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Employee Rights & Safety - HR Law

Please provide some good examples, guidance and information on employee rights and safety.

Part I
Which of the major HRM functions, namely Recruitment, Selection, Training and Development, Appraisal, Compensation, and Personnel Planning, might be affected by each? How are they affected (explain)? Drawing on your personal experience or your research and reading, provide specific, real-life, private sector examples (including employer names).

Part II
Situation:
You have a friend in California who has just lost his job in a layoff along with 98 other employees in the same private sector company. Company administrators told him that he was included in this most recent layoff because he refused to take a lie detector test concerning some drugs that were found in his company locker. He also refused to take a drug test because he was afraid that a false positive would result in the state child protection agency taking away custody of his children. Discuss the legal ramifications of this situation. Discuss how the Polygraph Protection Act or Worker Adjustment & Retraining Notification Act, or any privacy laws, safety laws, or state drug testing law(s) may or may not apply.

Part III
Discuss what is meant by employment at will and how it affects HRM systems, processes and procedures.
I also need the examples shown in executive summary.

Thank you.

Useful Links:
http://topics.hrhero.com/fair-credit-reporting-act-fcra/#
http://topics.hrhero.com/employment-at-will-and-employment-law/#
http://topics.hrhero.com/genetic-information-nondiscrimination-act-gina/#
http://expertscolumn.com/content/human-resource-management-nature-scope-objectives-and-function
http://topics.hrhero.com/immigration-reform-and-control-act-irca/#
http://topics.hrhero.com/occupational-safety-and-health-administration-osha/#
http://topics.hrhero.com/userra-uniformed-services-employment-and-reemployment-rights-act/#
http://topics.hrhero.com/warn-act-layoff-notice-laws/#
http://topics.hrhero.com/drug-testing-and-alcohol-testing-of-employees/#
http://topics.hrhero.com/privacy-laws-for-employees-and-employers/#
http://www.dol.gov/compliance/laws/comp-eppa.htm#pagecontent

Solution Preview

PART 1

Every major HRM function namely recruitment, selection, training and development, appraisal, compensation, and personal planning are effected by employee safety and rights.
Let us consider recruitment and selection. If a person is recruited and is required to work, the workplace must comply with the requirements of Occupational Safety and Health Act. If recruitment and selection is done in agriculture, then the provisions of Migrant and Seasonal Agricultural Worker Protection Act apply. If the recruitment and selection involves children, the provisions of Fair Labor Standards Act - Child Labor Provisions apply.

During recruitment and selection if the applicant has disability, he must be provided with reasonable adjustments during interview, the communication for job must limit itself to required skills and abilities for the job, and during interview the applicant should be assessed against essential and required criteria, and by same selectors. If there is pretesting this must be limited to test the ability to perform the requirements of the job, these are the rights of the applicant. The applicant also has the right not to be discriminated on the basis of prohibited criteria. Finally, the Equal Opportunities Act 2010 gives the right to an applicant to file a complaint with the EEOC if he has been discriminated against during recruitment and selection.

During training and Development the safety requirements of Occupational Safety and Health Act apply. There cannot be any violation on the part of the employer where there is substantial probability that death or serious physical harm could result. The place for training for employees should compliant with Occupational Safety and Health Act. In this context the employee who is being provided training has the right to make compliant against the employer.

During training and development, the employee has the right not to be discriminated against. The employees may not be discriminated against based on race, color, religion, sex, or national origin. The employee also has the right not to be discriminated against based on age, disability, or genetic information.

During compensation, the HRM should make sure that employee rights related to minimum wages and overtime pay are complied with. When applying the provisions of Fair Labor Standards Act, the employer ...

Solution Summary

The impact of labor laws on HR function is explained in a structured manner in this response. The answer includes references used.

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