Legal Issues in HR Management - Essay Example

?Running Head: Legal Issues in HR Management Legal Issues in HR Management [Institute’s Legal Issues in HR Management As the majority of well-informed companies recognize, the number of job related criticisms, allegations and lawsuits filed by existing or previous workers have risen speedily during the last decade. Human Resources professionals have recognized a number of issues that may explain this raise, together with an increase in the service laws, a better understanding by workers of their constitutional rights under the law, and a raise in the number of legal representatives who are ready to stand for annoyed workers. “Unfortunately, the bottom line for most companies is not whether but rather when you’ll be faced with a legal issue involving an employee” (Weisbord et al, 1995). The main thing is to take a practical, precautionary approach so the company can lessen the possibility of being prosecuted. Faced with fixed financial plans as well as financial stress, businesses fail to identify the significance of guiding their managers. The majority of service claims involves a front-line manager’s behavior, either for the reason that the manager was unable to guide by example and busy in bad behavior, or the manager did not recognize how to deal with a workplace concern properly. Training the managers about essential employment law ideas and the way to be a successful manager is very significant. Another issue is that companies overlook to carry out periodic analyses of their human resources strategies and practices to guarantee that they are advanced and in accordance with the legal requirements. Reviewing the human resources and payroll functions within the business has never been more vital. For instance, the “Department of Labor’s Wage and Hour Division has become more aggressive in looking at whether exempt employees are properly classified and if overtime is being calculated correctly” (Getwood, 2007) . Careful arrangement for the termination of a worker is necessary, for quite a lot of reasons. Research has proved that the single leading forecaster of whether a terminated worker will take legal action is the way he was treated in the termination meeting. Additionally, being understandable, to the point and consistent in telling the reason for a termination can assist an employer guard against the decision afterwards. Payroll is an extremely synchronized and difficult task. It takes significant understanding as well as effort to give salaries in the approved manner and promptly. Yet workers look ahead to their paychecks to be done correctly and given promptly. If not, the business can have severe morale and legal setbacks. Set of laws having an effect on payroll incorporate the ‘Fair Labor Standards Act’ which controls overtime salary obligations, the IRS which controls income tax maintenance, and other national and state laws which legalize ‘state income tax withholding’, employees payment premiums, and unemployment indemnity. “Payroll record keeping is also critical for, among other reasons, the issuance of W2 forms at the end of the year” (Weisbord et al, 1995). Outsourcing payroll is an outstanding solution to the legal agreement concerns. The payroll services can give support in working with the law and, in most instances, fulfilling legal necessities. Federal OSHA standards have four main groups: general trade, building, marine, and cultivation. While a few standards are particular to only one group, others relate across industries. With the standards having similar conditions for every division of industry are those that deal with the access to medical and exposure account, personal defensive equipment, and communication about risk. Access to medicinal and exposure account requires the company to give the worker right to use to any medical report the company maintains relating to that worker, together with any report regarding the worker's contact to lethal substances. Personal defensive tools require companies to give workers with personal tools intended to defend them against some particular risks. These tools can range from protecting helmets to avoid head wounds during construction and freight managing job, for eye protection, hearing safety, ‘hard toed shoes’, particular safety glasses for welders, and ‘gauntlets’ for iron workers (Weiss, 2007). Communicating about risks requires producers and importers of dangerous materials to carry out risk assessments of the products they produce or trade in. If merchandise is found to be risky in accordance with the standards and laws, the producer or importer is required to clearly specify that on containers of the material, and the initial consignment of the material to a new client should contain a material protection data sheet. Companies must utilize these data sheets to guide their workers to identify and stay away from the risks presented by the materials. “The Occupational Safety and Health Act want the Department of Labor to create safety and health standards in the workplace” (Weiss, 2007). All private companies who involve in interstate business have to act in accordance with. OSHA supervisors issue references for infringements. The Department of Labor can try to find a sanction to end hazardous practices. The Hazard Communications Act wants companies to begin a teaching and information course for employees who use risky chemicals, to visibly mark containers and places where reactive materials are stored or utilized, and to keep records of “Occupational Safety and Health Act Materials Safety Data Sheets” (Weiss, 2007) within work areas where reactive materials are utilized. The “Toxic Substances Control Act” (Weiss, 2007) was issued during the year 1976 requiring the “Environmental Protection Agency (EPA)” (Weiss, 2007) to legalize chemicals that place a great threat of damage to human wellbeing or the atmosphere. The EPA has inflicted a number of reporting, documentation keeping, and guidance necessities. The State of California needs businesses to form a wound and sickness avoidance plan which takes account of a teaching and communication structure, a procedure for recognition as well as assessment of risks associated to place of work, periodic assessments, systems for looking into occupational wounds and diseases, procedures for correcting dangerous or injurious circumstances, as well as record keeping (Small & Barnhill, 1998). Companies are required to post on their premises, in a noticeable place, information regarding workers' constitutional rights and responsibilities. A number of private businesses and the ‘Chamber of Commerce’ have done a good job of consolidating the necessary information. References Getwood, R. Field, H. S. and Barrick, M. (2007). Human Resource Selection. South-Western College Pub. Small, R. F. and Barnhill, L. R. (1998). Practicing in the New Mental Health Marketplace: Ethical, Legal, and Moral Issues. American Psychological Association. Weisbord, E. Charnov, B. H. and Lindsey, J. (1995). Managing People in Today's Law Firm: The Human Resources Approach to Surviving Change. Quorum Books. Weiss, J. T. (2007). Transgender Workplace Diversity: Policy Tools, Training Issues and Communication Strategies for HR and Legal Professionals. BookSurge Publishing. Read More