4: Regulatory Aspects of Monetary Rewards
Topic 5: Philosophy of Market Positioning and Link to Total Rewards
Topic 6: Conclusions
Topic 1: What are Monetary Rewards?
The total rewards approach to compensation management is strategically planning a
targeted reward package to successfully attract, retain, and motivate segmented
populations of employees who possess the requisite knowledge, skills, and abilities (KSAs)
needed to achieve the organization's objectives. Table 1.2 in module 1 illustrates the
interdependent relationship of the components of the total rewards approach to
compensation. The table shares the three major components of total rewards, including
the monetary, non-monetary, and other elements of the work experience, which combine
strategically for the total rewards philosophy for the organization. Column 1 in Table 2.1
below shares many of the monetary rewards organizations offer today and will be
described in this module.
https://leocontent.umgc.edu/content/umuc/tus/hrmn/hrmn395/2218/modules/m2-module-2/s3-commentary.html?ou=615465#I
https://leocontent.umgc.edu/content/umuc/tus/hrmn/hrmn395/2218/modules/m2-module-2/s3-commentary.html?ou=615465#II
https://leocontent.umgc.edu/content/umuc/tus/hrmn/hrmn395/2218/modules/m2-module-2/s3-commentary.html?ou=615465#III
https://leocontent.umgc.edu/content/umuc/tus/hrmn/hrmn395/2218/modules/m2-module-2/s3-commentary.html?ou=615465#IV
https://leocontent.umgc.edu/content/umuc/tus/hrmn/hrmn395/2218/modules/m2-module-2/s3-commentary.html?ou=615465#V
https://leocontent.umgc.edu/content/umuc/tus/hrmn/hrmn395/2218/modules/m2-module-2/s3-commentary.html?ou=615465#VI
11/10/21, 1:37 PM Commentary - HRMN 395 7381 The Total Rewards Approach to Compensation Management (2218)
https://learn.umgc.edu/d2l/le/content/615465/viewContent/22667815/View 2/19
Table 2.1 Three Elements of the Total Rewards Model
Monetary Rewards
Non-monetary
Rewards
Work Experience
Base Pay
Income Protection
Benefits
Values of the Organization
Variable Pay Medical Insurance
Community (Individual
and Organizational)
Merit and Cost of
Living Increases
Vision and Dental Recognition
Retirement Savings Disability Training and Development
Performance
Feedback
Life Insurance Promotions
Deferred
Compensation
Paid Time Off Sense of Accomplishment
Day Care
Employee
Assistance
Program
Health Related
Programs
Tuition Assistance
Monetary Rewards
Monetary rewards are, unmistakably, a vital element of total rewards. Christofferson &
King (2006, p. 27) describe mometary rewards as "the pay provided by an employer to an
employee for services rendered ...
This document discusses job descriptions, job specifications, and the difference between the two. It provides details on:
- What a job description is and the typical sections it contains like job identification, duties and responsibilities, supervision, and working conditions.
- What a job specification is and the minimum qualifications it lists like physical, mental, psychological, and personal characteristics required to perform the job successfully.
- The key difference is that a job description outlines what the job duties are, while a job specification lists the minimum acceptable qualifications a person needs to have to do the job. Both are important tools that come from job analysis for selecting the right candidate for a role.
INTRODUCTION, IMPORTANT & JOB ANALYSIS PROCESS Ronit Kharade
Job analysis is the process of gathering relevant information about a job including the tasks, duties, responsibilities, skills and qualifications required. It involves determining the purpose of the analysis, collecting background information on the job, choosing representative jobs to analyze, gathering data through methods like questionnaires and observation, reviewing the information, and developing a job description and specification. The results of job analysis are used for human resource planning, recruitment, training, performance evaluation and other HR activities. Key aspects of a job that are analyzed include tasks, duties, the position in the organization structure, and required qualifications.
Unit V Lesson Notes It is understood that a labor union is an.docxmarilucorr
Unit V: Lesson Notes
It is understood that a labor union is an organization that acts as a filter between its members and the organization in which the members are employed. It has also been identified that the main purpose of labor unions is to give employees the opportunity and power to negotiate for better working conditions, decent wages, and other benefits through collective bargaining. Now that the foundation of collective bargaining has been laid, it is now time to look a little further into some of the issues that employees bargain for.
Whether working in a union or non-union environment, what would be one of your major concerns with employment? When addressing this question, many of you would probably state “compensation/wages” would be the main topic of interest. Sure, there are other perks that you would look for; however, most would not consider employment or would consider leaving current employer for better wages.
According to the textbook, “wages and benefits represent the heart of the collective bargaining process. Guarantee of a certain standard of living and a reasonable return for their productive efforts is the major concern for most union members” (Carrell & Heavrin, 2013, p. 278). This second part of this statement can be said to be true for non-union workers as well. Although there are similarities among non-union and union environments, there are differences in how wages and benefits are determined and implemented.
Non-Union Environment: Most non-union employees do not have the opportunity to negotiate their wages. Most of these organizations have a set pay rate or pay range for all positions. Many organizations conduct job analysis and job evaluations to determine appropriate pay rates. When offered a job, some may try to negotiate on the front end with the hiring manager and/or human resources a certain pay rate. Sometimes, the employee does succeed and the organization may meet the applicant half-way or offer a little more to display true interest in the applicant. However, there are some organizations that will not budge and the applicant would be forced to accept or decline the offer. Even if the applicant does accept the offer, there may be limits on how often raises are given or if they are given at all. Based on experience, sometimes the applicant will accept the job and continue to look at organizations that offer better wages and benefits. Unlike union environments, wages can also differ tremendously among individuals who have the same job title and perform the same duties. This can have a major impact on the organization.
Union Environment: Wages within union environments are negotiated. Pay rates/ranges, along with pay raises, are determined and outlined within the collective bargaining agreement. The pay rates/ranges are set for each job covered under the agreement. Many organizations will conduct job evaluations, wage surveys, and other methods when making wage decisions. Management must look ...
1. Review Chapter 1 and Chapter 2 in your textbook. Next, consider.docxjeremylockett77
1. Review Chapter 1 and Chapter 2 in your textbook. Next, consider the following questions:
· What are the three phases of the labor relations process, and what are the basic assumptions in this process in the United States?
· Why might a worker want to be represented by a labor union, or not want to be represented by a labor union?
· How can we apply lessons from the history of labor unions to evaluate the strength of labor unions in the modern workplace?
Write an essay that addresses these topics in detail. You should not be writing a question and an answer; rather, write an essay that describes your understanding of these subjects, with the questions above as prompts to help steer your thoughts. The result should be a post that stands on its own as an academic paper, not a Q&A from a classroom assignment. (This will be helpful to you as you work on your Final Paper later in the course, so doing good work now will save you time later on.)
Use in-text citations to show where you are applying or discussing content from your textbook. In addition, be sure to cite where you are applying or discussing content from external research that you decide to use, if any. (External sources are not required, but are likely to help your grade.) End your post with a References list that gives the full details about the sources. In-text citations and References should be formatted according to APA standards.
Share your initial post in this Discussion board by Thursday evening. Give substantive responses to at least two classmates' initial posts by Sunday evening. "Substantive" responses are not "Great post!" or "I like that you..." or "I agree..." type of reactions, but rather, thorough responses that include new connections to research, detailed examples from your own workplace experience, etc. Your classmates should always be learning something new from your responses.
__________
Discussions will use the following Grading Rubric:
· 25% Initial Post Comprehension: Develops an initial post with clear point of view, using rich and significant detail to demonstrate mastery of the learning topic.
· 15% Initial Post Application: Utilizes course materials and/or independent research to support your points.
· 10% Initial Post Timeliness: Submits initial post by midnight on Thursday evening during the assigned week.
· 25% Follow-Up Substantive Comments: Provides substantive responses to at least two classmates' threads, adding new insights, research, and/or examples to further classmates' learning.
· 15% Writing: Writes posts and responses that are easily understood, clear and well organized, and with appropriate grammar and spelling.
· 10% Citations and References: Uses proper APA-style citation methods when referring to other sources, including assigned content.
Labor relations is imperative in business as it refers to the system in which employers, workers and their representatives and, directly or indirectly, the government interact to set the ground rules fo ...
This document summarizes the key models of agency theory as it relates to work incentives and employment contracts. It begins with an overview of moral hazard models developed in the 1970s that examine the relationship between principal and agent. The document then presents a general principal-agent model of the employment relationship where the employer is the principal and employee is the agent. It analyzes the first-best and second-best solutions under conditions of both observable and unobservable effort. Specifically, it examines optimal compensation schemes and risk sharing under different assumptions about the risk preferences of the principal and agent. Extensions to the basic model are also discussed, including how they provide more insights into real employment practices.
Jack Welch believed that if you pick the right people and give them opportunities to grow, while also tying compensation and rewards to performance, you don't need to closely manage employees. The document discusses compensation management and how paying employees the right compensation is motivating and leads to better performance. It also covers factors that determine compensation from both the employer and employee perspective.
Job Analysis and Design Introduction This section focu.docxpriestmanmable
Job Analysis and Design
Introduction
This section focuses on three issues in the field of personnel psychology: job analysis,
job description, and job design. Job analysis and job description are foundation issues
in the field that are often looked at closely from a legal perspective. Job design focuses
on the motivation, efficiency, and effectiveness of the worker.
Job Analysis
A job analysis is the foundation for a variety of human resource functions. For
example, recruitment, selection, placement, training and development, compensation,
and promotion all rely upon the information gained through a job analysis. A job
analysis is, essentially, a snapshot of the job and includes specific information such as
the tasks performed by the worker, why the worker performs those tasks, the tools or
techniques the worker uses to perform the tasks, and the conditions under which the
tasks may be performed. For example, one task statement for a police officer might be,
"Under various weather conditions, patrols are assigned an area on foot for the purpose
of checking on the security of business establishments." A task statement for a
telephone installation technician might read, "Using a staple gun, a screwdriver, and a
handheld drill, install inside wiring and telephone instrument connection point." A job
analysis may also list the knowledge, skills, abilities, and personality characteristics (or
the KSAPCs) required to successfully perform the job. For instance, the requirements
for the police officer task statement might be knowledge of criminal law, knowledge of
patrol procedures, and ability to observe details. It is important to note that instead of
KSAPCs, job analysts may use the acronym KSAO for knowledge, skills, abilities, and
other characteristics.
There is no one way to perform a job analysis. Choice of a job analysis technique
depends upon the purpose of the analysis as well as the training of the analyst. Job
analysis data may be collected by observing workers performing the job, having the
analyst perform the job, reviewing training materials, interviewing persons who
perform the job, interviewing those who supervise the workers, or having workers
complete a survey which asks them about the job. The job analyst may design the
survey or use a published job analysis survey. Often, more than one data collection
method is used. This multimethod approach increases the probability of achieving an
in-depth understanding of the job.
Assessing Job Descriptions
A job description is one of the results of a job analysis. It is a brief statement that
summarizes the information contained in the job analysis. A job description is the
document that job candidates typically see during the recruitment or selection process.
By reviewing a job description, a candidate for the position should have a fairly good
understanding of the duties, responsibilities, and requirements of the jo ...
The document discusses various methods used to evaluate jobs and determine compensation. It describes job evaluation methods like ranking and point systems that evaluate jobs based on compensable factors like skills, effort, and responsibility to determine each job's relative worth. Employers then group similar jobs into pay grades with ranges of points or ranks. Salary surveys of other employers provide market data to establish pay rates for each grade or job based on wage curves. Laws also influence compensation and require aspects like minimum wage, overtime pay, and prohibiting discrimination.
This document discusses employee compensation and its components. It covers direct financial payments like wages and salaries which can be time-based or performance-based. It also discusses indirect financial payments like benefits. Several factors determine compensation plan design including strategy, equity, legal and union considerations. Compensation must be aligned with business strategy and attract behaviors needed to achieve strategic goals. Equity in compensation must also be maintained both internally and externally. Laws also regulate minimum wages, overtime, benefits and prohibit discrimination.
This document provides an overview of human resource management and job satisfaction. It discusses key topics such as the definition of human resource management, the importance of job satisfaction, theories of job satisfaction including content, process and situational theories, factors associated with job satisfaction like work esteem and supervision, approaches to measure job satisfaction, and models of job satisfaction. It also describes the purpose and advantages of job descriptions for recruitment, selection, and performance evaluation. General and specific job descriptions are compared in terms of the level of detail they provide and their advantages and disadvantages.
This document discusses negligence and duty of care in a workplace. It notes that duty of care extends not just to clients but also visitors, parents, and other staff. Breach of duty of care that results in injury, whether physical, psychological, emotional, or financial, to another person could be considered negligence. To avoid negligence, employees should familiarize themselves with workplace policies and procedures through discussions with supervisors and by reading relevant documents. The document also discusses how employers may be held responsible for negligent acts of employees if insufficient training or guidance was provided.
The document discusses the evolution of job analysis and design from scientific management in the early 20th century to more modern approaches. It covers Taylor's principles of scientific management that aimed to maximize efficiency by separating planning and execution. The Hawthorne studies found social and psychological factors motivated workers more than physical conditions. Modern approaches focus on roles, competencies, and documenting core processes rather than rigid jobs. Future job descriptions may describe individuals' portfolios and changing contributions rather than fixed positions.
Running head: CONTRACTS PAPER 1
CONTRACTS PAPER 4
Contracts Paper
Ira Hoekwater
Grand Canyon University BUS340
May 22, 2020
[Good work on the formatting of this cover sheet! I would, however, consider a different title for the paper since the paper is really about distinguishing between independent contractors and employees.]
[Include the title of the paper here as well.]
[Ira, prior to getting into a discussion below, there should be a clear introduction here that provides an overview of the paper’s topic. This introduction should also include a purpose statement, as required by APA format. A sample purpose statement for this paper could be, “This paper will discuss the importance of distinguishing between an independent contractor and an employee, examine the factors courts consider when determining between these two statuses, and apply these factors to a hypothetical scenario.” Note how this purpose statement lets the reader know what three questions are going to be addressed in this paper.]
Importance of Distinguishing Between Independent Contractors and Employees
1.
A worker is the person who is relegated on a consistent compensation or pay, and their expenses are overseen by the business they work for. Representatives are given a little opportunity over their money related and work life. The business sets their work routine and in ordinary conditions, they are required to work from the workplace premises. Their work is likewise basic as far as the authoritative viewpoint. The employees are in full control of their employer and conform to the standards and the requirements of the employers (Blum, 2007).
On the opposite side, a self-employed entity is autonomous of the authoritative regular principles and guidelines. The installment they get exclusively relies upon the activity or venture they are allotted for and as a rule is on an hourly premise. They have their timetable and are not attached to the fixed office timings. Contacts come about by independence of working where one enters and agreement to perform to administered tasks. After the end of the task, the contract comes to another thus far different from the employees who are totally under the control of someone.
[This section really belongs in your next section. This section needs to explain why it is important to distinguish between employees and independent contractors. The most important reasons include liability, employment law, and taxes. For example, with liability, companies are liable for the torts of their employees acting within the scope of their employment, but not their independent contractors, unless they were negligent in hiring or supervising them. These issues are discussed in Chapter 17 of the textbook. You will find the answers for this sectio.
This document provides a literature review and proposes a performance appraisal model for
implementing in a Student Affairs division of a large institution of higher education. It discusses the
rationale for performance appraisals being important for business and human resource policy. The
model aims to collect employee performance information systematically and provide feedback to
integrate into the organization's performance management process. The review covers objectives of
performance appraisals like focusing on performance not personalities, reaching agreements on areas
for improvement, and identifying training needs. It also discusses pitfalls to avoid in conducting
appraisals and legal implications around ensuring appraisal systems are valid and fairly administered.
This document provides an overview of conducting a compensation self-audit. It discusses reasons for conducting a self-audit, including as part of a risk management plan. It outlines developing an analysis framework by understanding how employees are compensated and why compensation may differ. This involves constructing employee comparison groups and identifying factors that explain pay differences. It also addresses data requirements and limitations. The document recommends using multiple regression analysis to estimate the effects of different factors on compensation.
2 repliesAssertions for each thread must be supported with at leas.docxLyndonPelletier761
2 replies
Assertions for each thread must be supported with at least 2 citations in current APA format. You must also post 2 replies of at least 250 words each. Each reply must also cite at least 2 different sources for each reply.
1)
According to
Martocchio (2015) paid time off consists of specific times that the company allocates for employees based on certain conditions (p. 209). The types of these events differ by occurrence but they all share in common a necessity to have time off. Namely, they encompass particular moments and reasons that employees can take time off for. Specifically, the author lists times such as holiday, vacation, sick leave, personal leave, jury duty, funeral leave, military leave, travel time, rest period, lunch period, integrated paid time off, volunteerism and sabbatical leave (p. 209). Although most companies offer some type of paid time off policy, the types of policies that companies approve varies. In particular, some companies have paid time off banks. This refers to time off policies being combined into one without forcing the employee to justify the reason for taking time off (p. 209). In doing so, the author argues, companies enable employees to feel more freedom and at ease with taking time off.
In general, time off has been seen as a time for employees to unwind and motivation. Altmann & Suess (2015) argue that
“by offering temporary time off programs, companies aim at increasing their employer attractiveness. However, little is known about whether temporary time off programs increase the attractiveness of employers” (p. 282). In other words, companies view paid time off as a means to bring more workers into their offices. Presumably, companies believe their current programs do not do enough. As a result, if they increase their offerings, employees will feel more appreciated. The authors make sure to stress that paid time off has not been studied in its ability to attract employees to the company. However, the belief that this thought is accurate seems pervasive.
On one hand, paid time off does seem to motivate employees. One employee states that “to me, having a generous vacation package provides me the time I need to believe I really live” (
Emond,2016,
p.75). The sentiment that paid time off allows for more time of the employee to dedicate to themselves and goals is an important note. For instance, the employee also states that it allowed her to put her time towards earning a master’s degree and also to vacation (p.75). The idea that paid time off applies to a whole myriad of employee goals. In some ways, the idea of paid time off can be considered a form of compensation for the time that the employee has put into the company.
All in all, there are two types of paid time off. Specifically, the paid time off which has been separated into specific times employees can take time off for and an all-encompassing bucket of time that does not require justification. Employers seem to.
Week One Discussion 500 Word Min.This weeks discussion covers .docxhelzerpatrina
Week One Discussion: 500 Word Min.
This week's discussion covers HRD Skill requirements for managers.
Before entering the discussion board, please review pages 16 - 19 in the course text. (Pictures Below)
Question:“What are the core competencies or skills an HRD manager must have, and how are they acquired? “
Week One
Discussion
:
500 Word Min.
This week's discussion covers HRD Skill requirements for managers.
Before entering the discussion board, please review pages 16
-
19 in the course text
.
(Pictures Below)
Question:
“What
are the core competencies or skills an HRD manager must have, and how are they acquired
?
“
Week One Discussion: 500 Word Min.
This week's discussion covers HRD Skill requirements for managers.
Before entering the discussion board, please review pages 16 - 19 in the course text. (Pictures Below)
Question: “What are the core competencies or skills an HRD manager must have, and how are they acquired? “
MHR 6901, Compensation Management 1
Course Learning Outcomes for Unit VI
Upon completion of this unit, students should be able to:
5. Explain workers’ compensation.
5.1 Convince others that executive compensation is too high or is just right.
5.2 Identify compensation rules that apply to the flexible workforce.
Course/Unit
Learning Outcomes
Learning Activity
5.1 Unit VI Essay
5.2 Unit VI Quiz
Reading Assignment
Chapter 11: Compensating Executives
Chapter 12: Compensating the Flexible Workforce: Contingent Employees and Flexible Work Schedules
Unit Lesson
So far in this course, we have talked about how compensation is used and the components of a
compensation system. Let us review these a bit before we move into compensating executives.
Typically, compensation is used to recruit and retain highly qualified employees. The organization’s business
strategy (lead, lag, or match strategy) determines how the organization recruits and retains employees. A
good compensation system also increases morale or at least maintains employee satisfaction. As mentioned
earlier in the course, compensation systems include wages and benefits. A good compensation system is one
that evaluates the employees’ needs and makes adjustments, where possible, to meet those needs.
Employees who have their needs satisfied are more likely to be productive and loyal to the organization,
which, in turn, reduces costs for the organization. This is great for the average worker, but what about the
organization’s executives? Executive compensation is a challenge for most organizations and is a highly
controversial subject, especially after the government bailouts in 2008 and 2009.
Executive compensation is different than that for most salary or hourly employees and can consist of a variety
of options. It is generally focused on generating profits and long-term growth and is considered contingent
compensation, which means that the pay is structured to reward or pay based on th ...
Move from industrial to employment relations revisedmusyokasaff
Kindly find this paper useful in all fields, you can as well share the resource with friends in all learning institutions. This is entirely the my original work. The paper will also be useful in fields like medicine, law and social science.
1. A corporations distribution of additional shares of its own s.docxcuddietheresa
1.
A corporation's distribution of additional shares of its own stock to its stockholders without the receipt of any payment in return is called a: (Points : 2)
.
1. Like the modernists, postmodern writers focused on subjective e.docxcuddietheresa
1. Like the modernists, postmodern writers focused on subjective experience rather than objective cultural norms. (1 point)
expressing or dealing with facts or conditions as perceived without distortion by personal feelings, prejudices, or interpretations
characteristic of or belonging to reality as perceived rather than as independent of mind
characteristic of or belonging to the superficial world
none of the above
2. They reeled, whirled, swiveled, flounced, capered, gamboled, and spun. (1 point)
insult
twists; intricate designs
leapt; frolicked
sharp; pounding
3. He began to think glimmeringly about his abnormal son who was now in jail, about Harrison. (1 point)
beginning
watchfulness; caution
leapt; frolicked
intermittently; unsteadily
4. Stokesie’s married, with two babies chalked up on his fuselage already, but as far as I can tell that’s the only difference. (1 point)
central body portion of an airplane
evil; spiteful
handicaps; obstructions
none of the above
Read the following paragraph and answer questions 5–8.
Scientists report (1) that creatures living in the deep sea are in danger of starving to death. Millions of undiscovered species live, in the deep sea. Creatures in the seabed are suffering from growing food shortages. Which may be a result of rising sea temperatures. Scientists believe that some species will die out, those that can survive on a low food supply will continue living. Not much is known about the creatures that live in the deep sea, not much is known about the changes in their diets. Scientists estimate that up to 10 million species live in the depths of the sea. Most animals of the deep rely on food chains that begin. In the lighted realms of the sea. Microscopic plants called phytoplankton. Capture the sun and start the food cycle. (2) Wherever there are animal droppings, there is a constant rain of organic matter (3) that feeds the bottom dwellers.
5. The underlined part of sentence 1 is what kind of clause? (1 point)
adverbial clause
adjectival clause
noun clause
6. The underlined part of sentence 2 is what kind of clause? (1 point)
adverbial clause
adjectival clause
noun clause
7. The underlined part of sentence 3 is what kind of clause? (1 point)
adverbial clause
adjectival clause
noun clause
Essay
Note: Your teacher will grade your response to ensure that you receive proper credit for your answer. Your response should include the following to receive the points in parentheses:
Respond in 3–5 complete sentences. (5 pts)
8. Rewrite the paragraph above, correcting any fragments and run-on sentences. Be sure to use correct punctuation. (5 points)
True or False
9. The Beat Generation was a group of writers who fought to maintain traditionalism in America. (1 point)
true
false
10. Satire is used to make serious situations appear humorous using irony. (1 point)
true
false
11. Absurdism is the attempt to show the absurdity of t.
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11/10/21, 1:37 PM Commentary - HRMN 395 7381 The Total Rewards Approach to Compensation Management (2218)
https://learn.umgc.edu/d2l/le/content/615465/viewContent/22667815/View 1/19
Module 2: Core Elements of Monetary Rewards
Topics
Topic 1: What are Monetary Rewards?
Topic 2: Key Elements of Analysis and Documentation
Topic 3: Assessing and Rewarding Performance
Topic 4: Regulatory Aspects of Monetary Rewards
Topic 5: Philosophy of Market Positioning and Link to Total Rewards
Topic 6: Conclusions
Topic 1: What are Monetary Rewards?
The total rewards approach to compensation management is strategically planning a
targeted reward package to successfully attract, retain, and motivate segmented
populations of employees who possess the requisite knowledge, skills, and abilities (KSAs)
needed to achieve the organization's objectives. Table 1.2 in module 1 illustrates the
interdependent relationship of the components of the total rewards approach to
compensation. The table shares the three major components of total rewards, including
the monetary, non-monetary, and other elements of the work experience, which combine
strategically for the total rewards philosophy for the organization. Column 1 in Table 2.1
below shares many of the monetary rewards organizations offer today and will be
described in this module.
https://leocontent.umgc.edu/content/umuc/tus/hrmn/hrmn395/2218/modules/m2-module-2/s3-commentary.html?ou=615465#I
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https://leocontent.umgc.edu/content/umuc/tus/hrmn/hrmn395/2218/modules/m2-module-2/s3-commentary.html?ou=615465#V
https://leocontent.umgc.edu/content/umuc/tus/hrmn/hrmn395/2218/modules/m2-module-2/s3-commentary.html?ou=615465#VI
11/10/21, 1:37 PM Commentary - HRMN 395 7381 The Total Rewards Approach to Compensation Management (2218)
https://learn.umgc.edu/d2l/le/content/615465/viewContent/22667815/View 2/19
Table 2.1 Three Elements of the Total Rewards Model
Monetary Rewards
Non-monetary
Rewards
Work Experience
Base Pay
Income Protection
Benefits
Values of the Organization
Variable Pay Medical Insurance
Community (Individual
and Organizational)
Merit and Cost of
Living Increases
Vision and Dental Recognition
Retirement Savings Disability Training and Development
Performance
Feedback
Life Insurance Promotions
Deferred
Compensation
Paid Time Off Sense of Accomplishment
Day Care
Employee
Assistance
Program
Health Related
Programs
Tuition Assistance
Monetary Rewards
Monetary rewards are, unmistakably, a vital element of total rewards. Christofferson &
King (2006, p. 27) describe mometary rewards as "the pay provided by an employer to an
employee for services rendered ...
This document discusses job descriptions, job specifications, and the difference between the two. It provides details on:
- What a job description is and the typical sections it contains like job identification, duties and responsibilities, supervision, and working conditions.
- What a job specification is and the minimum qualifications it lists like physical, mental, psychological, and personal characteristics required to perform the job successfully.
- The key difference is that a job description outlines what the job duties are, while a job specification lists the minimum acceptable qualifications a person needs to have to do the job. Both are important tools that come from job analysis for selecting the right candidate for a role.
INTRODUCTION, IMPORTANT & JOB ANALYSIS PROCESS Ronit Kharade
Job analysis is the process of gathering relevant information about a job including the tasks, duties, responsibilities, skills and qualifications required. It involves determining the purpose of the analysis, collecting background information on the job, choosing representative jobs to analyze, gathering data through methods like questionnaires and observation, reviewing the information, and developing a job description and specification. The results of job analysis are used for human resource planning, recruitment, training, performance evaluation and other HR activities. Key aspects of a job that are analyzed include tasks, duties, the position in the organization structure, and required qualifications.
Unit V Lesson Notes It is understood that a labor union is an.docxmarilucorr
Unit V: Lesson Notes
It is understood that a labor union is an organization that acts as a filter between its members and the organization in which the members are employed. It has also been identified that the main purpose of labor unions is to give employees the opportunity and power to negotiate for better working conditions, decent wages, and other benefits through collective bargaining. Now that the foundation of collective bargaining has been laid, it is now time to look a little further into some of the issues that employees bargain for.
Whether working in a union or non-union environment, what would be one of your major concerns with employment? When addressing this question, many of you would probably state “compensation/wages” would be the main topic of interest. Sure, there are other perks that you would look for; however, most would not consider employment or would consider leaving current employer for better wages.
According to the textbook, “wages and benefits represent the heart of the collective bargaining process. Guarantee of a certain standard of living and a reasonable return for their productive efforts is the major concern for most union members” (Carrell & Heavrin, 2013, p. 278). This second part of this statement can be said to be true for non-union workers as well. Although there are similarities among non-union and union environments, there are differences in how wages and benefits are determined and implemented.
Non-Union Environment: Most non-union employees do not have the opportunity to negotiate their wages. Most of these organizations have a set pay rate or pay range for all positions. Many organizations conduct job analysis and job evaluations to determine appropriate pay rates. When offered a job, some may try to negotiate on the front end with the hiring manager and/or human resources a certain pay rate. Sometimes, the employee does succeed and the organization may meet the applicant half-way or offer a little more to display true interest in the applicant. However, there are some organizations that will not budge and the applicant would be forced to accept or decline the offer. Even if the applicant does accept the offer, there may be limits on how often raises are given or if they are given at all. Based on experience, sometimes the applicant will accept the job and continue to look at organizations that offer better wages and benefits. Unlike union environments, wages can also differ tremendously among individuals who have the same job title and perform the same duties. This can have a major impact on the organization.
Union Environment: Wages within union environments are negotiated. Pay rates/ranges, along with pay raises, are determined and outlined within the collective bargaining agreement. The pay rates/ranges are set for each job covered under the agreement. Many organizations will conduct job evaluations, wage surveys, and other methods when making wage decisions. Management must look ...
1. Review Chapter 1 and Chapter 2 in your textbook. Next, consider.docxjeremylockett77
1. Review Chapter 1 and Chapter 2 in your textbook. Next, consider the following questions:
· What are the three phases of the labor relations process, and what are the basic assumptions in this process in the United States?
· Why might a worker want to be represented by a labor union, or not want to be represented by a labor union?
· How can we apply lessons from the history of labor unions to evaluate the strength of labor unions in the modern workplace?
Write an essay that addresses these topics in detail. You should not be writing a question and an answer; rather, write an essay that describes your understanding of these subjects, with the questions above as prompts to help steer your thoughts. The result should be a post that stands on its own as an academic paper, not a Q&A from a classroom assignment. (This will be helpful to you as you work on your Final Paper later in the course, so doing good work now will save you time later on.)
Use in-text citations to show where you are applying or discussing content from your textbook. In addition, be sure to cite where you are applying or discussing content from external research that you decide to use, if any. (External sources are not required, but are likely to help your grade.) End your post with a References list that gives the full details about the sources. In-text citations and References should be formatted according to APA standards.
Share your initial post in this Discussion board by Thursday evening. Give substantive responses to at least two classmates' initial posts by Sunday evening. "Substantive" responses are not "Great post!" or "I like that you..." or "I agree..." type of reactions, but rather, thorough responses that include new connections to research, detailed examples from your own workplace experience, etc. Your classmates should always be learning something new from your responses.
__________
Discussions will use the following Grading Rubric:
· 25% Initial Post Comprehension: Develops an initial post with clear point of view, using rich and significant detail to demonstrate mastery of the learning topic.
· 15% Initial Post Application: Utilizes course materials and/or independent research to support your points.
· 10% Initial Post Timeliness: Submits initial post by midnight on Thursday evening during the assigned week.
· 25% Follow-Up Substantive Comments: Provides substantive responses to at least two classmates' threads, adding new insights, research, and/or examples to further classmates' learning.
· 15% Writing: Writes posts and responses that are easily understood, clear and well organized, and with appropriate grammar and spelling.
· 10% Citations and References: Uses proper APA-style citation methods when referring to other sources, including assigned content.
Labor relations is imperative in business as it refers to the system in which employers, workers and their representatives and, directly or indirectly, the government interact to set the ground rules fo ...
This document summarizes the key models of agency theory as it relates to work incentives and employment contracts. It begins with an overview of moral hazard models developed in the 1970s that examine the relationship between principal and agent. The document then presents a general principal-agent model of the employment relationship where the employer is the principal and employee is the agent. It analyzes the first-best and second-best solutions under conditions of both observable and unobservable effort. Specifically, it examines optimal compensation schemes and risk sharing under different assumptions about the risk preferences of the principal and agent. Extensions to the basic model are also discussed, including how they provide more insights into real employment practices.
Jack Welch believed that if you pick the right people and give them opportunities to grow, while also tying compensation and rewards to performance, you don't need to closely manage employees. The document discusses compensation management and how paying employees the right compensation is motivating and leads to better performance. It also covers factors that determine compensation from both the employer and employee perspective.
Job Analysis and Design Introduction This section focu.docxpriestmanmable
Job Analysis and Design
Introduction
This section focuses on three issues in the field of personnel psychology: job analysis,
job description, and job design. Job analysis and job description are foundation issues
in the field that are often looked at closely from a legal perspective. Job design focuses
on the motivation, efficiency, and effectiveness of the worker.
Job Analysis
A job analysis is the foundation for a variety of human resource functions. For
example, recruitment, selection, placement, training and development, compensation,
and promotion all rely upon the information gained through a job analysis. A job
analysis is, essentially, a snapshot of the job and includes specific information such as
the tasks performed by the worker, why the worker performs those tasks, the tools or
techniques the worker uses to perform the tasks, and the conditions under which the
tasks may be performed. For example, one task statement for a police officer might be,
"Under various weather conditions, patrols are assigned an area on foot for the purpose
of checking on the security of business establishments." A task statement for a
telephone installation technician might read, "Using a staple gun, a screwdriver, and a
handheld drill, install inside wiring and telephone instrument connection point." A job
analysis may also list the knowledge, skills, abilities, and personality characteristics (or
the KSAPCs) required to successfully perform the job. For instance, the requirements
for the police officer task statement might be knowledge of criminal law, knowledge of
patrol procedures, and ability to observe details. It is important to note that instead of
KSAPCs, job analysts may use the acronym KSAO for knowledge, skills, abilities, and
other characteristics.
There is no one way to perform a job analysis. Choice of a job analysis technique
depends upon the purpose of the analysis as well as the training of the analyst. Job
analysis data may be collected by observing workers performing the job, having the
analyst perform the job, reviewing training materials, interviewing persons who
perform the job, interviewing those who supervise the workers, or having workers
complete a survey which asks them about the job. The job analyst may design the
survey or use a published job analysis survey. Often, more than one data collection
method is used. This multimethod approach increases the probability of achieving an
in-depth understanding of the job.
Assessing Job Descriptions
A job description is one of the results of a job analysis. It is a brief statement that
summarizes the information contained in the job analysis. A job description is the
document that job candidates typically see during the recruitment or selection process.
By reviewing a job description, a candidate for the position should have a fairly good
understanding of the duties, responsibilities, and requirements of the jo ...
The document discusses various methods used to evaluate jobs and determine compensation. It describes job evaluation methods like ranking and point systems that evaluate jobs based on compensable factors like skills, effort, and responsibility to determine each job's relative worth. Employers then group similar jobs into pay grades with ranges of points or ranks. Salary surveys of other employers provide market data to establish pay rates for each grade or job based on wage curves. Laws also influence compensation and require aspects like minimum wage, overtime pay, and prohibiting discrimination.
This document discusses employee compensation and its components. It covers direct financial payments like wages and salaries which can be time-based or performance-based. It also discusses indirect financial payments like benefits. Several factors determine compensation plan design including strategy, equity, legal and union considerations. Compensation must be aligned with business strategy and attract behaviors needed to achieve strategic goals. Equity in compensation must also be maintained both internally and externally. Laws also regulate minimum wages, overtime, benefits and prohibit discrimination.
This document provides an overview of human resource management and job satisfaction. It discusses key topics such as the definition of human resource management, the importance of job satisfaction, theories of job satisfaction including content, process and situational theories, factors associated with job satisfaction like work esteem and supervision, approaches to measure job satisfaction, and models of job satisfaction. It also describes the purpose and advantages of job descriptions for recruitment, selection, and performance evaluation. General and specific job descriptions are compared in terms of the level of detail they provide and their advantages and disadvantages.
This document discusses negligence and duty of care in a workplace. It notes that duty of care extends not just to clients but also visitors, parents, and other staff. Breach of duty of care that results in injury, whether physical, psychological, emotional, or financial, to another person could be considered negligence. To avoid negligence, employees should familiarize themselves with workplace policies and procedures through discussions with supervisors and by reading relevant documents. The document also discusses how employers may be held responsible for negligent acts of employees if insufficient training or guidance was provided.
The document discusses the evolution of job analysis and design from scientific management in the early 20th century to more modern approaches. It covers Taylor's principles of scientific management that aimed to maximize efficiency by separating planning and execution. The Hawthorne studies found social and psychological factors motivated workers more than physical conditions. Modern approaches focus on roles, competencies, and documenting core processes rather than rigid jobs. Future job descriptions may describe individuals' portfolios and changing contributions rather than fixed positions.
Running head: CONTRACTS PAPER 1
CONTRACTS PAPER 4
Contracts Paper
Ira Hoekwater
Grand Canyon University BUS340
May 22, 2020
[Good work on the formatting of this cover sheet! I would, however, consider a different title for the paper since the paper is really about distinguishing between independent contractors and employees.]
[Include the title of the paper here as well.]
[Ira, prior to getting into a discussion below, there should be a clear introduction here that provides an overview of the paper’s topic. This introduction should also include a purpose statement, as required by APA format. A sample purpose statement for this paper could be, “This paper will discuss the importance of distinguishing between an independent contractor and an employee, examine the factors courts consider when determining between these two statuses, and apply these factors to a hypothetical scenario.” Note how this purpose statement lets the reader know what three questions are going to be addressed in this paper.]
Importance of Distinguishing Between Independent Contractors and Employees
1.
A worker is the person who is relegated on a consistent compensation or pay, and their expenses are overseen by the business they work for. Representatives are given a little opportunity over their money related and work life. The business sets their work routine and in ordinary conditions, they are required to work from the workplace premises. Their work is likewise basic as far as the authoritative viewpoint. The employees are in full control of their employer and conform to the standards and the requirements of the employers (Blum, 2007).
On the opposite side, a self-employed entity is autonomous of the authoritative regular principles and guidelines. The installment they get exclusively relies upon the activity or venture they are allotted for and as a rule is on an hourly premise. They have their timetable and are not attached to the fixed office timings. Contacts come about by independence of working where one enters and agreement to perform to administered tasks. After the end of the task, the contract comes to another thus far different from the employees who are totally under the control of someone.
[This section really belongs in your next section. This section needs to explain why it is important to distinguish between employees and independent contractors. The most important reasons include liability, employment law, and taxes. For example, with liability, companies are liable for the torts of their employees acting within the scope of their employment, but not their independent contractors, unless they were negligent in hiring or supervising them. These issues are discussed in Chapter 17 of the textbook. You will find the answers for this sectio.
This document provides a literature review and proposes a performance appraisal model for
implementing in a Student Affairs division of a large institution of higher education. It discusses the
rationale for performance appraisals being important for business and human resource policy. The
model aims to collect employee performance information systematically and provide feedback to
integrate into the organization's performance management process. The review covers objectives of
performance appraisals like focusing on performance not personalities, reaching agreements on areas
for improvement, and identifying training needs. It also discusses pitfalls to avoid in conducting
appraisals and legal implications around ensuring appraisal systems are valid and fairly administered.
This document provides an overview of conducting a compensation self-audit. It discusses reasons for conducting a self-audit, including as part of a risk management plan. It outlines developing an analysis framework by understanding how employees are compensated and why compensation may differ. This involves constructing employee comparison groups and identifying factors that explain pay differences. It also addresses data requirements and limitations. The document recommends using multiple regression analysis to estimate the effects of different factors on compensation.
2 repliesAssertions for each thread must be supported with at leas.docxLyndonPelletier761
2 replies
Assertions for each thread must be supported with at least 2 citations in current APA format. You must also post 2 replies of at least 250 words each. Each reply must also cite at least 2 different sources for each reply.
1)
According to
Martocchio (2015) paid time off consists of specific times that the company allocates for employees based on certain conditions (p. 209). The types of these events differ by occurrence but they all share in common a necessity to have time off. Namely, they encompass particular moments and reasons that employees can take time off for. Specifically, the author lists times such as holiday, vacation, sick leave, personal leave, jury duty, funeral leave, military leave, travel time, rest period, lunch period, integrated paid time off, volunteerism and sabbatical leave (p. 209). Although most companies offer some type of paid time off policy, the types of policies that companies approve varies. In particular, some companies have paid time off banks. This refers to time off policies being combined into one without forcing the employee to justify the reason for taking time off (p. 209). In doing so, the author argues, companies enable employees to feel more freedom and at ease with taking time off.
In general, time off has been seen as a time for employees to unwind and motivation. Altmann & Suess (2015) argue that
“by offering temporary time off programs, companies aim at increasing their employer attractiveness. However, little is known about whether temporary time off programs increase the attractiveness of employers” (p. 282). In other words, companies view paid time off as a means to bring more workers into their offices. Presumably, companies believe their current programs do not do enough. As a result, if they increase their offerings, employees will feel more appreciated. The authors make sure to stress that paid time off has not been studied in its ability to attract employees to the company. However, the belief that this thought is accurate seems pervasive.
On one hand, paid time off does seem to motivate employees. One employee states that “to me, having a generous vacation package provides me the time I need to believe I really live” (
Emond,2016,
p.75). The sentiment that paid time off allows for more time of the employee to dedicate to themselves and goals is an important note. For instance, the employee also states that it allowed her to put her time towards earning a master’s degree and also to vacation (p.75). The idea that paid time off applies to a whole myriad of employee goals. In some ways, the idea of paid time off can be considered a form of compensation for the time that the employee has put into the company.
All in all, there are two types of paid time off. Specifically, the paid time off which has been separated into specific times employees can take time off for and an all-encompassing bucket of time that does not require justification. Employers seem to.
Week One Discussion 500 Word Min.This weeks discussion covers .docxhelzerpatrina
Week One Discussion: 500 Word Min.
This week's discussion covers HRD Skill requirements for managers.
Before entering the discussion board, please review pages 16 - 19 in the course text. (Pictures Below)
Question:“What are the core competencies or skills an HRD manager must have, and how are they acquired? “
Week One
Discussion
:
500 Word Min.
This week's discussion covers HRD Skill requirements for managers.
Before entering the discussion board, please review pages 16
-
19 in the course text
.
(Pictures Below)
Question:
“What
are the core competencies or skills an HRD manager must have, and how are they acquired
?
“
Week One Discussion: 500 Word Min.
This week's discussion covers HRD Skill requirements for managers.
Before entering the discussion board, please review pages 16 - 19 in the course text. (Pictures Below)
Question: “What are the core competencies or skills an HRD manager must have, and how are they acquired? “
MHR 6901, Compensation Management 1
Course Learning Outcomes for Unit VI
Upon completion of this unit, students should be able to:
5. Explain workers’ compensation.
5.1 Convince others that executive compensation is too high or is just right.
5.2 Identify compensation rules that apply to the flexible workforce.
Course/Unit
Learning Outcomes
Learning Activity
5.1 Unit VI Essay
5.2 Unit VI Quiz
Reading Assignment
Chapter 11: Compensating Executives
Chapter 12: Compensating the Flexible Workforce: Contingent Employees and Flexible Work Schedules
Unit Lesson
So far in this course, we have talked about how compensation is used and the components of a
compensation system. Let us review these a bit before we move into compensating executives.
Typically, compensation is used to recruit and retain highly qualified employees. The organization’s business
strategy (lead, lag, or match strategy) determines how the organization recruits and retains employees. A
good compensation system also increases morale or at least maintains employee satisfaction. As mentioned
earlier in the course, compensation systems include wages and benefits. A good compensation system is one
that evaluates the employees’ needs and makes adjustments, where possible, to meet those needs.
Employees who have their needs satisfied are more likely to be productive and loyal to the organization,
which, in turn, reduces costs for the organization. This is great for the average worker, but what about the
organization’s executives? Executive compensation is a challenge for most organizations and is a highly
controversial subject, especially after the government bailouts in 2008 and 2009.
Executive compensation is different than that for most salary or hourly employees and can consist of a variety
of options. It is generally focused on generating profits and long-term growth and is considered contingent
compensation, which means that the pay is structured to reward or pay based on th ...
Move from industrial to employment relations revisedmusyokasaff
Kindly find this paper useful in all fields, you can as well share the resource with friends in all learning institutions. This is entirely the my original work. The paper will also be useful in fields like medicine, law and social science.
Similar to Discussion 1QuestionExplain how you would conduct a job anal.docx (20)
1. A corporations distribution of additional shares of its own s.docxcuddietheresa
1.
A corporation's distribution of additional shares of its own stock to its stockholders without the receipt of any payment in return is called a: (Points : 2)
.
1. Like the modernists, postmodern writers focused on subjective e.docxcuddietheresa
1. Like the modernists, postmodern writers focused on subjective experience rather than objective cultural norms. (1 point)
expressing or dealing with facts or conditions as perceived without distortion by personal feelings, prejudices, or interpretations
characteristic of or belonging to reality as perceived rather than as independent of mind
characteristic of or belonging to the superficial world
none of the above
2. They reeled, whirled, swiveled, flounced, capered, gamboled, and spun. (1 point)
insult
twists; intricate designs
leapt; frolicked
sharp; pounding
3. He began to think glimmeringly about his abnormal son who was now in jail, about Harrison. (1 point)
beginning
watchfulness; caution
leapt; frolicked
intermittently; unsteadily
4. Stokesie’s married, with two babies chalked up on his fuselage already, but as far as I can tell that’s the only difference. (1 point)
central body portion of an airplane
evil; spiteful
handicaps; obstructions
none of the above
Read the following paragraph and answer questions 5–8.
Scientists report (1) that creatures living in the deep sea are in danger of starving to death. Millions of undiscovered species live, in the deep sea. Creatures in the seabed are suffering from growing food shortages. Which may be a result of rising sea temperatures. Scientists believe that some species will die out, those that can survive on a low food supply will continue living. Not much is known about the creatures that live in the deep sea, not much is known about the changes in their diets. Scientists estimate that up to 10 million species live in the depths of the sea. Most animals of the deep rely on food chains that begin. In the lighted realms of the sea. Microscopic plants called phytoplankton. Capture the sun and start the food cycle. (2) Wherever there are animal droppings, there is a constant rain of organic matter (3) that feeds the bottom dwellers.
5. The underlined part of sentence 1 is what kind of clause? (1 point)
adverbial clause
adjectival clause
noun clause
6. The underlined part of sentence 2 is what kind of clause? (1 point)
adverbial clause
adjectival clause
noun clause
7. The underlined part of sentence 3 is what kind of clause? (1 point)
adverbial clause
adjectival clause
noun clause
Essay
Note: Your teacher will grade your response to ensure that you receive proper credit for your answer. Your response should include the following to receive the points in parentheses:
Respond in 3–5 complete sentences. (5 pts)
8. Rewrite the paragraph above, correcting any fragments and run-on sentences. Be sure to use correct punctuation. (5 points)
True or False
9. The Beat Generation was a group of writers who fought to maintain traditionalism in America. (1 point)
true
false
10. Satire is used to make serious situations appear humorous using irony. (1 point)
true
false
11. Absurdism is the attempt to show the absurdity of t.
1. As the degree of freedom increase indefinitely, the t distribu.docxcuddietheresa
1.
As the degree of freedom increase indefinitely, the t distribution approaches the normal distribution. (Points : 1)
[removed] [removed] [removed] [removed]
.
1-Explain how the topography of the United states can affect the wea.docxcuddietheresa
1-Explain how the topography of the United states can affect the weather.
2-
Explain why or why not the bodies of water that are in close proximity to the Commonwealth (P.A.) can affect our weather.
3-
Explain how sometimes it can we warmer in Alaska in December than here in PA?
4-
Explain how the temperature can range 30 degrees in Pittsburgh to 55 Philadelphia during the month of January.
5
Explain how the temperature can range from 75 degrees in Pittsburgh to 45 in Philadelphia during the month of May.
6-
Explain how Texas can sometimes be colder than PA during the winter.
7
.
Explain how Florida can sometimes be cooler than PA during the summer.
.
1. An exporter faced with exposure to a depreciating currency can.docxcuddietheresa
1.
An exporter faced with exposure to a depreciating currency can reduce transaction exposure with a strategy of: (Points : 1)
[removed] [removed] [removed] [removed]
.
1. According to the central limit theorem, a population which is .docxcuddietheresa
1.
According to the central limit theorem, a population which is skewed to begin with will still be skewed when it is re-formed as a distribution of sample means. (Points : 1)
.
1. Which of the following is not a class of essential nutrient.docxcuddietheresa
1. Which of the following is not a class of essential nutrient?
a. Dietary supplements
b. Carbohydrates
c. Lipids
d. Minerals
2. Which of the following statements about the nutrient composition of the American diet is true?
a. It contains too little protein
b. It contains too little carbohydrate
c. It contains too little fat
d. It contains too many calories
3. A kcalorie is a measure of
a. Heat energy
b. Fat in food
c. Nutrients in food
d. Sugar and fat in food
4. Which of the following nutrients can directly supply energy for human use?
a. Lipids and oils
b. Fiber
c. Vitamins
d. Minerals
5. Gram for gram, which provides the most energy?
a. Carbohydrates
b. Proteins
c. Alcohol
d. Fats
6. Which of the following yield greater than 4 kcalories per gram?
a. Plant fats
b. Plant carbohydrates
c. Plant proteins
d. Animal proteins
7. Which of the following contain no calories?
a. Alcohol
b. Proteins
c. Carbohydrates
d. Vitamins
8. Which one of the following is a carbohydrate?
a. apples
b. chicken
c. potatoes
d. both a and c
9. Which of the following is a protein?
a. apples
b. chicken
c. potatoes
d. both a and c
10. Which of the following is a lipid?
a. oils
b. fat
c. cholesterol
d. all the above
11. Fats:
a. Regulate body temperature b. protect organs
c. produce energy d. All of the Above
12. Water is _____ of a person's total body weight.
a. 40% b. 65%-75%
c. 10% - 20% d. None of the above
13. When looking at the ingredient label of a bottled spaghetti sauce, you see that olive oil is the second ingredient. This means that
a. Olive oil is the second ingredient by alphabetical listing
b. Olive oil is just one of the ingredients present in the sauce
c. Olive oil is the second ingredient by weight
d. Olive oil is the second ingredient by amount present in the sauce
14. How many kcalories are provided by a 2-oz brownie with icing? Its nutrient composition is 1g of protein, 5g of fat, and 15g of carbohydrates
a. 89
b. 109
c. 84
d. 159
15. Which of the following provides the most kcalories?
a. 5g carbohydrate
b. 3g fat
c. 4g protein
d. 2g alcohol
16. One-half of a mashed potato with milk contains 2g of protein, 1g of fat, and 14g of carbohydrate. What percentage of the total kcalorie content is provided by carbohydrates
a. 19%
b. 72%
c. 82%
d. 77%
17. True or False: A nutrition facts label can list 0 grams of fat even if the food does in fact contain some fat.
.
1. The process by which one group takes on the cultural and other .docxcuddietheresa
1. The process by which one group takes on the cultural and other traits of a larger group is called _______. (1 point)
assimilation
pluralism
culture
integration
2. Chinatown in San Francisco and Little Havana in Miami are examples of _______. (1 point)
assimilation
pluralism
culture
integration
3. The Salad Bowl analogy of U.S. society states that (1 point)
ethnic groups living in the United States retain unique features, but also contribute to American culture as a whole.
all ethnic groups’ cultures have melted overtime into one distinct culture.
ethnic groups are entirely separated in U.S. society and have no influence upon one another.
immigrants must abandon their traditions to be successful in U.S. society.
4. A form of government in which a king or queen acts as head of state while parliament makes legislation is called a ________. (1 point)
monarchy
democracy
democratic parliament
constitutional monarchy
5. Based on the text, what was the African diaspora? (1 point)
the transporting of Africans to the New World for slave labor
the dispersion of Africans during and after the trans-Atlantic slave trade
the multiculturalism of African American colonies in the New World
the assimilation of African culture into that of the United States
6. Which is the term for a completely structured language that develops from a blending of native languages and introduced languages? (1 point)
Pidgin
Creole
Esperanto
Dialect
7. Which movement was initiated in the 1960s by Quebecer Réne Lévesque? (1 point)
a movement to give indigenous people their own province
a movement to make French the official language of Canada
an initiative to put an end to all immigration into Canada
a movement to make Quebec an independent sovereignty
8. Which U.S. city is best known for celebrating the tradition of Mardi Gras? (1 point)
San Francisco
New York City
New Orleans
Miami
9. Which country is responsible for laying Canada’s cultural foundation? (1 point)
Great Britain
France
The United States
Germany
10. Which group makes up the largest segment of the Mexican population? (1 point)
Spanish
Indigenous peoples
Mestizos
Aztecs
.
1. Milestone InvestingCompare and contrast the interests of .docxcuddietheresa
1. Milestone Investing
Compare and contrast the interests of entrepreneurs and investors to the concept of milestone investing? Is there the potential for conflict of interest? How can conflict be resolved? Respond to two of your classmates’ postings.
2. NVCA
Explore the website of the National Venture Capital Association. Briefly review the membership list and the focus of the venture funding association. Discuss the economic importance of venture backed companies to the U.S. Economy. Provide examples. Respond to two of your classmates’ postings.
.
1. All dogs are warm-blooded. All warm-blooded creatures are mamm.docxcuddietheresa
1.
All dogs are warm-blooded. All warm-blooded creatures are mammals. Hence, all dogs are mammals.
True or False: The sentence, “Hence, all dogs are mammals,” is a premise in this argument. (Points : 1)
.
1-3 Final Project Milestone #1 ProposalThroughout this course.docxcuddietheresa
1-3 Final Project Milestone #1: Proposal
Throughout this course you will be asked to make wiki posts about a company in which you are a stakeholder. Before you can make your first post (due next week), you must submit a proposal to your instructor below.
This 1–2 page proposal must:
Identify the company you have selected
Give a brief synopsis of the company, summarizing its purpose and goals
State your rationale and reason for selecting this company
Describe your role as a stakeholder in this company
Describe at least three other stakeholders and their relationship to the company you have selected
Conclusion: what you hope to gain/understand as you research about this company
After the handshake is agreed upon, I will give the comany that I have chosen. Paper must be:
1-2 page APA.
Pass Turnitin
Received on or before the deadline.
.
1-Please explain Ethical Universalism. Should organizations be socia.docxcuddietheresa
1-Please explain Ethical Universalism. Should organizations be socially responsible to their stakeholders?
2
What factors go into putting together a Strong Management Team?
3-
Please discuss how Benchmarking by adopting Best Practices of other companies and enacting Continuous Improvement aids in Organizational Performance.
4-
How does an organization develop an High Performance Culture?
.
1-an explanation of why the Marbury v. Madison case is a landmar.docxcuddietheresa
1-an explanation of why the
Marbury v. Madison
case is a landmark decision. Then briefly describe the Supreme Court case you reviewed and explain the significance of the
Marbury v. Madison
decision on the outcomes of the case. Be specific.
Note: Put the name of the Supreme Court case you reviewed in the first line of your post. You will be asked to respond to a colleague who selected a different Supreme Court case than you did.
Powers of the Supreme Court
There are a number of Supreme Court cases that have significantly impacted law and public policy. As you progress through the course, you will review many of these cases. For this Discussion, you are asked to consider the significance of the
Marbury v. Madison
case.
In the presidential election of 1800, Thomas Jefferson defeated the incumbent president, John Adams, a Federalist. Before John Adams left office, he appointed judges and justices of the peace for the District of Columbia who also were Federalists. All of the appointments for the new judges and justices of the peace were approved in a mass Senate hearing. However, four of the justices of the peace did not receive their commissions before John Adams’ presidency was over. One of these justices of the peace, William Marbury, petitioned the Supreme Court to force James Madison, the new Secretary of State under Jefferson, to deliver his commission. Marbury cited the Judiciary Act of 1789 which gave the Supreme Court the power to take such an action. In the end, Chief Justice John Marshall of the Supreme Court declared that the Judiciary Act of 1789 was unconstitutional and then denied Marbury’s petition.
This decision was the first time in history that the Supreme Court deemed a legislative act to be unconstitutional. As a direct result of the case, the concept of judicial review was established and the checks and balances of the U.S. Government were further defined.
2-a brief explanation of the Supreme Court’s role in policy making. Then describe two strengths and two limitations of the Supreme Court’s role in policy making.
Role of the Supreme Court in Policy Making
While the U.S. Supreme Court is extremely powerful, theoretically, it is not able to create law or public policy in the way that Congress or the President does. However, the Supreme Court is able to review public policies or laws that are disputed and determine their constitutionality. Supreme Court justices must determine which cases or disputes to hear and then determine if the laws or policies in such cases are constitutional. If they rule that the laws or policies are unconstitutional, they make recommendations about how the laws or policies should be changed or adapted. In this way, the Supreme Court engages in policy making.
To prepare for this Discussion:
Review the Preface and Introduction in the course text,
Landmark Supreme Court Cases: The Most Influential Decisions of the Supreme Court of the United States.
Consider the history of the Supreme Court a.
1-Discuss research that supports the hypothesis that a person’s ac.docxcuddietheresa
1-Discuss research that supports the hypothesis that a person’s action in the environment affects depth perception.
2-Name and discuss two characteristics of optic flow.
3-What is optic ataxia? Describe the method, results, and implications of the research by Schindler on optic ataxia patients
4-Contrast the three types of dichromatism, in regard to rates, neutral points, color experience, and proposed physiological cause.
5-Name, define, and give an example (in words) of six pictorial depth cues.
Due Sunday by 5PM
.
1-Imagine you are a historian, and the only existing sources of evid.docxcuddietheresa
1-Imagine you are a historian, and the only existing sources of evidence
regarding the conquest are documents from Indigenous sources. What can we
conclude by analyzing the Florentine Codex, the Annals of Tlatelolco, as well
as the excerpts from Oaxaca and Yucatan that best describes the conquest
from the perspective of the Indigenous population?
2-In 1844, U. S. President James K. Polk ran on a Democratic platform that
supported manifest destiny. Manifest Destiny is the idea that Americans were
predestined to occupy the entire North American continent. The last act of
Polk's predecessor, John Tyler, had been to annex the Republic of Texas in
1845. Polk wanted to lay claim to California, New Mexico, and land near the
disputed southern border of Texas. Mexico, however, was not so eager to let
go of these territories. What ensued later is referred in the historical records as
the Mexican American War. Examine the causes that precipitated the
Mexican American War, as well as the end result of this conflict.
.
1-How does relative humidity affect the comfort of people Can you e.docxcuddietheresa
1-How does relative humidity affect the comfort of people? Can you explain the physiological reasons for this?
2-The diurnal (daily) relationship between temperature and humidity is such that the lowest humidity should occur in the afternoon hours. It is during these times, however, when it often seems to be most humid and uncomfortable. What could be the reason for this
perceived
inconsistency?
3- When dew forms on outdoor objects, can it be assumed that the atmosphere is saturated? If so, why is there often no fog accompanying the dew?
4-
Can you think of any agents or circumstances that may cause the mixing ratio in a room to change?
.
1-1) In general, what is the effect of one party being mistaken abou.docxcuddietheresa
1-1) In general, what is the effect of one party being mistaken about the subject matter of
a contract?
a. The mistaken party can rescind the contract.
b. Either party can rescind the contract, and the mistaken party can recover damages.
c. Neither party can rescind the contract or recover damages.
d. Either party can rescind the contract and/or recover damages.
e. Either party can rescind the contract.
2-5) In Wilson v. Western National Life Insurance Company, involving the party who lied
allegedly regarding prior drug abuse in order to obtain life insurance, what was
the holding of the court when the party later died from a drug overdose?
Unit 3 Examination
a. The life insurance company had to pay the proceeds because if the plaintiff’s medical
records had been consulted, the drug abuse would have been discovered.
b. The life insurance did not have to pay the proceeds only because the deceased’s wife
was unaware of the misrepresentation.
c. The life insurance had to pay the proceeds because the deceased’s wife actually paid
the premiums.
d. The life insurance company had to pay the proceeds because the plaintiff was not
using drugs during the time the application for insurance was made.
e. The life insurance company did not have to pay the proceeds because of the concealment
of the drug abuse.
3-8) Frank had a bicycle that he advertised for sale, honestly believing it to be a 1999
model even though it was actually a 1996 model. There were significant improvements
in the frame material, not readily apparent, made between 1996 and 1999 to
this model bicycle. The buyer believed Frank’s statement that it was a 1999 model,
and was excited to be getting a model incorporating the improvements. After discovering
that the bike was actually a 1996 model, the buyer could avoid the contract on
the basis of:
a. unilateral mistake.
b. fraud.
c. mutual mistake.
d. B and C.
e. none of the above.
Unit 3 Examination
Business Law
4-9) The owner of a gym tells Ruppert that if he joins the gym for a year and hires a personal
trainer, his body will be more attractive to women and his life will change forever.
Ruppert joins and hires a personal trainer, but otherwise his life remains the
same. The statements of the gym owner could be described as:
a. statements of fact.
b. statements of opinions.
c. predictions about the future.
d. both B and C.
e. A, B and C.
5-10) Which of the following is the false statement?
a. A legal right arising from a breach of contract may be assigned.
b. The same right can be assigned more than once.
c. You must get everyone’s consent to make a novation.
d. Purely mechanical duties are not delegable.
e. There is a guarantor in a delegation.
6-11) When there has been an assignment of rights under a contract, who has a duty to
notify the obligor of the assignment?
a. The assignor.
b. The assignee.
c. Both the assignor and the assignee.
d. Neither the assignor nor the assi.
1- How did the United States become involved in the politics of Sout.docxcuddietheresa
1- How did the United States become involved in the politics of Southeast Asia? Describe two key decisions that escalated American involvement and determine their impact. How did a lack of political clarity in declaring the war’s objectives affect the military’s ability to fight?
2-
• Describe how students mobilized to protest in the 1960s. Why did student activism become so visible at this time?
200 words minimum.
.
1- I need someone who read the book (V for Vendetta) and saw the mov.docxcuddietheresa
1- I need someone who read the book (V for Vendetta) and saw the movie V.
2- The essay will be about the difference between Evey in the book and Evey in the movie.
3- The thesis will be
( Evey has big part in the story of V, but there is a big different in her character between the movie and the book ).
.
1- Define arbitration.2- Who is responsible for paying an arbitr.docxcuddietheresa
1- Define arbitration.
2- Who is responsible for paying an arbitrator’s fee?
3- When are punitive damages awarded?
4- What is the best for business necessity?
5- Do entities today use "constructive discharge" as a way to get rid of people so that they do not have to adhere to the WARN act?
.
LAND USE LAND COVER AND NDVI OF MIRZAPUR DISTRICT, UPRAHUL
This Dissertation explores the particular circumstances of Mirzapur, a region located in the
core of India. Mirzapur, with its varied terrains and abundant biodiversity, offers an optimal
environment for investigating the changes in vegetation cover dynamics. Our study utilizes
advanced technologies such as GIS (Geographic Information Systems) and Remote sensing to
analyze the transformations that have taken place over the course of a decade.
The complex relationship between human activities and the environment has been the focus
of extensive research and worry. As the global community grapples with swift urbanization,
population expansion, and economic progress, the effects on natural ecosystems are becoming
more evident. A crucial element of this impact is the alteration of vegetation cover, which plays a
significant role in maintaining the ecological equilibrium of our planet.Land serves as the foundation for all human activities and provides the necessary materials for
these activities. As the most crucial natural resource, its utilization by humans results in different
'Land uses,' which are determined by both human activities and the physical characteristics of the
land.
The utilization of land is impacted by human needs and environmental factors. In countries
like India, rapid population growth and the emphasis on extensive resource exploitation can lead
to significant land degradation, adversely affecting the region's land cover.
Therefore, human intervention has significantly influenced land use patterns over many
centuries, evolving its structure over time and space. In the present era, these changes have
accelerated due to factors such as agriculture and urbanization. Information regarding land use and
cover is essential for various planning and management tasks related to the Earth's surface,
providing crucial environmental data for scientific, resource management, policy purposes, and
diverse human activities.
Accurate understanding of land use and cover is imperative for the development planning
of any area. Consequently, a wide range of professionals, including earth system scientists, land
and water managers, and urban planners, are interested in obtaining data on land use and cover
changes, conversion trends, and other related patterns. The spatial dimensions of land use and
cover support policymakers and scientists in making well-informed decisions, as alterations in
these patterns indicate shifts in economic and social conditions. Monitoring such changes with the
help of Advanced technologies like Remote Sensing and Geographic Information Systems is
crucial for coordinated efforts across different administrative levels. Advanced technologies like
Remote Sensing and Geographic Information Systems
9
Changes in vegetation cover refer to variations in the distribution, composition, and overall
structure of plant communities across different temporal and spatial scales. These changes can
occur natural.
How to Make a Field Mandatory in Odoo 17Celine George
In Odoo, making a field required can be done through both Python code and XML views. When you set the required attribute to True in Python code, it makes the field required across all views where it's used. Conversely, when you set the required attribute in XML views, it makes the field required only in the context of that particular view.
This document provides an overview of wound healing, its functions, stages, mechanisms, factors affecting it, and complications.
A wound is a break in the integrity of the skin or tissues, which may be associated with disruption of the structure and function.
Healing is the body’s response to injury in an attempt to restore normal structure and functions.
Healing can occur in two ways: Regeneration and Repair
There are 4 phases of wound healing: hemostasis, inflammation, proliferation, and remodeling. This document also describes the mechanism of wound healing. Factors that affect healing include infection, uncontrolled diabetes, poor nutrition, age, anemia, the presence of foreign bodies, etc.
Complications of wound healing like infection, hyperpigmentation of scar, contractures, and keloid formation.
Temple of Asclepius in Thrace. Excavation resultsKrassimira Luka
The temple and the sanctuary around were dedicated to Asklepios Zmidrenus. This name has been known since 1875 when an inscription dedicated to him was discovered in Rome. The inscription is dated in 227 AD and was left by soldiers originating from the city of Philippopolis (modern Plovdiv).
Leveraging Generative AI to Drive Nonprofit InnovationTechSoup
In this webinar, participants learned how to utilize Generative AI to streamline operations and elevate member engagement. Amazon Web Service experts provided a customer specific use cases and dived into low/no-code tools that are quick and easy to deploy through Amazon Web Service (AWS.)
Walmart Business+ and Spark Good for Nonprofits.pdfTechSoup
"Learn about all the ways Walmart supports nonprofit organizations.
You will hear from Liz Willett, the Head of Nonprofits, and hear about what Walmart is doing to help nonprofits, including Walmart Business and Spark Good. Walmart Business+ is a new offer for nonprofits that offers discounts and also streamlines nonprofits order and expense tracking, saving time and money.
The webinar may also give some examples on how nonprofits can best leverage Walmart Business+.
The event will cover the following::
Walmart Business + (https://business.walmart.com/plus) is a new shopping experience for nonprofits, schools, and local business customers that connects an exclusive online shopping experience to stores. Benefits include free delivery and shipping, a 'Spend Analytics” feature, special discounts, deals and tax-exempt shopping.
Special TechSoup offer for a free 180 days membership, and up to $150 in discounts on eligible orders.
Spark Good (walmart.com/sparkgood) is a charitable platform that enables nonprofits to receive donations directly from customers and associates.
Answers about how you can do more with Walmart!"
Gender and Mental Health - Counselling and Family Therapy Applications and In...PsychoTech Services
A proprietary approach developed by bringing together the best of learning theories from Psychology, design principles from the world of visualization, and pedagogical methods from over a decade of training experience, that enables you to: Learn better, faster!
Gender and Mental Health - Counselling and Family Therapy Applications and In...
Discussion 1QuestionExplain how you would conduct a job anal.docx
1. Discussion 1:
Question:
Explain how you would conduct a job analysis in a company
that has never had job descriptions. Utilize the O*Net as a
resource for your information.
Job descriptions are used for a variety of reasons. They are a
tool for recruiting, determining salary ranges and levels or
grades, establishing job titles, creating employee’s job goals
and objectives, and conducting performance reviews. They can
also be used for career planning, creating reasonable
accommodations and meeting legal requirements for compliance
purposes. Because of this, it is very important to have written
job descriptions that accurately reflect the employees’ current
job duties and responsibilities (Schneider, C. A., Rasband, W.
S., & Eliceiri, K. W. (2012)).
Employers should audit their job descriptions every few years,
usually in conjunction with a compensation study and whenever
the organization’s purpose, mission or structure changes. One
way to audit or create job descriptions is to conduct a job
analysis. Job analysis is the process of gathering, examining and
interpreting data about the job’s tasks and responsibilities. It
generally includes tracking an employee’s duties and the
duration of each task, observing the employee performing his or
her job, interviewing the employee, managers and others who
interact with the employee, and comparing the job to other jobs
in the same department and job grade or job family. An
important concept in job analysis is that it is an evaluation of
the job, not the person doing the job. The final product from a
job analysis includes a thorough understanding of the essential
functions of the job, a list of all duties and responsibilities, a
percentage of time spent for each group of tasks, the job’s
2. relative importance in comparison with other jobs, the
knowledge, skills and abilities (KSAs) needed to perform the
job, and the conditions under which the work is completed
(Hansen, M. T., Nohria, N., & Tierney, T. (1999)).
Discussion 2:
Question:
Explain how you would conduct a job analysis in a company
that has never had job descriptions. Utilize the O*Net as a
resource for your information.
There are various definitions of job analysis and according to
Management Study Guide, (2018) job analysis is a process of
recognizing and defining details on a particular job their duties,
responsibilities as well as skills. The job analysis process is
important for organizations today considering the fact that it
helps in discovering what a department requires and what is
expected of workers in that given department. Also, a job
analysis defines the particulars of a job, including the job
location, title, or even the working conditions of an existing or
future employee.
There are several steps to follow in order to conduct a job
analysis, effectively and the first step is determining the reason
for the job analysis, the individual to conduct the analysis, how
the analysis will be conducted and having a strategic decision
making. Also, there should be training for the job analyst and
after that preparation of the analysis process, data collection,
recording, review, and verification as well as creating a job
description and specification (MSG, 2018). Conducting a job
analysis is not an easy task, especially for a company that has
never had a job description, but with the above steps, a job
3. analysis can easily and effectively be developed. A job analysis
is important for organizations, especially in the recruitment and
selection process.
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Chapter 21
Establishing the Employment Relationship
In thinking about setting up a business, you may have
considered that all workers are classi�ied as employees, but
this is not true. There are, in fact,
numerous forms that an employer–employee relationship can
take or transform into. This chapter begins with those types
of relationships and examines
the liability that can result from each. It will then look at
some of the major labor law legislation from the 20th
century.
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21.1 Employer–Employee Relationship
4. When an employer hires someone to work, the likelihood
is that person will be categorized as an employee. Many
students are unaware that the worker
could actually be categorized in numerous ways: as an
employee, an agent, or a servant. Some workers are not
employees at all, but rather independent
contractors (see Table 21.1). Each one of these types of
workers has unique characteristics and liabilities.
What makes someone an employee? It is well settled in law
that employees have distinct characteristics. Most courts
consider the biggest factor in
determining whether or not someone is an employee to be
how much control the employer has over the details of the
employee's work. For example, an
employer characteristically tells the employee when to
come to work, when to leave, what job he or she will be
doing, how to do it, and all the other
typical requirements of the workplace.
Another characteristic of an employer–employee relationship
is that the employer supplies the tools, place of work, and
other instrumentalities (means,
agency) that make the place one of work. The employer is
also engaged in a distinct occupation or business, as
opposed to someone who hires a worker
for only one job. In employer–employee relationships, there
is continuity: An employee receives a regular paycheck and
is covered by workers'
compensation. Usually employees are engaged for a longer
length of time and complete work that is the regular
business of the employer. The employer
is responsible for deducting taxes from the employee's
check as well as for administering health insurance, pension
plans, workers' compensation, and
Social Security bene�its for the employee. For a look at
5. some of the distinctions between the two categories of
workers, see the case Carnation Co. v. NLRB,
429 F.2d 1130, 1134 (9th Cir. 1970) (available here
(http://bulk.resource.org/courts.gov/c/F2/429/429.F2d.113
0.23255.html) ).
If an employee commits a tort while going about the
employer's business, the language in law changes from that
of employer–employee to that of master–
servant, with the employer as the master. In fact, the phrase
master–servant is generally associated with employees who
commit torts while on the job,
although some writers use it interchangeably with employer–
employee.
An employee might also be an agent. This is a special type
of employee who has the power to enter into contracts
that bind the employer, now called a
principal, to third parties. This relationship, and the
attendant duties and liabilities, will be covered in Chapter 27
(http://content.thuzelearning.com/books/AUBUS670.12.2/sectio
ns/ch27#ch27) , Principal–Agency Law.
Finally, the employee might not actually be an employee at
all but rather someone called an independent contractor, who
is self-employed (see Chapter 28
(http://content.thuzelearning.com/books/AUBUS670.12.2/sectio
ns/sec28.1#sec28.1) for more about the sole proprietorship
business model). From a legal
standpoint, the greatest signi�icance of the employer–
employee relationship is that of respondeat superior. This
phrase means "the master responds for the
torts of his servant." The translation might be "the
employer pays for the torts of his employees." This means
that if an employee is acting within the scope
of employment and commits a tort, then the employer must
6. pay for the damages. Consider the following hypothetical
situation:
USB Stores hires Alan to deliver goods to
customers. In so doing, Alan gets into a
car accident and seriously injures Melba. Melba
isn't
going to sue Alan, who has no money. Instead,
Melba will sue the defendant with the most
money—USB Stores—under the theory of
respondeat superior. If Melba can prove that
Alan was an employee and that he was within
the scope of performing his duties when
the
negligent act (tort) occurred, then USB will have to
pay damages to Melba. If, on the otherhand,
Alan was not an employee but an
independent contractor, then the employer would
not be liable for Alan's tort. Instead, Melba's
sole recourse would be against Alan
personally.
There is another reason that being an employee is
signi�icant. If the employee is going about the
master/employer's business, and the employee (not a
third party) is injured or dies, then the employee can
recover money only through workers' compensation.
The following attributes qualify one as an independent
contractor:
The contractor is often hired for one particular job;
The contractor is not directly supervised by the person
hiring him or her (may be working offsite for the hirer);
7. The contractor is not receiving regular pay, but instead is
being paid once (or in installments) for completing the
work;
The contractor supplies his or her own tools or equipment
to complete the job;
The person or company paying does not deduct Social
Security or cover workers' compensation; and
Most important, the hirer is not responsible for torts
committed by the independent contractor.
In lawsuits in which the employer is sued under the
theory of respondeat superior, the employer often will try
to prove that the worker is not an
employee but an independent contractor. In lawsuits where
the employer is sued for injuries on the job, the worker
will try to prove that he or she is an
independent contractor and not an employee. In deciding
such questions, courts weigh a number of factors in an
attempt to determine the nature of the
relationship.
Table 21.1:Legally recognized employment
relationships
How Formed Resulting Liability
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Employer–employee
Employer hires employee to carry out the business and
directs the employee in all details of the work.
Employer is obligated to comply with all state and federal
laws regarding taxes, workers' compensation, and the like.
Master–servant
Employer hires employee to carry out the business, as in
employer–employee relationship; then employee commits a
tort while so doing.
Employer is liable for torts of the servant (if the servant
is
within the scope of employment) under the doctrine of
respondeat superior.
Principal–agent
Employer hires employee to carry out the business, as in
employer–employee relationship; employer gives employee
added responsibilities of entering into contracts for the
employer.
Employer, now the principal, is bound by the contracts
entered into by the agent on his or her behalf.
Employer–
independent
9. contractor
Employer hires a worker for a project only.
Employer is not liable for the torts of the worker, and the
worker cannot enter into contracts on behalf of the
employer.
How do the courts differentiate between an employee and
an independent contractor? Consider the following case
excerpts, which discuss whether or not
an emergency room doctor was an employee–servant or an
independent contractor:
Cases to Consider: Williamson v. Coastal
Physician Services of Southeast, Inc.
Williamson v. Coastal Physician Services of
Southeast, Inc.251 Ga. App. 667, 554 S.E.2d 739 Ga.
App. (2001)
On June 14, 1996, Joe Williamson was experiencing
shortness of breath, so he went to the emergency room of
Columbia Fairview Park
Hospital in Dublin. In the emergency room, he was treated
by Dr. Sam Johnson, who diagnosed Williamson with
cellulitis, hyperglycemia,
and chronic obstructive pulmonary disease. Dr. Johnson
discharged Williamson, but Williamson returned to the
emergency room six hours
later. Dr. Johnson saw Williamson and again discharged
him. On June 17 and 20, 1996, Williamson went to Dr.
Andy Williamson's of�ice,
where he was treated and released. On July 1, 1996, Joe
Williamson was admitted to the Carl Vinson VA Medical
Center. The following day
he died.
10. Charlotte Williamson, surviving spouse and administratrix
of Williamson's estate, brought this medical malpractice
lawsuit against the
hospital, Dr. Johnson, Dr. Williamson, and Coastal Physician
Services, which had hired Dr. Johnson to work in the
emergency room
pursuant to a staf�ing agreement with the hospital. The
lawsuit claims that Coastal is vicariously liable for the
actions of Dr. Johnson.
Coastal moved for summary judgment, arguing that it cannot
be held liable for the actions of Dr. Johnson because he
is an independent
contractor and not an employee.
***
We determine whether a person is an employee or an
independent contractor by examining whether the employer
has assumed the right
to control the time, manner, and . . . the person's actual
hours of work. The right to control the manner and method
means the employer
has assumed the right to tell the person how to perform all
details of the job, including the tools he should use and
the procedures he
should follow.
***
In support of its motion for summary judgment, Coastal
presented the af�idavit of Dr. Johnson and a copy of its
agreement with him. In the
af�idavit, Dr. Johnson stated that he would inform Coastal of
the times he was available to work in the Fairview hospital
emergency room,
11. that Coastal had the right to schedule him to work only at
those times, and that Coastal never attempted to schedule
him for work at a
time not designated by him. He further stated that Coastal
had no right, and never attempted, to control the manner or
method by which
he diagnosed or treated patients in the emergency room.
***
The contract between Dr. Johnson and Coastal, entitled
Independent Contractor (Physician) Agreement, supports Dr.
Johnson's af�idavit.
The contract speci�ically provides that each month Dr.
Johnson shall notify Coastal of the days and hours that he
is available to work in the
emergency room, and that Coastal will schedule him to work
based on his noti�ication of availability. Moreover, the
contract provides that
Dr. Johnson shall act as an independent contractor practicing
his profession of medicine, and that Coastal shall have no
control over the
manner or method by which he performs his professional
medical practice.
Because the evidence unquestionably shows that Coastal did
not control the time, manner or method of Dr. Johnson's
work, the trial court
correctly concluded that he is an independent contractor, and
that Coastal cannot be held liable for his acts. We therefore
af�irm the trial
court's grant of summary judgment to Coastal.
Read the full text of the case here
(http://caselaw.�indlaw.com/ga-court-of-
appeals/1216436.html) .
12. http://caselaw.findlaw.com/ga-court-of-appeals/1216436.html
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Questions to Consider
1. What type of employee did the court decide Dr. Johnson
was?
2. What were the factors the court considered in deciding
the type of employee he was?
3. What was the signi�icance of Dr. Johnson being an
independent contractor as opposed to an employee?
What would happen if an employee were asked to "switch
roles" at the place of employment? Would he or she still
be considered an employee in the
"new role"? In the following case, the plaintiff, a secretary
at Sea World, was asked to put on a bikini and ride Shamu
the whale for some publicity photos.
When the whale bit her, she argued that she was not an
employee, thus hoping to be able to sue the employer for
her injuries.
Cases to Consider: Eckis v. Sea World
Eckis v. Sea World, 64 Cal. App. 3d 1 (1976)
Plaintiff was trained for the ride by Sea World trainers in
13. the tank at Sea World during normal of�ice working hours.
First she practiced
riding Kilroy, a smaller, more docile whale, while wearing a
bathing suit. During her one practice session on Shamu, she
wore a wetsuit, fell
off, but swam to the edge of the tank without incident. On
April 19, plaintiff became apprehensive for the �irst time
when one of Sea
World's trainers said he was not going to watch her ride
Shamu because it was "really dangerous." Plaintiff then
went to Burgess and told
him of her concern. He told her not to worry, said there
was nothing to be concerned about, and that the ride was
"as safe as it could be."
He still did not tell her about the problems they had been
having with Shamu or about the earlier incidents involving
Richards and the
swimsuit model. Thus reassured, plaintiff, wearing a bikini
Sea World had paid for, then took three rides on Shamu.
During the second ride
one of the trainers noticed Shamu's tail was �luttering, a
sign the animal was upset. During the third ride plaintiff
fell off when Shamu
refused to obey a signal. Shamu then bit her on her legs
and hips and held her in the tank until she could be
rescued.
Plaintiff suffered 18 to 20 wounds which required from
100 to 200 stitches and left permanent scars. She was
hospitalized �ive days and
out of work several weeks. She also suffered some
psychological disturbance. Sea World paid all her medical
expenses and continued to
pay her salary as usual during this period. On advice of
her counsel, she �iled this civil action and a workers'
compensation claim.
14. When an employee's injuries are compensable under the
Workers' Compensation Act, the right of the employee to
recover the bene�its
provided by the Act is his exclusive remedy against the
employer, with exceptions not applicable here[. L]iability of
the employer to pay
compensation under the Act, "in lieu of any other liability
whatsoever," attaches: "(b) Where, at the time of the injury,
the employee is
performing service growing out of and incidental to his
employment and is acting within the course of his
employment," and "(c) Where
the injury is proximately caused by the employment, either
with or without negligence."
***
The undisputed evidence shows: at the time she was
injured[,] plaintiff was an employee of Sea World; she
was injured on the employer's
premises during what were her regular working hours; she
was injured while engaging in an activity which her
employer had requested
her to perform and for which it had provided her with the
training and the means to perform; in riding Shamu the
Whale for publicity
pictures, plaintiff was not engaged in an activity which was
personal to her, but rather one which was related to,
furthered, and bene�ited
the business of her employer.
Where, as here, an employee is injured on the employer's
premises during regular working hours, when the injury
occurs while the
employee is engaged in an activity which the employer
15. has requested her to undertake, and when the injury-
causing activity is of service
to the employer and bene�its the employer's business, the
conditions imposing liability for compensation under are
met as a matter of law,
and it is immaterial that the activity causing the injury was
not related to the employee's normal duties or that the
circumstances
surrounding the injury were unusual or unique.
Since the undisputed evidence established that plaintiff 's
injuries were compensable under the Workers'
Compensation Act, the trial court
should have granted Sea World's motion for judgment
notwithstanding the verdict. (Thereby establishing that she
was 'within the scope of
employment' and that she was an employee[,] thus making
the only payment available to her for her injuries that of
workers'
compensation.)
Read the full text of the case here
(http://www.lawlink.com/research/caselevel3/53160) .
Questions to Consider
1. What was the employee attempting to argue before the
court and why?
2. Did she succeed? Why or why not?
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Employment Relationships
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llation/book/AUBUS670.12.2/{pdfs}ch21.pdf)
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21.2 Respondeat Superior and Negligent Hiring
If the employee is in fact working for the employer, and
is working "within the scope of employment," then the
employer will be liable to third parties for
the torts of his or her employee under the doctrine of
respondeat superior. In addition, an employer may also
be liable to third parties under another
theory: that of negligent hiring. In these cases, the employee
does not necessarily commit a tort, but rather may engage in
activity that is tortuous or
criminal. The theory of liability is based on the argument
that the employer knew or should have known that the
17. employee was somehow dangerous or
incompetent when hired, and thus, the employer should be
held responsible. Those concepts are illustrated in the case
that follows.
Cases to Consider: Malorney v. B&L Motor Freight,
Inc.
Malorney v. B&L Motor Freight, Inc., 146 Ill. App.3d
265, 496 N.E.2d 1086 (1986)
Edward Harbour applied for a position of over-the-road
driver with defendant B&L. On the employment application,
Harbour was
questioned as to whether he had any vehicular offenses or
other criminal convictions. His response to the vehicular
question was veri�ied
by B&L; however, his negative answer regarding criminal
convictions was not veri�ied by B&L. In fact, Harbour had
a history of convictions
for violent sex-related crimes and had been arrested the
year prior to his employment with B&L for aggravated
sodomy of two teenage
hitchhikers while driving an over-the-road truck for another
employer. Upon being hired by B&L, Harbour was given
written instructions
and regulations, including a prohibition against picking up
hitchhikers in a B&L truck.
Subsequently, on January 24, 1978, at an Indiana toll-road
plaza, Harbour picked up plaintiff Karen Malorney, a 17-
year-old hitchhiker. In
the sleeping compartment of his truck, he repeatedly raped
and sexually assaulted plaintiff, threatened to kill her, and
viciously beat her.
After being released, plaintiff noti�ied police. Harbour was
18. arrested, convicted, and sentenced to 50 years with no
parole.
Plaintiff 's complaint charges defendant B&L with
recklessness and willful and wanton misconduct in
negligently hiring Harbour as an over-
the-road driver without adequately checking his background
and providing him a vehicle with a sleeping compartment.
Plaintiff seeks
compensatory and punitive damages from B&L.
Defendant B&L �iled a motion for summary judgment
contending that it had no duty to verify Harbour's negative
response to the question
regarding criminal convictions. In denying defendant's
motion, the trial court found that (1) Harbour was hired as
an over-the-road driver
and furnished with a truck equipped with sleeping quarters;
(2) B&L instructed Harbour not to pick up hitchhikers; and
(3) it is common
knowledge that hitchhikers frequent toll plazas which would
show that B&L knew drivers are prone to give rides to
hitchhikers. The court
concluded that these facts show that B&L had a duty to
check Harbour's criminal background and certi�ied the issue
for interlocutory
appeal.
Defendant argues that it had no duty to investigate
Harbour's nonvehicular criminal background nor to verify
his denial thereof because
of a lack of foreseeability that he would use the truck to
pick up and sexually assault a hitchhiker. To impose such a
duty would be against
public policy by placing too great a burden on employers.
On the other hand, plaintiff posits the argument that factual
19. issues exist which
preclude summary judgment and require a jury
determination. We agree and must af�irm the trial court for
the following reasons.
Defendant correctly argues that the existence of a duty is a
question of law to be determined by the court, rather than
by the fact�inder.
However, once a duty has been found, the question of
whether the duty was properly performed is a fact question
to be decided by the
trier of fact, whether court or jury.
The existence of a legal duty is not dependent on
foreseeability alone, but includes considerations of public
policy and social requirements.
In Illinois, two duties, among others not pertinent here, are
imposed by law on owners of vehicles who permit or hire
other persons to
drive on our highways. The �irst duty requires that the
degree of care which an owner should exercise in
selecting a driver is that which a
reasonable person would exercise under the circumstances.
An owner or employer also owes a duty in connection
with the entrustment of
vehicles to others. In other words, a vehicle owner has a
duty to deny the entrustment of a vehicle to a driver it
knows, or by the exercise
of reasonable diligence could have known, is incompetent.
In addition to these duties, it is well settled in Illinois that
a cause of action
exists against an employer for negligently hiring a person
the employer knew, or should have known, was un�it for
the job.
B&L contends that a reasonable and prudent motor carrier
could not foresee that one of its drivers would rape and
20. assault a hitchhiker.
The court in Neering v. Illinois Central R.R. Co. in
discussing foreseeability stated that the ultimate injury must
be the natural and probable
result of the negligent act or omission such that an ordinary
and prudent person ought to have foreseen as likely its
occurrence as a
result of the negligence. It is not essential that one should
have foreseen the precise injury which resulted from the
act or omission. This
interpretation thus requires an employer to exercise that
degree of care reasonably commensurate with the perils
and hazards likely to be
encountered in the performance of an employee's duty, i.e.,
such care as a reasonably prudent person would exercise in
view of the
consequences that might reasonably be expected to result if
an incompetent, careless, or reckless agent were employed
for a particular
duty.
Applying these principles to the present case, it is clear
that B&L had a duty to entrust its truck to a competent
employee �it to drive an
over-the-road truck equipped with a sleeping compartment.
Lack of forethought may exist where one remains in
voluntary ignorance of
facts concerning the danger in a particular act or
instrumentality, where a reasonably prudent person would
become advised, on the
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theory that such ignorance is the equivalent of negligence.
Bearing in mind the facts that B&L gave Harbour an over-
the-road vehicle with
a sleeping compartment and that B&L probably knew, or
should have known, that truckers are prone to give rides to
hitchhikers despite
rules against such actions, the question now becomes one of
fact—whether B&L breached its duty to hire a competent
driver who was to
be entrusted with a B&L over-the-road truck.
Regarding defendant's public-policy argument, there is no
evidence in the record to justify the contention that the
cost of checking on the
criminal history of all truck-driver applicants is too
expensive and burdensome when measured against the
potential utility of doing so.
Finally, we note that a question of foreseeability is at times
a question for the court and at times, if varying inferences
are possible, a
question for the jury. In the present case, B&L did have a
duty to check into Harbour's background so as to ascertain
whether he would
be a �it employee. Based on the circumstances of this
case, it is apparent that reasonable persons could arrive at
different conclusions as
to whether B&L used due care in the performance of this
duty when it employed Harbour. Questions which are
composed of such
qualities suf�icient to cause reasonable persons to arrive at
different results should never be determined as matters of
law. Questions of
negligence, due care, and proximate cause are questions of
22. fact to be determined by the fact�inder.
In af�irming the trial court's denial of summary judgment,
we are not expressing any opinion as to the resolution of
the facts in this case.
Plaintiff has the heavy burden of proving that defendant
B&L negligently performed a duty it owed her in
entrusting Harbour with an
over-the-road truck, and if negligence is found, that it
proximately caused her injury. These questions, including
the issue of whether
defendant negligently hired Harbour by not checking his
criminal background, are questions for the trier of fact and
become a question of
law only when the ultimate facts have been determined by
the fact�inder.
Read the full text of the case here
(http://scholar.google.com/scholar_case?case=4195436759
662276740&hl=en&as_sdt=2&as_vis=1&oi=scholarr) .
Questions to Consider
1. What duty did the court say B&L had with regard to
checking the background of its driver?
2. What argument did the company make about not checking
backgrounds? What do you think about this argument?
3. Did the plaintiff win this case? What yet needs to be
determined, and how will that occur?
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21.3 Rights and Responsibilities of Employers
and Employees
As a manager, it is sometimes dif�icult to discern what law
governs your relationship with employees—state law,
federal law, or contract law. In this
section, we explore the various laws that govern the
formation of the relationship between the employer and
employee, and some of the attendant rights
and responsibilities that �low from that relationship.
Based on Contract Law
At common law, the precise rights and responsibilities of
the employer and employee were almost exclusively
dictated by general agency law and the
employment contract (see Chapter 27
(http://content.thuzelearning.com/books/AUBUS670.12.2/s
ections/sec27.1#sec27.1) , Principal–Agency Law, for a
discussion of this concept). Although other factors come
into play today, the employment contract is still of critical
importance in determining the rights
and responsibilities of the parties. Parties are free to
de�ine the nature of the employment relationship through
oral or written contracts as long as these
do not con�lict with federal or state law. The length of
employment, precise duties of the employee, compensation,
and bene�its package are all typically
de�ined in the employment contract. In most cases, the
employer as offeror of the employment contract de�ines
these terms, and the employee as offeree
24. either accepts or rejects the offer on the employer's terms.
Employees can, of course, bargain for better terms than
those the employer is offering, but
many employees in reality have little bargaining power,
especially in tight job markets or in positions requiring
few specialized skills.
Based on Stateand Federal Law
To a large extent, the efforts of both the federal and state
governments to regulate labor law through legislation can
be seen as an effort to level the
playing �ield between employers and employees. These
efforts have tried to set limits on the terms that employers
(and, to a lesser extent, unions) may
impose on employees through the employment contract. The
remainder of this chapter will spotlight a cross section of
salient legislative efforts in the area
of business law. These will give you an overview of the
limits that have been placed on employers in dictating the
terms of employment for their
employees. Keep in mind from this point on that
employment is still employment at will (at least
technically), which is to say that employers and
employees are free to negotiate the terms of employment
within the boundaries of the law. Also, the employer or
employee may generally unilaterally
terminate any employment contract that does not have a
�ixed duration at any time, with or without just cause, as
long as no federal or state law is
violated by the termination.
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Courtesy Everett Collection
The National Labor Relations Act of 1935 gave labor
unions unprecedented rights to organize, bargain,
and
strike.
21.4 Governmental Regulation of Labor–Management
Relations
From the workers' perspective, the history of labor–
management relations in the United States through the
�irst three decades of the 20th century was
not auspicious. For example, there was no formal protection
for workers' rights to form unions or bargain collectively
with management. While these
rights had been long recognized in Europe (where a
greater emphasis on workers' rights had been, and remains,
a focal point of industrialized
democracies), in the United States, most organized labor
activities were deemed to violate either criminal or civil
laws. The mere act of joining a union
could (and often did) result in termination of an employee.
Likewise, employees who banded together and instituted
boycotts or strikes against an
employer could be prosecuted for criminal antitrust
violations under the 1914 Clayton Act, which made all
conspiracies to restrain trade or interfere with
commerce illegal. Organizers of boycotts or strikes could
also be sued in many states for civil damages under a tort
theory such as "willful interference
26. with contract rights."
Most state courts readily granted injunctions at
management's request preventing employees from engaging
in illegal boycotts, as did the federal courts
prior to the Norris–La Guardia Act of 1932. In
addition, because a worker had no protected right to join a
union or to engage in collective bargaining,
employers were free to insist on including a clause in
employment contracts that prevented employees from ever
joining a union as a condition of being
hired. These contractual provisions, which came to be known
as "yellow dog contracts" by union sympathizers, were
usually enforced by the courts and
served to effectively deny workers the ability to unionize
or bargain collectively with employers. By 1932, the
political climate had begun to change, and
what had been very effective roadblocks to the labor
movement were slowly removed through a series of acts
passed by Congress. These acts granted
some measure of protection to workers and curtailed the
most egregious abuses of power by management.
Norris–La Guardia Act of 1932
The Norris–La Guardia Act of 1932 accomplished two
important goals:
Declaring agreements prohibiting workers from joining
unions as a condition of being hired (yellow dog contracts)
illegal, as against public policy, and
unenforceable; and
Restricting the power of federal judges to issue injunctions
against union boycotts.
27. While the act did not prevent employers from seeking
injunctive relief against employee boycotts in state courts,
many states eventually also prevented
their courts from issuing such injunctions.
National Labor Relations Act of 1935
The National Labor Relations Act of 1935 (also known
as the Wagner Act) granted employees several new rights:
to organize, to bargain collectively
through representatives of their own choosing, and to
engage in activities for the purpose of collective
bargaining or other mutual aid or protection. The
act also prohibited �ive unfair labor practices by
employers:
1. Interference with attempts of employees to unionize or
join unions;
2. Dominating or interfering with the formation or
administration of any labor union or the
contribution of �inancial or other support to it;
3. Discriminating in hiring, tenure of employment, or any
term or condition of employment to
encourage or discourage membership in any labor
organization;
4. Discharging or discriminating against an employee for
�iling charges or giving testimony under the
act; and
5. Refusing to bargain collectively with the chosen
representatives of the employees.
The act also made unlawful closed shop agreements
28. that require employers to hire only union
workers. Unionshop agreements, whereby employees need not
be union members when hired but
must join the union after being hired, were not made illegal
by the act, however. In addition, the act
established the National Labor Relations Board
(NLRB) to hear and adjudicate complaints from
employees about employers' unfair labor practices. NLRB
decisions on such matters are automatically
reviewed by district courts of appeal, which issue orders of
enforcement if they concur with the
�indings of the NLRB.
Fair Labor Standards Act of 1938
The Fair Labor Standards Act of 1938 established for
the �irst time minimum wage and maximum
hours provisions. The act set the maximum workweek at 44
hours for the �irst year after its adoption,
42 hours after one year, and 40 hours per week thereafter,
requiring employers to pay all hourly
employees time and a half (overtime pay) for any work
required beyond the stated maximum.
(Executive, administrative, and professional employees are
exempt.) The act also set minimum wage
provisions on a sliding scale that were set to increase from
$0.25 per hour for the �irst year, $0.30 per
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29. hour for the next six years, and $0.40 per hour thereafter.
The minimum wage requirements have
been raised periodically thereafter, starting with an increase
to $0.75 per hour in 1949. As of 2012, the federal
minimum wage stands at $7.25 per hour,
although many states set theirs higher (e.g., Washington
state, at $9.04 per hour) while some set theirs lower (e.g.,
Minnesota, at $5.25–$6.15 per hour).
See the U.S. Department of Labor Wage and
HourDivision website
(http://www.dol.gov/whd/minwage/america.htm) for an
interactive map of state rates.
There are exceptions to the minimum wage standards,
however. A lower minimum wage can legally be paid to
certain workers:
Full-time students employed in retail or service stores,
agriculture, or colleges and universities can be paid not
less than 85% of the current minimum
wage, provided that the employer obtains a certi�icate from
the Department of Labor and the student works a maximum
of eight hours per day and
not more than 20 hours per week during the school year,
and not more than 40 hours per week when classes are not
in session;
Workers under the age of 20 can be paid any wage above
$4.25 per hour for the �irst 90 calendar days after they
are employed; and
Workers who work in jobs where they earn tips and make
at least $30 in tips per month can also be paid less than
the prevailing federal minimum
wage, but not less than $2.13 per hour as of March 2011,
as long as the employee earns at least the federal minimum
30. wage when the tips are added
to the sub–minimum wage hourly rate.
Therefore, an employee who works at a restaurant and earns
$15 per hour in tips needs only be paid $2.13 per hour
in wages by the employer, but an
employee who works at a car wash 40 hours per week and
earns $40 per week in tips must be paid a minimum of
$6.25 in hourly wages (the hourly
wage plus the tips must at least equal the minimum wage).
The Fair Labor Standards Act also requires nonexempt
workers to be paid time and a half for overtime
work after 40 hours per week. There is no
maximum number of hours that an employer can ask an
employee to work each week as long as time and a half is
paid after 40 hours. And employees
may be asked to work more than eight hours per day
without overtime as long as the weekly total does not
exceed 40 hours. An employee who is
required to work for 12 hours on Mondays, Wednesdays,
and Thursdays and four hours on Sundays is not entitled
to overtime pay under the federal law.
Labor Management Relations Act of 1947
The LaborManagement Relations Act of 1947 (also known
as the Taft–Hartley Act) essentially modi�ied the 1935
National Labor Relations Act (the
Wagner Act) in a number of signi�icant ways. Chief
among these modi�ications is the extension of unfair
labor practices to unions as well as to employers.
The act makes it an unfair labor practice for unions to
engage in the following three prohibited activities:
1. Coercing or restraining employees in their choice of a
31. union to represent them, or coercing or restraining
employers in the choice of their own
bargaining representatives;
2. Compelling an employer to �ire an employee in a
union shop for other than nonpayment of dues; and
3. Refusing to bargain in good faith.
The act has also given the president the right to seek an
injunction to force striking workers back to the job for a
period of up to 60 days in strikes that
in his or her view imperil national health or safety. If the
dispute is not settled during the 60-day cooling-off period,
the president can ask for a 20-day
extension of the injunction if the strike threatens to
become a national emergency.
Labor Management Reporting and Disclosure Act of
1959
The LaborManagement Reporting and Disclosure Act of
1959 (also known as the Landrum–Grif�in Act), like
the Labor Management Relations (Taft–
Hartley) Act before it, further modi�ied the National Labor
Relations (Wagner) Act of 1935. It did so primarily by
tightening up control of unions' internal
affairs.
The act imposed �iduciary duties on union leadership
and provided for criminal punishment of union of�icials
who violated the trust of their of�ice. It
imposed federal monitoring of unions' �inancial status and,
for the �irst time, required unions to report both to the
federal government and to their
members how union funds are used. The act also regulated
32. union elections, including instituting the requirement that
union elections be held through
secret ballots. Further, the act extended protection to union
members who state their opposition to union leadership or
policies, making it illegal for the
union to punish such dissenting members. Finally, the act
required unions to provide members with copies of
collective bargaining agreements and to
make their members aware of their rights under the act.
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21.5 Additional Federal Regulations Affecting
Employment
Hundreds of laws pertain to how managers must treat
employees—from labor laws to antidiscrimination laws
(which will be discussed in detail in
Chapters 22–26). In this section, we will review a few of
the most signi�icant laws governing the regulation of
employees and employers by the federal
and state governments.
Unemployment Benefits
The Social Security Act of 1935 provides the
framework for unemployment compensation that is funded
through mandatory contributions by employers
and employees. The unemployment insurance provisions of
the act are administered by state agencies and coordinated
33. by the federal government.
Requirements for eligibility of bene�its, duration of
bene�its, and the amount of bene�its payable are
controlled by local laws, though states tend to adopt
similar regulations in these areas. Railroad workers, farm
workers, domestic workers, and federal workers are not
covered under the act, although
railroad and federal employees have coverage under
separate federal legislation.
In general, employees must work a minimum number of
weeks per calendar year to be eligible for coverage, and
only employees who are dismissed from
their jobs without just cause are entitled to receive
bene�its; employees who quit a job out of choice are not
eligible for unemployment insurance, nor are
employees who are �ired for wrongful conduct, such as
embezzlement or illegal drug use on the job.
Health and Safety
Congress passed the Occupational Safety and Health
Act of 1970 to ensure employee health and safety
on the job. Under the act, the secretary of labor
is given responsibility for promulgating standards for
ensuring workers' health and safety on the job, as well as
the power to enforce these standards in
the courts.
The act imposes on employers a duty to furnish a
workplace to all employees free from recognized hazards
that are likely to cause death or serious
injury. Employers are also required to keep records of all
occupational injuries or illnesses that result in death, loss of
consciousness, the loss of one or
more workdays, or medical treatment other than �irst aid.
34. The act created a dedicated agency within the Department
of Labor, the Occupational Safety and Health Administration
(OSHA), to handle matters relating
to administering and enforcing the act. The agency is
charged with conducting safety inspections of workplaces
with a poor safety record and with forcing
compliance with the act through the courts when employers
do not voluntarily resolve safety or health problems it
identi�ied. OSHA also investigates
allegations of safety or health violations at the request of
employees. These employee "whistleblowers" are protected
against reprisals for making such
allegations or otherwise asserting their rights under the
act. Individual state laws also protect whistleblowers to
varying extents.
Illegal Immigration
The Immigration Reform and Control Act of 1986 is
one of the major pieces of legislation affecting employers.
Under this federal law, employers must
keep detailed records of employees (including their
immigration status) or risk signi�icant monetary sanctions.
On the one hand, employers violate the act
if they knowingly hire non–U.S. citizens who are not
authorized to work in the United States. On the other hand,
that requirement must be balanced
against the requirement that employers with four or more
employees cannot discriminate on the basis of citizenship
status (antidiscrimination law will be
covered in Chapters 22–26). For example, an employer who
hires only U.S. citizens but refuses to hire green card
holders could be guilty of such
discrimination. Additionally, employers need to be careful
about "document abuse," which can include requiring an
35. employee or potential hire to produce
more documents than the law requires.
Workers' Compensation
Every state has adopted a workers' compensation statute
that provides compensation for employees for job-related
injuries. (For more on this topic, go to
Chapter 5
(http://content.thuzelearning.com/books/AUBUS670.12.2/s
ections/sec5.3#sec5.3) , Administrative Law, section on
state agencies.) Coverage varies
from state to state: Some states limit coverage to
employees engaged in manual labor, while others cover
nearly all employees regardless of the nature of
the employment. Covered employees who suffer injuries
arising from the course of their employment are guaranteed
compensation for their loss as well
as payment of medical bills. However, they give up the
right to sue the employer under a tort or contract theory
for damages resulting from the illness or
injury. States generally limit damages recoverable by injured
employees to statutorily provided amounts that are modest
when compared with jury awards
for similar tort injuries.
States' workers' compensation statutes thus provide some
measure of protection to employees who suffer injuries on
the job by guaranteeing them
prompt medical care at no cost to them (even if the injury
was caused by their own negligence). At the same time,
they serve to effectively limit the
common law rights of employees to later sue the employer
for damages arising from the same injury.
Pension and Health Plans
36. Employers are not generally required to provide retirement
plans or health plans to employees. If they choose to do
so, however, these private retirement
and health plans are covered by the Employment
Retirement Income Security Act of 1974
(ERISA), which sets standards for most retirement and
health plans that are voluntarily provided in the private
sector. The act requires employers to provide basic
information about health and retirement plans
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to employees, including a summary of bene�its under these
plans and information on how they operate, as well as a
yearly annual report summary
covering the plans' assets. The same information, along with
a full annual report detailing plan assets, must also be �iled
with the Department of Labor.
The act goes further by imposing �iduciary responsibilities
on plan administrators.
The Consolidated Omnibus Budget Reconciliation Act of
1985 (COBRA) amended ERISA. COBRA provides
workers and their families who lose their
health bene�its (due to a qualifying event) the right to
choose to continue group health bene�its provided by
their group health plan for a limited period
37. of time. A qualifying event is de�ined as follows:
For an individual:
Voluntary or involuntary termination of employment other
than for gross misconduct; or
The loss of eligibility for health coverage owing to a
reduction in work hours that makes the employee ineligible
for coverage (e.g., going from full-
time to part-time employment status if only full-time
employees are offered health coverage by the employer).
For a dependent of a covered employee:
The divorce of a spouse;
The death of the covered employee; or
The loss of coverage by a dependent child who loses
dependent status under the plan (e.g., because he or she
turns 26, an age established by the
Patient Protection and Affordable Care Act of 2010).
Quali�ied individuals who avail themselves of a temporary
COBRA extension of coverage may be required to pay
102% of the employer's group premium
for health care on a continuous basis. Thus, if the
employee paid $200 per month and the employer paid
$800 per month for health coverage for the
employee and his family, the employee could be asked to
pay $1,020 per month for COBRA coverage (102% of the
employer and employee contribution).
COBRA temporary coverage is generally available if the
employer sponsored a health plan for 20 or more
employees in the prior year. COBRA applies to
38. private sector employers and to state and local governments
that provide health insurance to their employees. COBRA
continuation coverage may
generally be maintained for up to 18 months.
The Health Insurance Portability and Accountability
Act of 1996 (HIPAA) provided another signi�icant
amendment to ERISA. The act protects
individuals and families covered by group health plans
from being excluded from coverage for preexisting medical
conditions when employees change
health plans. HIPAA generally limits the maximum period
for excluding preexisting conditions from coverage to 12
months from an individual's enrollment
date (18 months for late enrollees). Also, HIPAA protects
employees who change jobs by requiring a new employer's
plan to give individuals credit for the
length of time they had prior to continuous health
coverage (without a break in coverage of 63 days or more)
to reduce or eliminate the exclusion period.
Therefore, employees who had health insurance coverage
for the 12 months immediately preceding the start of a
new job with no break in coverage
greater than 63 days will have 12 months of credit toward
the exclusionary period and will qualify for preexisting-
condition coverage on the date they
enroll in the new plan.
With the advent of the Patient Protectionand Affordable
Care Act (also known as the ACA, or ObamaCare),
which is set to fully go into effect in 2014,
insurance companies will not be able to discriminate against
people with preexisting conditions; that is, they will no
longer be able to deny anyone health
coverage on the basis of previous medical history. Also,
employers with more than 50 employees will be required
39. to offer health insurance coverage to
their full-time employees or pay a $2,000 per worker
penalty (after the �irst 30 workers) to the government.
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Key Terms
Click on each key term to see the de�inition.
agency law
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ns/fm/books/AUBUS670.12.2/sections/fm/books/AUBUS670.12.
2/sections/fm/books/AUBUS670.12.2/section
The body of law governing the formation, termination, and
existence of principals and agents.
agent
(http://content.thuzelearning.com/books/AUBUS670.12.2/sectio
ns/fm/books/AUBUS670.12.2/sections/fm/books/AUBUS670.12.
2/sections/fm/books/AUBUS670.12.2/section
A special type of employee, contractor, or third party who
has the power to enter into contracts on behalf of the
employer.
Clayton Act (1914)
(http://content.thuzelearning.com/books/AUBUS670.12.2/sectio
ns/fm/books/AUBUS670.12.2/sections/fm/books/AUBUS670.12.
40. 2/sections/fm/books/AUBUS670.12.2/section
An act of Congress that made all conspiracies to restrain
trade or interfere with commerce illegal.
closed shop agreement
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ns/fm/books/AUBUS670.12.2/sections/fm/books/AUBUS670.12.
2/sections/fm/books/AUBUS670.12.2/section
One that requires employers to hire only union workers for
that site.
collective bargaining
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ns/fm/books/AUBUS670.12.2/sections/fm/books/AUBUS670.12.
2/sections/fm/books/AUBUS670.12.2/section
The negotiation of employment-related matters between
employers and employees using an agent designated by the
majority of employees, e.g., a
union representative.
Consolidated Omnibus Budget Reconciliation Act of
1985 (COBRA)
(http://content.thuzelearning.com/books/AUBUS670.12.2/sectio
ns/fm/books/AUBUS670.12.2/sections/fm/books/AUBUS670.12.
2/sections/fm/books/AUBUS670.12.2/section
Amended ERISA to provide workers and their families
who lose their health bene�its owing to a qualifying
event the right to choose to continue
group health bene�its provided by their group health plan
for a limited period of time.
employee
41. (http://content.thuzelearning.com/books/AUBUS670.12.2/sectio
ns/fm/books/AUBUS670.12.2/sections/fm/books/AUBUS670.12.
2/sections/fm/books/AUBUS670.12.2/section
A worker that the employer characteristically directs in
terms of hours, manner of doing the job, and location of
work.
employment at will
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ns/fm/books/AUBUS670.12.2/sections/fm/books/AUBUS670.12.
2/sections/fm/books/AUBUS670.12.2/section
A work relationship that may be terminated by either party
at any time and for any reason as long as the reason is
not based on a protected area
of discrimination.
employment contract
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ns/fm/books/AUBUS670.12.2/sections/fm/books/AUBUS670.12.
2/sections/fm/books/AUBUS670.12.2/section
A document that determines the rights and responsibilities
of the parties; can be oral or written and must not con�lict
with federal or state law.
Employment Retirement Income Security Act of
1974 (ERISA)
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ns/fm/books/AUBUS670.12.2/sections/fm/books/AUBUS670.12.
2/sections/fm/books/AUBUS670.12.2/section
Sets standards for most retirement and health plans
voluntarily administered by employers in the private
sector.
42. exempt employees
(http://content.thuzelearning.com/books/AUBUS670.12.2/sectio
ns/fm/books/AUBUS670.12.2/sections/fm/books/AUBUS670.12.
2/sections/fm/books/AUBUS670.12.2/section
Under the Fair Labor Standards Act, employees who do
not receive overtime pay (time and a half of their hourly
wage), including executive,
administrative, and professional workers.
Fair Labor Standards Act of 1938
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ns/fm/books/AUBUS670.12.2/sections/fm/books/AUBUS670.12.
2/sections/fm/books/AUBUS670.12.2/section
Sets minimum wage and hour standards.
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books/AUBUS670.12.2/sections/fm/books/AUBUS670.12.2/sect
ions/fm/books/AUBUS670.12.2/sections/fm/books/AUBUS670.
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ons/fm/books/AUBUS670.12.2/sections/fm/books/AUBUS670.1
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70.12.2/sections/fm/books/AUBUS670.12.2/sections/fm/books/
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ections/fm/books/AUBUS670.12.2/sections/fm/books/AUBUS67
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A self-employed worker who is not an employee but who
is typically hired to work one job for one-time payment,
provides his or her own tools
and equipment, and is not under the close supervision of
the employer.
Labor Management Relations Act of 1947
(http://content.thuzelearning.com/books/AUBUS670.12.2/sectio
ns/fm/books/AUBUS670.12.2/sections/fm/books/AUBUS670.12.
2/sections/fm/books/AUBUS670.12.2/section
Modi�ied the National Labor Relations Act of 1935 by
forbidding unions to engage in unfair labor practices.
Labor Management Reporting and Disclosure Act of
1959 (Landrum–Grif�in Act)
(http://content.thuzelearning.com/books/AUBUS670.12.2/sectio
ns/fm/books/AUBUS670.12.2/sections/fm/books/AUBUS670.12.
2/sections/fm/books/AUBUS670.12.2/section
Further modi�ied the National Labor Relations Act of
1935, primarily by tightening up control of unions' internal
affairs.
master
(http://content.thuzelearning.com/books/AUBUS670.12.2/sectio
ns/fm/books/AUBUS670.12.2/sections/fm/books/AUBUS670.12.
2/sections/fm/books/AUBUS670.12.2/section
An employer who has an employee who commits a tort.
National Labor Relations Act of 1935 (Wagner Act)
51. (http://content.thuzelearning.com/books/AUBUS670.12.2/sectio
ns/fm/books/AUBUS670.12.2/sections/fm/books/AUBUS670.12.
2/sections/fm/books/AUBUS670.12.2/section
Granted employees the rights to organize, to bargain
collectively through representatives of their own choosing,
and to engage in activities for the
purpose of collective bargaining or other mutual aid or
protection; also prohibited �ive unfair labor practices by
employers.
National Labor Relations Board (NLRB)
(http://content.thuzelearning.com/books/AUBUS670.12.2/sectio
ns/fm/books/AUBUS670.12.2/sections/fm/books/AUBUS670.12.
2/sections/fm/books/AUBUS670.12.2/section
A government body established by the Wagner Act to hear
and adjudicate complaints from employees about employers'
unfair labor practices.
negligent hiring
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ns/fm/books/AUBUS670.12.2/sections/fm/books/AUBUS670.12.
2/sections/fm/books/AUBUS670.12.2/section
If an employer is grossly negligent for the acts of an
employee, in some states, a court might add liability for the
fact that the employer hired the
person in the �irst place.
nonexempt employees
(http://content.thuzelearning.com/books/AUBUS670.12.2/sectio
ns/fm/books/AUBUS670.12.2/sections/fm/books/AUBUS670.12.
2/sections/fm/books/AUBUS670.12.2/section
Under the Fair Labor Standards Act, those who must be
52. paid overtime (time and a half of their hourly wage) after
working 40 hours per week.
Norris–La Guardia Act of 1932
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ns/fm/books/AUBUS670.12.2/sections/fm/books/AUBUS670.12.
2/sections/fm/books/AUBUS670.12.2/section
Made illegal an agreement that prohibits workers from
joining unions as a condition of being hired and restricted
the power of federal judges to
issue injunctions against union boycotts.
Occupational Safety and Health Act of 1970
(http://content.thuzelearning.com/books/AUBUS670.12.2/sectio
ns/fm/books/AUBUS670.12.2/sections/fm/books/AUBUS670.12.
2/sections/fm/books/AUBUS670.12.2/section
Regulates employee health and safety on the job; sets
standards for worker safety.
Patient Protectionand Affordable Care Act (ACA, or
"ObamaCare")
(http://content.thuzelearning.com/books/AUBUS670.12.2/sectio
ns/fm/books/AUBUS670.12.2/sections/fm/books/AUBUS670.12.
2/sections/fm/books/AUBUS670.12.2/section
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books/AUBUS670.12.2/sections/fm/books/AUBUS670.12.2/sect
ions/fm/books/AUBUS670.12.2/sections/fm/books/AUBUS670.
12.2/sections/fm/books/AUBUS670.12.2/sections/fm/books/AU
BUS670.12.2/sections/fm/books/AUBUS670.12.2/sections/fm/b
ooks/AUBUS670.12.2/sections/fm/books/AUBUS670.12.2/secti
ons/fm/books/AUBUS670.12.2/sections/fm/books/AUBUS670.1
2.2/sections/fm/books/AUBUS670.12.2/sections/fm/books/AUB
US670.12.2/sections/fm/books/AUBUS670.12.2/sections/fm/boo
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Sweeping health care reform law passed by Congress in
2010 that is set to fully go into effect in 2014. Under its
terms, insurance companies will
not be able to deny anyone health coverage on the basis
of previous medical history. Also, individual citizens will be
required to purchase health
insurance, and employers with more than 50 employees
will be required to offer health insurance coverage to their
employees or face penalties.
principal
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ns/fm/books/AUBUS670.12.2/sections/fm/books/AUBUS670.12.
2/sections/fm/books/AUBUS670.12.2/section
The name given to an employer who has a special type of
employee called an agent.
qualifyingevent
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2/sections/fm/books/AUBUS670.12.2/section
Under COBRA, the loss of a job or reduction of hours
making an employee (or dependents) ineligible for
employer group health bene�its.
respondeat superior
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61. ns/fm/books/AUBUS670.12.2/sections/fm/books/AUBUS670.12.
2/sections/fm/books/AUBUS670.12.2/section
The legal theory that employers (masters) are liable for the
torts committed by their employees (servants) as long as
the servant is an employee
and is within the scope of employment.
servant
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ns/fm/books/AUBUS670.12.2/sections/fm/books/AUBUS670.12.
2/sections/fm/books/AUBUS670.12.2/section
An employee who has committed a tort at work.
Social Security Act of 1935
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ns/fm/books/AUBUS670.12.2/sections/fm/books/AUBUS670.12.
2/sections/fm/books/AUBUS670.12.2/section
Provided the framework for unemployment compensation
funded through mandatory contributions by employers and
employees.
union shop agreement
(http://content.thuzelearning.com/books/AUBUS670.12.2/sectio
ns/fm/books/AUBUS670.12.2/sections/fm/books/AUBUS670.12.
2/sections/fm/books/AUBUS670.12.2/section
One that stipulates that employees need not be union
members when hired but must join the union after being
hired.
workers' compensation
(http://content.thuzelearning.com/books/AUBUS670.12.2/sectio
ns/fm/books/AUBUS670.12.2/sections/fm/books/AUBUS670.12.
62. 2/sections/fm/books/AUBUS670.12.2/section
A statewide system that oversees payments to workers for
injuries and death on the job.
yellow dog contracts
(http://content.thuzelearning.com/books/AUBUS670.12.2/sectio
ns/fm/books/AUBUS670.12.2/sections/fm/books/AUBUS670.12.
2/sections/fm/books/AUBUS670.12.2/section
Agreements prohibiting workers from joining unions as a
condition of being hired.
Chapter 21 Flashcards
Critical Thinking and Discussion Questions
The body of law governing the formation, termination, and
existence of p
Click card to see term �
View this study set
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books/AUBUS670.12.2/sections/fm/books/AUBUS670.12.2/sect
ions/fm/books/AUBUS670.12.2/sections/fm/books/AUBUS670.
12.2/sections/fm/books/AUBUS670.12.2/sections/fm/books/AU
BUS670.12.2/sections/fm/books/AUBUS670.12.2/sections/fm/b
ooks/AUBUS670.12.2/sections/fm/books/AUBUS670.12.2/secti
ons/fm/books/AUBUS670.12.2/sections/fm/books/AUBUS670.1
2.2/sections/fm/books/AUBUS670.12.2/sections/fm/books/AUB
US670.12.2/sections/fm/books/AUBUS670.12.2/sections/fm/boo
ks/AUBUS670.12.2/sections/fm/books/AUBUS670.12.2/sections
/fm/books/AUBUS670.12.2/sections/fm/books/AUBUS670.12.2/
sections/fm/books/AUBUS670.12.2/sections/fm/books/AUBUS6