Coffee Shop Staffing Organizations - Part One
1. Identify the type of employment relationship you would establish between the coffee shop and its Employees, from a legal perspective. Explain your reasoning. In order to determine, from the legal perspective the type of relationship that needs to be establish between the business and its newly hired employees, it is imperative to understand what the definition and the significance of the term “Employee Relations.” The term “Employee Relations” is a very broad term that refers to the management, and planning activities that involve the developing, training and improving employees. These activities are accomplished by communicating with the employees through policies and regulations that advice the employee as well as the company’s leadership on topics such performance based actions, adverse actions. In addition, Labor Relations provide guidance such as alternative dispute resolution, reasonable accommodations, and appeal rights to include employee coverage and affirmative defenses. The type of labor relation I would establish between the Coffee Shop and its employees would have to be in accordance with the U.S. Department of Labor, Employment Standards Administration. It is important to establish this relationship by letting the employees know that the coffee shop adheres and complies with the laws and regulations provided by the Department of Labor, displaying the mandatory U.S. Department of Labor workplace posters that are required for small business, in this case, the coffee shop. It is imperative for coffee shop’s employees to know that they are fully cover under the Fair Labor Standards Act and their employee is running a business that is fully complying with all laws and regulations mandated by the Department of Labor. Creating a relationship between the employees and the coffee shop, from the legal point of view, is very important because it creates the sense of security and confidence employees need to feel comfortable in their work environment and shows them that their employer, in this case, the coffee shop, cares for them and that by following the law and regulations to ensure their well-being and their rights are always in consideration in the workplace.
2. Suggest ways that you could avoid claims of disparate treatment. Disparate impact relates to the hardship created by the discrimination and is often used in age discrimination lawsuits. Disparate impact relates to disparate treatment, and a wrongful termination lawsuit may claim that the impact or hardship created plays a role in the discrimination. A greater impact proven to a specific group such as women or older employees may impact your business as well. This is certainly lots of things the coffee shop must avoid in order to keep a good reputation and grow to be a successful business. The ways I would use to avoid disparate treatment claims would be to review federal and state laws on termination of an employee, these laws could include payday laws, by doing so, and the Shop will comply with all dates and rules. I would create checklists for the hiring, and termination of employees this practice will provide the business with continuity and, the most important thing: a way to show it. Having personnel files for each employee is a great way to have a place to record infractions, warnings, etc. It is critical to document the employee acknowledgement of receipt of each notification with a signature and a date. When a termination is in order, provide the employee with a warning before termination, the termination date must be showing on this letter. The letter needs to outline, in facts, the reason the employee is being terminated and cover, as simply to read as possible, the events that will take place once the letter is acknowledge and received by the employee in question (last payday, modification in hours (if applicable), etc. 3. Identify the type of external influences that could...
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