The Importance of Labor Law Knowledge to the HR Manager - Term Paper Example

College name and logo Program name: Course name: Labor Relations Course Code: Project / case study title: Explain the importance of labor law knowledge to the HR manager Academic Year – Semester: Group Names and IDs with students’ signature: TABLE OF CONTENTS ACKNOWLEDGEMENT 3 EXECUTIVE SUMMARY 3 1.0 INTRODUCTION 3 1.1 Background 3 1.2 Definitions 4 2.0 The implication of labor laws on the human resource 4 2.1 The goal of labor laws 5 2.1.1 Employee protection 5 2.1.2 Employer protection 5 2.1.3 Double protection 6 2.2 The role of the human resources manager in implementing labor laws 6 2.3 The human resources manager and labor unions 8 2.4 Labor laws that significantly govern human resource management in the U.S.A 9 3.0 CONCLUSION 10 WORKS CITED 11 ACKNOWLEDGEMENT EXECUTIVE SUMMARY This paper highlights the aspect of human resource management and the importance of labor laws to the practice. The first part gives definitions of what labor laws are, and then look at who is a human resources manager. This gives insight on the connection between labor laws and human resource management, and thereafter the main body of the paper which looks into the details of the importance and implications of labor laws on human resources management. The roles of the human resources managers in any given organization or company, are highlighted giving reasons as to why there is need for them to understand and interpret labor laws for the general benefit of their business development. Labor laws are important to any human resource function; therefore, we highlight a few labor laws governing human resources management in the United States of America according to the department of labor, for the purpose of clarity and deeper understanding of their function. 1.0 INTRODUCTION 1.1 Background The human resources manager operates at the backbone of an organization, considering that employees are very important in the growth of any business. In the United States of America, there are various laws governing how employees should and should not be treated, and also how employees should treat their employers (Margaret, Pg. 21). The human resources manager act as the bridge between employers and employees and therefore, it is vital that they are in full knowledge of state labor laws in order to harmonize this relationship.They should play a proactive role in the strategic management of their organization (Michael, Pg. 32), and also in advocating for fair labor practices within their system of operation. Without the existence of labor laws, then either party would be intent on exploiting the other and in the most likely case the employer driven by the need for profit, is most likely to oppress the employees rights, with more work, poor pay and poor working conditions. This explains why the development and implementation of labor laws dates back to the age of industrialization and they continue to be amended with the increasing change of events and especially the technological changes that are taking place today. 1.2 Definitions Labor law is the area of law dealing with rights of employees, employers as well as labor organizations (Margaret, Pg. 62). In the U.S.A. labor laws are concerned with all aspects of the employer- employee’s legal relationship and the labor unions that employees belong to. On a general outlook labor laws are concerned with: industrial relations, safety and health at the workplace, and standards of employment. Human resources manager refers to an individual that handles workplace complaints and sometime handles dispute resolution. He/she is responsible for planning, directing and coordinating administrative tasks in an organization. Basically a human resources manager acts as the bridge between the employer/management and the employees of an organization (Michael, pg.12). In addition he/she is directly responsible for recruiting, training, retaining, wage administration, staff development and managing employee exits in an organization. 2.0 The implication of labor laws on the human resource Every business venture requires the human resources input for its operations and to realize its goals. Employees just like any other assets are vital in the function of an organization (Jill 65) since they bring major benefits, but also come with some labor associated costs such as salaries, wages, allowances and benefits. The human resource requires higher standards of management than the other resources utilized by any organization, whether public or private. During the era of industrialization, the human resource was driven to work under harsh conditions and in return the compensation was very poor. This led to the need for regulatory standards to advocate for fair treatment of employees. Labor laws have been developed since the industrial age and have been revised and amended over time. The human resource manager being in direct contact with employees needs has an obligation of leaning the labor laws governing their operations in order to create a favorable working environment (Scheid, 2011). Managing human resources requires compliance with state labor laws in order to have smooth operations, and lack of compliance could result into grave consequences such as hefty penalties for the organization and/or imprisonment or both (Lareau &Peter, Pg. 41). Therefore the human resource manager plays the vital role of keeping the company policies on labor up to date with the ever changing law requirements. 2.1 The goal of labor laws 2.1.1 Employee protection In the United States of America, labor laws are put in place in order to protect employees and employers as. The employee is protected against exploitation by his employer. For instance according to the Bureau of Statistics (USA), the Fair Labor Standards Act (FLSA) exists to balance the employee-employer relationship by outlining the standards for overtime pay and wages in order to ensure fair treatment of all employees. Labor laws have been put in place because the following factors were identified for protection: ethnic origin, race and color of the employee, gender, people with physical disabilities and mental disabilities, religious beliefs and practices. 2.1.2 Employer protection On the other hand labors laws have been put in place to protect employers from their employees. They give the employer the right to hire individuals that meet their expectations and also allow them to set rules that govern employee’s behavior while at the work place (Lareau & Peter, Pg. 33). Employers are also protected from unnecessary harassment stemming from labor union operations, by the state laws that regulate labor union activities. 2.1.3 Double protection Labor laws ensure that both the employee and employer are fully protected, and this in turn return ensures a harmonious work relationship between the two entities. This translates into increased production that also benefits the society at large. 2.2 The role of the human resources manager in implementing labor laws Amongst their many duties, human resources managers are faced with the task of taking care of labor relations and the health and safety concerns of all the human resources within their organization. Therefore it is crucial that they have thorough information on the labor laws that direct the function of their company (Pyrillis, 2011). The human resource manager acting as the link between the employer and employees, has to be aware of the labor law requirements within the country in which he/she is working in order to ensure a harmonious employer-employee relationship. Issues such as dispute solving are very critical functions for a human resources manager (Michael, Pg. 67), and failure to handle them urgently and properly can lead to consequences such as employees approaching labor courts, and laying a negative implication on the organization in terms of time and finances. He/she knows very well that the existence of a good work relationship amid the employees and their employer, and also amongst the employees, is vital to the organizations performance since proper labor relations result into increased productivity. The human resources manager works to minimize the exposure to risks for the organization by ensuring training and safety programs are in place, for protection of both the employee and employer (Robert & Jackson, Pg. 58). In maintaining the organizations workforce they engage with existing labor unions and handle employee work related grievances, and at the same time ensure there is an effective system of communication for employees to channel their grievances. This system of communication should be employee friendly so that they are not afraid to air their problems. Cases of sexual harassment within the organization should be thoroughly dealt with since there is a provision for the same in the states labor laws. It is the human resources managers’ role to educate other employees about the existing labor laws (Adikaram, Pg. 79), especially those that directly affect their organization. All levels of management and supervisors have to be educated on different labor laws depending on their departments, so that they are aware of the process of administering labor laws as well as be in the know of what to do in the case of violation of the laws (Walsh, Pg. 256). This exercise is very effective in ensuring that the top management team treats the lower level employees with regard, resulting into improved productivity and promoting employee cohesion. The human resources manager in his knowledge of the labor laws affecting the operations of his organization works as the link between the law enforcing bodies, and the organizations senior management (Walsh, Pg. 357). He recommends the safety standards they are required to have in place depending on the type of organization. It is his role to ensure that employee’s health and safety conditions at the work place are properly maintained. Human resources managers working in industries that deal with production and manufacturing must ensure that the right safety procedures are put in place. They work with the regulating body in order to access the occupational health and safety plan recognized in their state, therefore ensuring that the production/ manufacturing unit is safe for employees. Organizations that do not have production such as the service industries are not exempt from ensuring employee safety. The Human resources department works to ensure that the facilities and furniture used is user friendly and complies with the states ergonomic standards. A human resources manager in a multinational organization is faced with the task of involving managers in other countries in order to understand the labor laws governing labor practices in those countries. Therefore, for an organization that has international responsibility, their human resources personnel require knowledge of labor practices that differ from those in the United States of America (Leftwich, web). This is important for the organizations strategic management team, in the events of planning and decision making. In such a case the human resources manager has to carry out extensive research in order to help place the organization at a strategic advantage, and avoid pitfalls that may lead to legal implications in these other countries. 2.3 The human resources manager and labor unions Labor unions refer to a body organized by workers with a collective goal of negotiating with employers for better working conditions (Margaret, Pg. 42). They are governed by a body of officials elected to represent the other workers collective bargaining activities. The human resource management team in any organization therefore, has to be aware of any labor union involvement by their employees so that they can adjust their policies in favor of both the employee and employers demands. As part of his duties, the human resources manager handles the labor relations issues of his organization (Walsh, Pg. 183) and as a result, he is involved in collective bargaining activities where employees are involved in labor unions. This is explained in details in the points below: The National labor Relations Act (NLRA) of 1935, grants an employee the right to form and belong to labor unions, and take part in collective bargaining activities (Bureau of Labor Statistics USA, 2012-13). In regard to this, the human resources manager represents his/her organization in negotiation and administration of collective bargaining agreements with labor unions, and has to make Human Resource decisions based on these agreements. Therefore, it is important that the human resources managers be fully aware of labor laws because they are expected to participate in negotiations with labor unions for wage and other benefits for the employees (Michael, Pg. 64), not forgetting that they are also representative of an organization whose policies on labor they should fully understand. The human resources manager when dealing with labor unions has a role to represent and protect the company’s interest, and at the same time protect the interests of the employees. These actions help to make stronger the relationship between the employer and employees. In collective bargaining he/she is duty bound to duly represent the management and be involved in bargaining with the labor union officials to reach at an agreement that upholds both the management and the labor force. 2.4 Labor laws that significantly govern human resource management in the U.S.A According to the Bureau of Labor Statistics (USA), there are various laws governing the operation of human resources management in the USA. The following are just but few that the human resources manager needs to have thorough knowledge of, for fair labor practices within an organization. 2.4.1 The Fair Labor Standards Act (FLSA) of 1938. This act protects employees from unfair wages, by outlining, the required standards in payment of wages and overtime, and also looks into child labor. 2.4.2 The Occupational Health and Safety act (OSHA) of 1970 This act regulates the health and safety conditions in any given organization and especially in industries. It requires employers to put in place safety measures to protect their staff from injurious hazards. Therefore employers are responsible for the safety of their employees at the workplace. 2.4.3 The national Labor Relations Act (NLRA) of 1935 Under this act employees are granted the freedom to organize and join labor unions, and participate in collective bargaining activities. 2.4.4 The Norris-Laguardia Act (NLA) of 1932 This law gives unions the right to organize, and restricts employers from denying individuals employment because they belong to a labor union. 2.4.5 The Age Discrimination in Employment Act (ADEA) of 1986 This act forbids discrimination of employees aged 40 to 65 years, and restricts compulsory retirement. 2.4.6 The Family Medical Leave Act (FMLA) of 1993 This act permits an employee who has worked with an organization in a period of twelve months and more, to take leave of twelve weeks without pay, and has acceptable reasons for taking leave. On return to work the employer is required to give the employee a position equal in pay as well as responsibility, as the one the employee held before taking leave. 2.4.7 The Civil Rights Act of 1973 Under this law employees are protected from unfair discrimination by their employers based on their religion, color, national origin, and race, sex and gender. 2.5 Challenges faced by human resources managers in relation to labor laws Implementing laws is no small task because there are many challenges especially when dealing with people. The human resources manager comes face to face with resistance from and/or laxity from the side of the management in applying the state laws to their employment policies. Human resource managers working with multinational companies with offices in developing countries have to be up to date with labor law practices in the said countries. The challenge in this case is that the developing countries may not be very clear and thus confusing in the process of implementation. 3.0 CONCLUSION Labor laws and human resource management go hand in hand and inseparably. Drawing from the information above, the human resource management team of any given task has a major role to play in ensuring that all parties in an employment agreement are happy at the end of it all. However in a country like the United States of America where compliance with laws is high, it is important to ensure that the required standards are of every law are observed for the benefit of the society as a whole. WORKS CITED Adikaram, Arosha. Labour Law and Relations: A Human Resource Management Approach. Stamford Lake. 2008. Armstrong, Michael. Handbook of Human Resource Management Practice. Kogan Page, 1999 Bureau of Labor Statistics, U.S. Department of Labor. Occupational Outlook Handbook, 2012-13 Ed. Web. Accessed 18 April 2013 Jasper, Margaret C. Labor Law. Dobbs Ferry, N.Y. Oceana. 2002 Lareau,N. Peter,et al. Labor and Employment Law. Conklin, N.Y. Matthew Bender. 2003 Leftwich, M. Howard. “Labor Relations: Still Relevant for Hr professionals?” e-hresources. e-hresources, n.d. web. Accessed 18 April 2013. Mathis, Robert L., and John H. Jackson. Human Resource Management. Thomson South- Western, 2005. Pyrillis, Rita. “Alittle Labor Knowledge Could Go a Long Way for HR as Unions Push Into Private Sector.” Media tec publishing inc. 2011. Web. Accessed 18 April 2013 Rossiter, Jill A. Human Resources: Mastering Your Small Business. Upstart Publishing, 1996. Scheid, Jean. “Project Human Resource Management and the importance of Labor Law Posters” brightthubpm 2011. Web. Accessed 18 April 2013. Walsh, David. Employment Law for Human Resource Practice (South-Western Legal Studies in Business Academic). South-Western Cengage Learning. 2009. Read More