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Response - Research Paper Example

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Legal Issues in Staffing Name: University Legal considerations surrounding the creation of a job description When an organization is advertising for a position, there are rule and regulations to be considered in the whole process of staffing. Since it is the pleasure of every employer to recruit well qualified and competent staffs, it is important to ensure that the right procedures relating to job are followed without violating labor laws…
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Download file to see previous pages In order to ensure that right procedures are followed for the job, it is advisable to have clear information of the job at hand. This includes the job title, responsibilities, necessary skills, experience and credentials required (Mader-Clark, 2013). This means that the job description is well specified. This ensures that applicants understand the requirements of the job which can even assist him or her during interview. In case the job is discriminative in a way, it is good to use appropriate words and terms not to sound violating discriminative law. For example, if the job requires a male, state “must be able to lift heavy objects without use of machine”. If a candidate from a particular country, Canadian or Nigerian, use terms like “must be fluent in French, English” among others. These are government rules in Equal Employment Opportunity Commission (EEOC) and American With Disabilities Act (ADA). Legal considerations surrounding compensation The goal of every worker casual or permanent is to earn cash. The compensation structure is divided into two categories; wages and salaries. In most cases, salary is paid monthly while wages are paid weekly calculated depending with hours worked. In order to protect employees, there are labor laws put in place by government that stipulate how employees should be compensated (Martin, 2006). The law states that a full time employee should work for 40 hours in a week and payment should be made depending with time worked. Any extra time spent over the specified work hours should follow rules set by employer. The Fair Labor Standard Act (FLSA) passed in 1938 lay down the minimum wage, salaries and benefit packages for workers (Martin, 2006). The law checks employment and compensation matters and forbids child labor. The Equal Pay Act (EPA) law ensures that all employees; men and women, receive equal pay for a similar job in the same organization. Therefore, employer should ensure that the labor laws and regulations are followed in all job categories. To be on the safe side, the employer should clearly indicate the minimum wage for a job offered and have equal pay for men and women. In addition, he or she should indicate workers’ compensation and benefits, redundancy compensation among other commissions. Legally and ethically acceptable strategies for mitigation against potential legal claims relating to staffing In case an organization is facing a legal suit relating to filling a position, it is important to clear its name by providing evidence that it followed legal requirements. The company can produce the advert containing job description to show that rules relating to staffing have been followed. This includes clear and precise language with no signs of discrimination or contradiction. In addition, it should show that proper screening of applicants was done during interview and selection process. References Mader-Clark, M. (2013). The Job Description Handbook, Berkeley: Nolo. Martin, D. (2006). Discrimination Law and Employment Issues. London: Thorogood ...Download file to see next pagesRead More
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