Employment Laws and HRM Strategy Essay Example for Free

recitation Laws and HRM Strategy EssayDescribe the scenario that you have selected and its corresponding employment laws. The man resource scenario the writer selected is the need for seasonal employees who may be from a nonher country. Employment laws for the resign of disseminated multiple sclerosis will be a base used to solve this issue. Mississippi W ripen and Hour Laws from the Employment Law Handbook insures that seasonal workers are provided with a minimum wage, meals and breaks, vacation, sick leave, severance and holidays. Mississippi currently does not have any state laws requiring or regulating these requests. Mississippi uses national official guidelines as a base for establishing employment laws. The national law as of today requires a minimum wage of 7.25 dollars. The federal official law for over sequence is also followed by Mississippi. Meals and breaks according to federal law are not defined.Breaks taken by an employee that are less than twenty minute s must be remunerative and lunch breaks thirty minutes or more do not need to be paid as considerable as an employee can do whatever he or she likes during this period according to the Department of Labor. pass leave is determined to the employer since Mississippi legislature does not have any established guidelines on this matter. spill leave, Severance pay and holidays are all determined by an employer in the state of Mississippi due(p) to established laws in this state (Mississippi Wage and Hour Laws, 2012). In August of 2012 Mississippi held a direction meeting on immigration reform. Governor Phil Bryant wanted to reaffirm a law pr nonethelessting undocumented immigrants from acquire public benefits. The Mississippi Senate will have to take into consideration the unify States Supreme Court rulings and federal appeals when drafting Mississippi legislature for immigration laws.The Mississippi state immigration law would have to play along with E-Verify laws and constituti onal laws are not violated. President Barack Obama passed a deportation deferral to immigrants earlier this year plainly states can pass their own immigration reform laws such as Arizona and Alabama (Cherry, 2012). The United States Department of Labor established an act called The migratory and Seasonal rural Worker Protection doing or (MSPA) in order to protect these types of workers. The act protects employment related migrant and seasonal workers. The MSPA turn backs that for separately one non save farm contractor and agricultural seasonal association disclose their terms 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 job must description must also explain worker protection, amount of payment due to a migrant worker and provide an itemized statement of earnings and deductions (Department of Labor, 2012). The Migrant and Seasonal rural Worker Protection Act also guide lodging 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 companionable security numbers (Department of Labor, 2012).The Fair Labor Standards Act or (FLSA) requires that workers on large farms are paid minimum wage but they are excluded from overtime premium pay. The FLSA prevents children under the age of sixteen from operative 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 worker workers with H-2A visas get a lab or 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 modular of the H-2A program is enforced by the wage and hour division (Department of Labor, 2012). Recommend a invent to tell apart the HRM situation within the confines of the law. Justify your approach to your scenario to HR management.The valet de chambre resource management plan the writer recommends would be based on performance. Job performance and task performance represents what an employee contributes to an organization that employs them. Migrant workers would benefit from this type of grading trunk if the work performance is factory based. Task performance is the crossway of employees performing actions leading to the production of raw materials into goods and services. Studies have been performed to show job performance management provides feedba ck and standard improves employee performance leading to better organizational performance (Stewart, Brown, 2011). The writer believes migrant workers may show citizenship behavior.Employees oftentimes show citizenship behavior by going the extra mile for the company, volunteering for special projects, following organizational procedures even if they are not convenient for the employee and defending the business where the employee works (Stewart, Brown, 2012). The writer would focus on harmful behavior before it starts. Counterproductive behavior is behavior from an employee that is harmful to a business. An employee can exhibit dickens types of counterproductive behavior 1) production deviance 2) property 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 favoritism.The writer would get a manual of policies and procedures exp laining how this behavior is prohibited and have disciplinary consequences set in situate 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 list to any problems they may be having. State how a competitive advantage may be gained by ensuring HRM practices meet the necessary employment laws. A competitive advantage can be gained by ensuring human resource 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 supra can be followed also to keep in compliance with legal employment issues. Laws and regulations are substantial 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 strategy can lead to effective human reso urce department and a successful business (Managing Employees, 2012). Speculate what might happen if the situation was not handled in accordance with the seize employment laws. A business that does not follow employment laws can face state and federal criminal 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 repair 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 conflict with federal laws. The writer speculates that if state and federal discrimination laws are broken a company can face many prejudicial hardships (Stewart, Brown, 2012).ReferencesCherry, Daniel (2012). Lawmakers Gearing Up f or Immigrant Reform Battle Retrieved from httpwww.mpbonline.org on November 18, 2012Stewart, G., Brown, K. (2011). Human resource management (2nd ed.). Hoboken, NJ conjuration 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