Employment Laws and HRM Strategy Essay

Describe the scenario that you need selected and its corresponding employment rectitudes. The human mental imagery scenario the source selected is the need for seasonal worker employees who may be from a nonher country. body of work equitys for the tell apart of disseminated multiple sclerosis will be a base social occasiond to authorise this issue. disseminated multiple sclerosis net income and Hour Laws from the Employment Law Handbook insures that seasonal workers atomic number 18 provided with a minimum wage, meals and breaks, vacation, sick leave, severance and holidays. disseminated multiple sclerosis presently does non have any state righteousnesss requiring or regulating these requests. Mississippi go fors federal guidelines as a base for establishing employment laws. The federal law as of today withdraws a minimum wage of 7.25 dollars. The federal law for extra time is also followed by Mississippi. Meals and breaks according to federal law argon non defi ned.Breaks sayn by an employee that are less than twenty proceedings must be paid and lunch breaks thirty minutes or more do not need to be paid as long as an employee commode do whatever he or she likes during this period according to the subdivision of Labor. Vacation leave is determined to the employer since Mississippi legislature does not have any established guidelines on this matter. blue leave, Severance pay and holidays are all determined by an employer in the state of Mississippi due to established laws in this state (Mississippi Wage and Hour Laws, 2012). In August of 2012 Mississippi held a committee merging on immigration reform. Governor Phil Bryant wanted to reaffirm a law preventing undocumented immigrants from recovering public benefits. The Mississippi Senate will have to take into consideration the unite States Supreme Court rulings and federal appeals when drafting Mississippi legislature for immigration laws.The Mississippi state immigration law would h ave to comply with E-Verify laws and constitutional laws are not violated. President Barack Obama passed a transportation deferral to immigrants earlier this year but states backside pass their admit immigration reform laws such as Arizona and Alabama (Cherry, 2012). The United States Department of Labor established an act called The Migrant and Seasonal coarse Worker Protection crook or (MSPA) in order to cherish these fibres of workers. The act protects employment related migrant and seasonal workers. The MSPA ensures that each taxable farm contractor and agricultural seasonal association disclose their legal injury and conditions of employment to each migrant worker.The terms and conditions of employment must be explained to the migrant and seasonal worker at the time of recruitment (Department of Labor, 2012). The rent out must description must also explain worker protection, keep down of wages due to a migrant worker and provide an itemized debate of earnings and dedu ctions (Department of Labor, 2012). The Migrant and Seasonal Agricultural Worker Protection Act also guide accommodate and transportation. The federal guide line ensures that housing and transportation provided meets federal and state guidelines with proper licensure and insurance which is enforced by the wage and hour division. The federal guidelines require records must be kept for at least three years which includes name, permanent addresses and social hostage numbers (Department of Labor, 2012).The Fair Labor Standards Act or (FLSA) requires that workers on Brobdingnagian farms are paid minimum wage but they are excluded from overtime premium pay. The FLSA prevents children under the age of sixteen from on the job(p) during school hours and working certain jobs deemed too dangerous. Children that are employed on their families farm are exempt from the Fair Labor Standards Act (Department of Labor, 2012). The Immigration and Nationality Act (INA) require employers that want to use foreign temporary workers with H-2A visas get a trade union movement certificate from the Employment and Training Administration.The certificate ensures that there are not enough able, willing and qualified United State workers available to do the work. The Immigration and Nationality Act standard of the H-2A program is enforced by the wage and hour division (Department of Labor, 2012). Recommend a plan to manage the HRM positioning within the confines of the law. Justify your approach to your scenario to HR care.The human option management plan the author recommends would be based on feat. art performance and task performance represents what an employee contributes to an organization that employs them. Migrant workers would benefit from this type of grading system if the work performance is factory based. Task performance is the product of employees performing actions leading to the production of raw materials into goods and services. Studies have been performed to p roject job performance management provides feedback and measurement improves employee performance leading to best(p) organizational performance (Stewart, Brown, 2011). The writer believes migrant workers may show citizenship behaviour.Employees oftentimes show citizenship behavior by going the extra mile for the company, volunteering for especial(a) projects, following organizational procedures even if they are not convenient for the employee and argue the business where the employee works (Stewart, Brown, 2012). The writer would focus on counterproductive behavior before it starts. Counterproductive behavior is behavior from an employee that is harmful to a business. An employee enkindle exhibit two types of counterproductive behavior 1) production deviance 2) retention deviance occurs when employee sabotage equipment, destroys materials and products and misuse expense accounts. The counterproductive behavior can also be extended to gossiping about coworkers and showing favor itism.The writer would create a manual of policies and procedures explaining how this behavior is prohibited and have disciplinal consequences set in place if this behavior is exhibited. The writer would not use performance appraisals as much. The main goal would be to give feedback to an employee and heed to any problems they may be having. State how a competitive value may be gained by ensuring HRM practices meet the necessary employment laws. A competitive advantage can be gained by ensuring human imaginativeness strategies are followed. A company must have an employee handbook, benefits package, job descriptions and a payroll system in place to ensure human resource strategies are at an advantage to the company.The steps above can be followed also to keep in compliance with legal employment issues. Laws and regulations are important to ensure equal rights to disabled worker, employment eligibility for migrant workers with the use of an I-9 form, drug screening and work place harassment. A competitive dodging can lead to effective human resource department and a successful business (Managing Employees, 2012). Speculate what might happen if the situation was not handled in accordance with the appropriate employment laws. A business that does not follow employment laws can face state and federal whitlow charges.A business can avoid costly law suits by following laws to ensure employees are treated fairly. A companys compliance can save money that would be used to even out a damaged reputation. Specific laws protect employees from immutable characteristics such as sex, race, age and religion. Characteristics such as tattoos, nose piercings and long hair are not covered by federal and state laws. State laws can set a basis by not discriminating against married status or sexual orientation and may not impinge with federal laws. The writer speculates that if state and federal discrimination laws are scummy a company can face many damaging hardships (Stewar t, Brown, 2012).ReferencesCherry, Daniel (2012). Lawmakers gear Up for Immigrant Reform Battle Retrieved from httpwww.mpbonline.org on November 18, 2012Stewart, G., Brown, K. (2011). Human resource management (2nd ed.). Hoboken, NJ John Wiley and SonsManaging Employees (2012). Retrieved from httpwww.mississippi.org on November 18, 2012Mississippi Wage and Hour Laws (2012). Employment Law Handbook, Retrieved from httpwww.employmenthandbook.com on November 18, 2012The Migrant and Seasonal Agricultural Worker Protection, (2012) Department of Labor Retrieved from httpwww.dol.gov on November 18, 2012