LEGAL ENVIRONMENT OF HUMAN
HA255: Human Resources for Healthcare Organizations
Unit 8 Assignment
Law in Human Resources
Implications of Law in Human Resources
Fair Labor Standards Act
History of the Fair Labor Standards Act
National Labor Relations Act
History of the National Labor Relations Act
Law in Human Resources (HR)
What is it?
Law is “a body of rules of
action or conduct prescribed by
controlling authority, and
having binding legal force”
Law provides an answer to a
common question from Human
(HRM): by what authority do I
act? (Hernandez, 2009).
Implications of Law in HR
Law is a formal identification of
the boundary for risking and
experiencing formal accountability
and finality of judgment
If the authority to act is not
identifiable, then a more
conservative approach would be
to not act (Hernandez, 2009).
Fair Labor Standards Act (FLSA)
What is the FLSA?
It is what sets minimum wage and overtime pay, as well as setting restrictions on allowing minors to work.
In nonagricultural operations, anyone under 16 is restricted on how many hours they can work.
Any individual under 18 is forbidden to be employed by some jobs that may be deemed “too dangerous” (U.S. Department of Labor).
History of the FLSA
Before being passed in 1938 by
President Roosevelt, all individuals
were required to work 10 hour
This act was mainly focused on
preventing women and children
from working long days.
In 1868 congress passed a law to
only have an 8 hour work day
More History of the FLSA
Laws regulating wages for women
and minors came much later
because of the early labor
By 1916 almost ever state had
passed laws prohibiting child
In 1937, a bill was passed for a 40
cent minimum wage (Samuel,
National Labor Relations Act (NLRA)
What it is –
It defines unfair labor practices for
employees and employers.
Authorizes the National Labor
Relations Board (NLRB) to secretly
conduct elections for employees in
order to determine any representation
by a labor organization.
Authorizes the NLRB to investigate as
well as conduct hearings for any
complaints about unfair labor
practices (Hernandez, 2009).
Hostility between labor and
management ran high in the 1920’s.
The Railway Labor Act was passed in
1926, and stressed the importance of
In 1932, during the depths of the Great
Depression, Congress passed the NorrisLaGuardia Act (National Labor Relations Board).
More NLRA History
The Norris-LaGuardia Act curbed the power for the courts to issue restraining orders against strikes, fraud, or absent violence (National Labor Relations Board).
Hernandez, S. R. (2009). Strategic Human Resources Management in Health Services Organizations, 3e, 3rd Edition. [VitalSource Bookshelf version]. Retrieved August 16, 2015 from http://
Samuel, H. (2000). Troubled passage: The labor movement and the Fair Labor Standards Act. Monthly Labor Review, 32-37. The Bureau of Labor Statistics. Retrieved August 16, 2015 from http://www.bls.gov/opub/mlr/2000/12/art3full.pdf
U.S. Department of Labor. Compliance Assistance - Wages and the Fair Labor Standards Act (FLSA). Retrieved August 16, 2015 from http://www.dol.gov/whd/flsa/
National Labor Relations Board. Pre-Wagner Act labor relations. Retieved August 16, 2015 from http://www.nlrb.gov/who-we-are/our-history/pre-wagner-act-labor-relations
References: 3e, 3rd Edition. [VitalSource Bookshelf version]. Retrieved August 16, 2015 from
Labor Standards Act. Monthly Labor Review, 32-37. The Bureau of Labor Statistics. Retrieved
August 16, 2015 from http://www.bls.gov/opub/mlr/2000/12/art3full.pdf
Retrieved August 16, 2015 from http://www.dol.gov/whd/flsa/
National Labor Relations Board. Pre-Wagner Act labor relations. Retieved August 16, 2015 from
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