for kim woods only Training and Development Strategy
EMPLOYMENT LAW REPORT 9
Employment Law Report
Lourde Owens
HRM/531
Mar. 16, 2017
Richards Sims
Employment Law Report
The employment law governs the legal relationship between employer and employee. These laws aim at protecting workers’ rights by promoting health and safety, providing social security and protecting workers from discrimination. Labor laws are based on federal and state constitution law . There are two categories of labor law: individual labor law that cover the employees’ rights in workplaces and collective labor law that cover union, employer and employee relationship. Good overview note edit—pay attention to details.
Human capital is a combination of an individuals' attributes, experiences, skills, and knowledge that enables one to perform labor for the production of economic value. It is sometimes referred to as intellectual capital as it reflects the creativity, skills, and knowledge that individuals contribute to organizational success. Human capital being an asset in any business or organization requires being protected by laws. The laws which are related to human resource employment laws are enforced by the Department of Labor (DOL).
The Toyota group organization is one of the world's leading automobile manufactures with its headquarters in Japan. Toyota organizational structure provides a degree of flexibility that empowers to respond to issues and promote quality production. Among the eight regional divisions is North America which has over ten thousand employees and like all other organizations in America, it is under the Federal laws and regulation and is well aware of the employment laws.-- what about citation reference for source of this information
Human Capital Management (HCM) refers to the process of upgrading the prevailing skills of an employee through training and extracting the best out of him or her to contribute to the growth of the organization. HCM plays a role in attracting, developing and rewarding an organization’s greatest asset. The initial step for effective? human capital management is to recognize employees as the most valuable asset and biggest investment in the organization (Sadiq, 2017).
Human capital management in Toyota organization is based on certain applications that include core administration support such as personnel administration, payroll and service center. The organization's HRM is responsible for all aspects of developing and rewarding the employees and promoting innovation to encourage high-performing platform where all workers can thrive. It also provides educational training to boost professional growth and performance of its workers. Technology has played a key role in making HRM simpler as it has automated onboard procedures whereby employers can easily create, organize and monitor new hire training or tasks. Employers can now easily manage human capital by creating employee profiles where they can access any important employee information and also promoting sociability among employees. Embracing the new technology by allowing mobile application in work enhances communication and creates a flexible working platform for the employees.—cite for reference..Good overview HRM process – what about philosophy? How does Toyota view its human capital?
There are over 180 federal laws that protect workers that are required to be enforced in organizations. The Occupational Safety and Health (OSH) Act requires employers to provide their employees with work and workplaces safe from any hazard that may cause harm to their health and wellbeing. The law is enforced through conducting workplace inspections, audits, and investigation by internal and external experts. Any employer that violates this law is subjected to penalties of monetary fines, corrective measures and some rare cases jail sentences (Lopez, 2016).
The workers' compensation law requires the employer to provide an insurance cover in the form of cash benefits or medical care to workers who are injured in the workplaces or become ill as a result of their work. The compensation is only paid if the employer and insurance carrier agree that the illness or injury is work-related. The penalties for non-compliance with the law includes fines that may be as high as 50,000 dollars based on the terms and conditions.—also right to operate business…
The Fair Labor Standards Act (FLSA) protects employees from underpayment or overwork. Wage and hour violations are determined through investigations carried out in the organization where data is collected, and analysis was undertaken. Failure to comply with this law can lead to penalties of fines or even imprisonment of the employer.
An effective compliance and ethic program is important to protect and regulate the organization. It detects and controls improper conduct and promote allegiance to the organization's legal and ethical obligations (Abdullah, Indulska, & Sadiq, 2016). An organization might have a code of conduct that has standards that can reasonably control and reduce the likelihood of any improper behavior. The code should clearly identify those administering the program, their roles and provide a guideline for the expected behavior of the employees. It should also identify defined paths of reporting any case of misconduct and the respective disciplinary action.
The organization may assign individuals among the high-level management to be the custodians of the program. These individuals would then have adequate resources and information to run the program. The program is expected to implement a "culture of compliance" which may be achieved by publicly rewarding acquiescent behavior and clarifying the benefits of reporting the improper behavior to the organization. Also, the organization needs to take actions to exclude any illegal activities by bad actors from managerial ranks by conducting a legal screening on the individuals' background and criminal history.
Proper training for all the workers in the organization on the program's code of conduct, policies practices and procedures should be administered. Also, follow ups on the program's progress may be conducted regularly through audits and monitor systems so as to assess compliance with the policies and procedures. To avoid recurrence of an improper misconduct, the appropriate remedial measure might be taken. A risk assessment involving evaluation of audit results, compliance cases and the existing policies is an effective step in promoting compliance in the organization. This is a good generic overview but how does it apply to Toyota?
References
Abdullah, N. S., Indulska, M., & Sadiq, S. (2016). Compliance management ontology–ashared conceptualization for research and practice in compliance management. Information Systems Frontiers, 18(5), 995-1020.
Lopez, E. C. (2016). Criminal Law-Use of Counterfeit Immigration Documents for Employment Not a ContinuingOffense-United States v. Tavarez-Levario, 788 F.3d 433 (5th Cir. 2015). Suffolk Transit's L. Rev., 39, 223.
Sadiq, S. A. (2017). HUMAN CAPITAL MANAGEMENT AND OPERATIONAL EFFICIENCY. JOUNI Journal of Management and Social Sciences, 4(2), 216-224.
Met basic assignment requirements
Content: Addressed most aspects of assignment. Addressed how human capital management
strategy and philosophy impact business strategy but did not demonstrate clear link with target
company.
Identified and overviewed employment laws and explained their purpose. Did include
Detailed Content pertaining to consequence for non-compliance. Not specific to a particular
company or business when addressing philosophy Did include concepts and ideas from course.
See notes
Organization and development: Generally organized and developed to address assignment.
However did not effectively address all components with clear specific details. See notes
Mechanics: Did use APA format. See note related to citation for reference. Some minor issues
with sentence structure and grammar.
See Notes: 8.5 pts.
