Defining an employee or employer is not always clear cut, as it varies depending on the statute, case law, or other analysis (Bennett-Alexander & Hartman, 2015). However, defining an employee and employer is important because the individual knows what role he or she must assume in the workplace. According to Bennett-Alexander & Hartman (2015), the employment relationship is based on the law of the agency, where the individual must act on behalf of another (Bennett-Alexander & Hartman, 2015). Further, the employer is referred to as the principal, which has the authority and power to do certain things (Bennett-Alexander & Hartman, 2015). The employer also has the responsibility of classifying individuals as employees or independent contractors, in accordance with the Fair Labor Standards Act of 1938 (Bennett-Alexander & Hartman, 2015). Such classifications determine whether the employer is responsible for providing/offering benefits to the employees as well as follow appropriate guidelines in order to be in compliance with tax regulations. Furthermore, the employer/principal is expected to act in good faith, act professionally within the confines of their responsibilities, provide a safe and healthy work environment to prevent an agent from harming the agency relationship (Bennett-Alexander & Hartman, 2015). Employers may sometimes be guilty of misclassifying in an attempt to save money, however, falsifying such information can have repercussions in a court of law
The first place an employer would want to start in order to understand which laws affect them as an employer is compliance assistance information and resources. Under the website subheading, Help Navigating Department of Labor Laws and Regulation it gives a general definition of compliance assistance. It states, that compliance assistance is an important part of the Department’s effort to protect the wages, health benefits, retirement security, employment rights, safety, and health of American’s workforce
When we are dealing with the employment relationship between employers and employees, ethical issues are most likely to emerge. Especially, if a manager fires a worker without a proper reason, critics will follow this employer’s behavior. In Patricia Werhane’s paper, “Employment at Will and Due Process”, discusses two doctrines which are Employment at Will (EAW) and Due Process. It also addresses some justifications and objections for EAW, and shows Werhane’s supportive view to Due Process. In contrast, EAW is defended by Richard Epstein in his article “In Defense of the Contract at Will”. In my paper, I will attempt to develop my argument in favor of Employment at Will that could improve flexibility and efficiency of
Employment at will is a law that is present in all fifty states in the US; although, in Montana there requires a stated cause for termination. Employment at will creates dissent among employees when they have been terminated for a cause that is thought to be unsubstantial or when no cause is given. There are pros and cons to the presumption, and employees and employers have different views. Employment at will means that the employer can terminate an employee at any time, for any cause without warning. However, even an at-will employee cannot be terminated because of discriminatory reasons. Employment at will also means that an employee can leave a job at any time without the fear of facing any legal consequences. An employer can also
1.3 Compare and contrast employee engagement with other related concepts; ‘flow’, organisational commitment, job involvement and job satisfaction.
Todd (2012) has interviewed employer association representatives and examined their public statements and submissions. From her research, she questions whether the changes to the industrial relations system that employer associations advocate would enhance productivity. With regard to issues such as penalty rates and job security, there is evidence that these relate to cost cutting and enhanced managerial prerogative rather than productivity. Discuss
Pay and Rewards – pay and rewards attract, motivate and retain staff. The employment contract which lists rewards, whether it be pay, bonus or benefits, can remove animosity amongst employees and employers. However, recent research reveals that employees are no longer motivated by a financial reward alone, but
Student Role: Describe the student 's role with the employer and how that role is directly related to enhancing the student 's knowledge obtained through his or her qualifying STEM degree.
The definition of 'employee' and 'worker' differs slightly from one area of legislation to another, but generally workers have less rights
"Employment tribunals were established under the Industrial Training Act 1964. They were previously referred to as Industrial Tribunals, but their name was changed by s1 of the Employment Rights (Dispute Resolution) Act 1998, which took effect on 1 August 1998"(J.Nairns,2011,p.6). Now, HM Courts & Tribunals Service which is an executive agency of the Ministry of Justice, supervise employment tribunals. Employment tribunals are constituted on the basis of region. In England and Wales, there are 11 regional offices of the Employment Tribunals(ROETs). There is Regional Office in each region
It is certainly true that the current law defining the employment status of ‘workers’ is uncertain, as it is wholly inflexible to deal effectively with cases of non-standard forms of employment, atypical workers, for example: agency workers, part-time workers, fixed-term workers, as required workers and homeworkers. Thus, reform is necessary to redress the concerns of lack of legal certainty in relation to this area of the law.
Employee Behaviour Works Cited Missing Introduction To organizations, humans are wonderful resources, because they are compact and multi-purpose, capable of simple manual tasks or dealing with complicated machines. However, there is a problem - how to get employees work effectively and productively? Is their behaviour just a reflection of individual differences?
1.Do you feel that Karen is an independent contractor or an employee? What is your rationale for this decision?
Employees, under the first classification, are determined by common law agency principles (Bouchoux, 2012). Meaning that “[i]f the person doing the work is an employee under common law agency principles and the work was done in the scope of employment, the employer…is the copyright owner” (Bouchoux, 2012, p. 232). While the determining factors are not exhaustive, some include: the employer maintains control over the work and the worker, the employer’s status is such that supports a business relationship, duration of the relationship, skill level of the employee, and benefits provided to the hired individual (Bouchoux, 2012).
Employee benefits are a tool used by businesses to attract potential applicants, improve employee satisfaction, reduce turnover and maintain competition. Benefits that most employers offer include, but are not limited to, medical and dental coverage, time away from work, retirement, and additional assistance during life changing events. The majority of employers in the United States offer benefits to their employees and include an annual enrollment yearly to select benefits and make any needed changes.
The shared characteristics and, in some cases, perception of employees create what is known as organizational culture. A strong culture constructs a unified employee atmosphere, whereas a weak culture lacks a shared sense of distinction between employees. An employee’s heritage or individual culture, although different than, affects the overall organizational culture of companies. Like society, sub-cultures exist within organizations. Formed by departmental function, geographical location, and/or the personalities of employees, sub-cultures include employees who continue to adhere to the organizations’ overall culture, but have additional independent characteristics. Employees’ individual heritage, along with the culture and