Part 1 complete discussion
College sophomore Suzy Smart works part-time in the Handi Mart convenience store near campus. The store manager requires that each clerk arrives 15 minutes prior to the start of the shift so that the clerk going off duty can review the sales figures and cash status with replacements before leaving. The clerk going off duty punches the time card after this review, but the incoming clerk is not allowed to punch in until the review is completed and they have agreed that the sales and cash figures are accurate. Sometimes, this exercise takes more than 15 minutes, and no matter how long it takes, the clerk coming on duty may not punch the time card and start earning wages until the process is completed.
Suzy, who completed a course on labor and employment law, realizes that the store manager is violating the FLSA by not allowing the incoming clerk to punch the time clock upon arrival. She brings this issue up with the store manager, who tells her that Handi Mart’s parent corporation does not allow the store to compensate two clerks for the same period of time, no matter how brief, since this is classified by the corporation as a single coverage store. Furthermore, he adds ominously, if Suzy complains to the Wage and Hour Division of the DOL, he will probably be forced by the company to lay Suzy off, along with other part-timers, and cover the store himself for the evening shifts. He states, “You may get everyone a few dollars in back pay, but you’ll also cost everybody their jobs. Remember, some of your coworkers are single parents who need this extra income to make ends meet.”
Has the store manager violated FLSA? Explain. Explain how you would address this scenario as an HR professional.
Part 2 reply to discussion
If the management refuses to let the new clerk to punch the clock upon arrival, they are indeed violating the Fair Labor Standards Act (FLSA). According to the Fair Labor Standards Act, employees must be compensated for all hours worked, including any time spent waiting. An employee is entitled to receive compensation for the duration they are engaged in work-related activities, including waiting time, as exemplified in this scenario. Essentially, the implication is that the newly hired clerk should be able to immediately begin recording their work hours and receiving their salary, without any delay. The absence of a parent company policy explicitly forbidding the payment of two clerks simultaneously, regardless of the length, cannot be utilized as a justification to evade responsibility under the Fair Labor Standards Act. Regardless of the stringency of the company’s regulations, they are unable to evade legal obligations. Furthermore, it is important to note that if an employee reports a violation of the Fair Labor Standards Act (FLSA) or expresses concern regarding a potential violation, the employer is prohibited from engaging in any form of retaliation. As an HR specialist, I would advise the shop manager and the parent firm to explicitly acknowledge that their policy is in violation of the Fair Labor Standards Act and recommend that they modify their policies to align with the legal requirements. In addition, I believe it would be prudent for them to consult their employee handbook to ascertain any provisions pertaining to compensation for waiting time and the company’s commitment to adhering to labor standards.
Part 3 reply to discussion
Hi Everyone ,
The store manager has 100% violated FLSA. The FLSA was created to protect employees from the possibility of not being compensated for any work related activities that may be performed. The store manager has violated this law by not allowing employees to clock in upon arrival during their evening shifts , but them work related activities present for their shifts. It seems like he is trying to cheat the system by making the employees work with the morning clerk , but keeping them off the clock. He is only really able to do this because other employees may not be educated in the rights that they have as employees. Suzy being someone who has taken a class on labor laws, was immediately able to point of the illegal activities.
As an HR professional I would inform the store manager that the act that he is partaking in are illegal. I would also inform employees that they cannot be fired for properly clocking in for their respective shifts. Being a part of HR means that we are there to protect and support our company as well as our employees. It’s important that we make sure that our employees are being treated respectfully and as a business that we are adhering to the law.
Part 4 complete discussion
A bank in a small town is concerned with the perception of its employees by customers and others in the community. Branch managers are responsible for both the running of the branches and building community relationships. The bank decides that it needs to determine if certain personal habits are creating a negative perception toward customers. The bank decides to monitor its branch manager’s off-duty activities in order to determine if this is creating concerns for the bank.
Is the bank legally permitted to carry through this action? Does this constitute an invasion of privacy?
Part 5 reply to discussion
There is absolutely no way that the bank is legally permitted to carry though this action. Imagine being an employee of this bank and having watch your back on a daily basis because you are being watched your employer. It an invasion of privacy for the bank to watch their employees during their personal time. Honestly it can easily become a form of staking because they are invading their space without permission. Now, if an employee decided to give their employer permission to watch their personal habits outside of work, then that would be something that has to be in writing and notarized. However, any other form of watching an employee is an invasion of employee privacy and against the law.
Part 6
This assignment will consist of an APA format paper.
Case Analysis Paper: Each student will choose five cases, each from a different chapter, from the readings in Weeks 1 through 3 (Chapters 1, 2, 3, 4, 5, 6, 8, and 9). The paper should be divided into sections where each case is under a heading with the case name and page number on it. A common reference page will be used for all five cases.
- Your responses should be well-rounded and analytical and should not just provide a conclusion or an opinion without explaining the reason for the choice. For full credit, you must use the material from the textbook by using APA citation with page numbers when responding to the questions.
- Utilize the case format below.
Read and understand the case. Show your analysis and reasoning and make it clear you understand the material. Be sure to incorporate the concepts of the chapter we are studying to show your reasoning. For each of the cases you select, dedicate one subheading to each of the following outline topics.
- Case: (Identify the name of the case and page number in the textbook.)
- Parties: (Identify the plaintiff and the defendant.)
- Facts: (Summarize only those facts critical to the outcome of the case.)
- Issue: (Note the central question or questions on which the case turns.)
- Applicable Law(s): (Identify the applicable laws.) Use the textbook here by using citations. The law should come from the same chapter as the case. Be sure to use citations from the textbook including page numbers.
- Holding: (How did the court resolve the issue(s)? Who won?)
- Reasoning: (Explain the logic that supported the court’s decision.)
- Case Questions: (Explain the logic that supported the court’s decision.) Dedicate one subheading to each of the case questions immediately following the case. First, fully state the question from the book and then fully answer.
- Conclusion: (This should summarize the key aspects of the decision and also your recommendations on the court’s ruling.)
- Include citations and a reference page with your sources for all of the cases. Use APA-style citations with page numbers and references.
Part 7
Case Analysis Paper
Each student will choose eight cases, each from a different chapter, from the readings in Weeks 1 through 7 (Chapters 1 through 16). The student may not use cases done in previous case analysis submissions. The paper should be divided into sections where each case is under a heading with the case name and page number on it. A common reference page will be used for all of the cases.
- Your responses should be well-rounded and analytical and should not just provide a conclusion or an opinion without explaining the reason for the choice. For full credit, you must use the material from the textbook by using APA citations with page numbers when responding to the questions.
- Utilize the case format below.
Read and understand the case. Show your analysis and reasoning and make it clear you understand the material. Be sure to incorporate the concepts of the chapter we are studying to show your reasoning. For each of the cases you select, dedicate one heading to each following outline topic.
- Case: (Identify the name of the case and page number in the textbook.)
- Parties: (Identify the plaintiff and the defendant.)
- Facts: (Summarize only those facts critical to the outcome of the case.)
- Issue: (Note the central question or questions on which the case turns.)
- Applicable Law(s): (Identify the applicable laws.) Use the textbook here by using citations. The law should come from the same chapter as the case. Be sure to use citations from the textbook including page numbers.
- Holding: (How did the court resolve the issue(s)? Who won?)
- Reasoning: (Explain the logic that supported the court’s decision.)
- Case Questions: (Explain the logic that supported the court’s decision.) Dedicate one subheading to each of the case questions immediately following the case. First, fully state the question from the book and then fully answer.
- Conclusion: (This should summarize the key aspects of the decision and also your recommendations on the court’s ruling.)
- Include citations and a reference page with your sources for all of the cases. Use APA-style citations with page numbers and references.
Human Resource Management Analysis
What do the results of each case suggest about employment regulatory issues and legal matters in organizations? What Policies should HRM implement to prevent the legal issues addressed in your cases?
- What is the role of HRM in preventing the legal failures highlighted in your selected cases?
- What metrics would you use to assess HRM efficacy in addressing the issues in your selected cases? What is the role of technology, human capital, organizational culture, leadership, workplace planning and talent management in preventing such legal failures and in improving overall organizational success?
Responses to each question must be informed by outside research. At least two references must be used and cited in this section.
Reflection: (Include a reflection section.) This should cover all of the work in this course. Students must address specific cases or concepts with citations. This section should not be shallow but show some deep reflective thought to receive full credit.