Running head: LEGAL RESPONSIBILITIES OF HR MANAGERS TO ESTABLISH POLICIES AND PROCEDURES
LegalResponsibilities of HR Managers to Establish Policies and Procedures
Legalresponsibilities of HR to establish policies and procedures thatabide by employment laws
Thereare laws enacted to control and especially restore sanity where it islost in remunerating employees. If the market is left to handle itsaffairs strictly, it is likely that employees would suffer, workingtirelessly for meager pay. Therefore, the employment laws offer fairgrounds for the conduct of business among the stakeholders. It thenrequires the HR management always to compile policies and proceduresthat are in compliance with the employment laws.
TheFair Labor Standards Act of 1938 is instrumental in protecting theemployees from unnecessary exploitation. There are three majorconcepts it clearly outlines for observance by the persons involved.It lays down rules on setting the minimum wage, hours of work andissues of child labor. In drafting policies and procedures that guideoperations in the employment sector, the HR managers have legalresponsibilities to uphold. According to the FLSA of 1938, the HR isrequired to enact policies that do not include children supplyinglabor. The policies must also reflect on the minimum wage andprocedures set should not seem to take advantage of employees, makingthem work longer hours while being underpaid.
Ourcompany has been affected by the Equal Pay Act as a result oflitigation instituted by one of the employees regardingdiscrimination issues.
Asa store manager, the company sets out the obligations that one shouldcarry out while holding such position. Therefore, if the companyallocates its managers any work that does not fall within the realmsof his obligations, then he should be paid. In this case, the companyexploits the managers, and it is all right to demand compensation.Furthermore, not paying for more number of hours allocated for workis illegal. The FLSA requires payment for working overtime, that is,more than 40 hours a week.
Thecompany would be acting unscrupulously by terming its store managersas executives just to grant them work that does not fall within theirroles. The case study also indicates that a senior officer alwaysinterfered with the hiring process, and he would never exert hisdiscretion in hiring. Therefore, he cannot be exempted as anexecutive.
Itshould concern the company that its employees feel overworked andunderpaid because when the economy picks back up, they will be unableto retain their employees. They will experience employees leaving thecompany for better working conditions elsewhere. It means the companymight even loose its most dependent labor. For instance, atStarbucks, an employee indicated that the only reason they stayed isthat there were no better services elsewhere. It is certain that thisis a violation of FLSA by the company. It is thence important to notethat employees should be treated with dignity and offered the best atthe workplace. They, in turn, give their best to steer the company togreater heights(Page 629- 630 of Chapter 17).
Itis advisable to meet a corporate counsel to explain the situation andthe legal issues involved so that both sides (the company and itsemployees) have remedies for their challenges. The facts of employeesexploitation should be raised at this meeting. It also serves tomention what prompts the company to employ policies that areinjurious to its employees.
Page629- 630 of Chapter 17