Legal Safety and Regulatory Requirements

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Legal, Safety, and Regulatory Requirements
Alicia Race
University of Phoenix
Human resources in health care
HCS/341
Michelle Calvin-Casey
January 31, 2011

Legal, Safety, and Regulatory Requirements
The legal, safety, and regulatory impact the human resource department greatly by ensuring that all employees are treated equally and fairly. The rights of both employer and employee are covered by several different entities such as the National Labor Relations Board, Equal Employment Opportunity Commission, and the Occupational Safety and Health Administration. These have been set in place by the United States so as to protect both employer and employee from unfair acts on either’s part. In the few following paragraphs the effect of legal, safety, and regulatory requirements on the human resource process, an insight into the statement “Common sense and compassion in the workplace has been replaced by litigation”, and a brief look at the impact of the Department of Labor, U.S. Equal Employment Opportunity Commission, The American’s Disability Act of 1990, and the Department of Homeland Security on the human resource processes. The Effect of Legal, Safety and Regulatory Requirements on the Human Resource Process The individuals within the human resource department must be well versed in all the laws and regulations as set by the United States as they are expected to abide by these laws and rules. Once the potential employee has signed an employment contract, a new relationship is formed between employer and employee. “Both employers and employees have rights and obligations to each other when they enter into a contract. An employment contract spells out explicitly the terms of the employment relationship for both employee and employer (Gomez-Mejia, Balkin, & Cardy, 2010, p. 441)”. As stated both parties that come into agreement and enter a contract have equal rights and responsibilities. The U.S. Department of Labor has legal rules set in place to protect employees. Some of these laws are the hours that can be worked by a minor, period and meal breaks and overtime wages due. The Occupational Safety and Health Administration, or OSHA, has set in place rules for safety such as the use of personal protective equipment, lockout/tagout procedures, and hazard communication. The U.S. Equal Employment Opportunity Commission has set in place regulations to regulate the relationship between employer and employee so as to guard against discrimination and such like issues. The job description of the human resource team is a lot larger than just the hiring and firing of individuals. It involves a lot of motivation and determination on their part so as to keep within the laws and regulations set by national organizations. Insight on the statement “Common sense and compassion in the workplace has been replaced by litigation” This is an interesting statement. It is very true. Comparing the way that organizations used to be as to the way they are now, there is quite a difference. The rules have gone from barely a page to now an entire book of them. Compassion is out the door as the employees of the human resource management team must first focus on what rules have been set in place to guard against litigation. Sometimes showing compassion will turn around and cause court suits based on the compassion overtaking the legal rules and laws. Some employees will use the compassion as an out or reason to take their employers to court. This is very sad that this world has come to litigation overtaking compassion and common sense, but it is true. A brief look at the impact of the U.S. Department of Labor, Equal Employment Opportunity Commission, The American’s Disability Act of 1990, and the Department of Homeland Security on the human resource processes The United States of American has spawned several organizations to protect both employer and employee against false accusations, overworking, and even...
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