Discussion post
39617.1) Hours and Overtime; Accuracy* in job postings/recruiting
Watch and listen to this excellent video <5 minutes:
https://www.youtube.com/watch?v=tKhpgBrgIZU (Indeed, Feb 2023)
And read this 50 hour workweeks? How to Cut Back on the New Normal (Waltower, 2013).
https://www.businessnewsdaily.com/8357-longer-work-weeks.html (<3 pages).
In a recent press release, the U.S. Department Of Labor announces a 'Proposal To Restore, Extend Overtime Protections For 3.6 Million Low-Paid Salaried Workers'. Being a salaried employee does not by itself, exempt someone from being overtime eligible. Read this (short): https://www.dol.gov/newsroom/releases/whd/whd20230830#:~:text=WASHINGTON%20%E2%80%93%20The%20U.S.%20Department%20of,week%2C%20about%20%2455%2C000%20per%20year. It is not yet the rule of the land. None-the-less, some states have such a law. Consider employees in California: A salaried employee earning less that $64,480 per year is NOT exempt from overtime pay (califorinapayroll.com).
Managerially, some firms expect salaried employees to work 50+ hours a week. Others recruit on their offering quality of work life (QOWL). Sometimes firm's recruit on QOWL and hired employees later find out its much different*.
From a legal point of view, how can a firm:
.a) Be sure to accurately represent work aspects such as hours per week when recruiting rather than be at risk of a fraud* or misrepresentation* claim?
.b) Know, collect and process accurate hours for salaried employees without 'encouraging' employees to not report accurately? Should the reporting be on all employees or just those that are OT eligible?
*you'll need to read that section of the week's readings for this part.
.2) Salary transparency Laws
Skim this: Salary Transparency Laws & Best Practices in 2023 (Sinacoloa, 2023) (~5 pages of content) https://mosey.com/blog/salary-transparency-laws-by-state-best-practices/#:~:text=Verbal%20or%20written%20disclosure%3A%20All,the%20employee's%20or%20applicant's%20request. Paying a bit more attention and reading its last 2 pages.
Briefly research a job you'd be interested in by title then search for openings of that title is a state that has such salary reporting.
.a) Report back on the position title, what it says about the salary range, and any stated qualifiers such as depending on experience, location, internal equity, etc.
Many companies elect to not tell their employees the ranges/bands, midpoint, etc. Yet with the emerging laws on salary transparency word is out there. Even if a company operates in a state that doesn't have a reporting requirement.
b) With the range 'published' hiring is, most likely, no more than just below the published mid-point. Doesn't that discriminate against high earners – those who are perhaps older or have had strong performance-based raises? Why or why not?
.3) Return to Office (Hybrid)
Some companies are resorting to threats (sticks, 'or else', etc.) to get employees return to the office at least so many days per week. Incentives didn't work as well as intended. Interestingly, they sometimes use the same arguments to 'come back' as they did for advocating WFH.
Skim this: In return to office messaging, there's now more stick, less carrot (Munk, 2023) https://www.cnbc.com/2023/06/29/in-return-to-office-messaging-theres-now-more-stick-less-carrot.html
And this: 4 Risks of Forcing Workers to Return to the OfficeMandating a return to the office could cost your company more than it's worth (Cohan, 2023) https://www.inc.com/peter-cohan/4-risks-of-forcing-workers-to-return-to-office.html
Those hired 'remote' during Covid may (now) face pressure to move, travel back, etc. or face lose of opportunity for advancement. Probably positions that could be done remotely are being posted as 'hybrid'.
As always do your own research before responding:
.a) How can a company help ensure its executives, HR, and hiring managers 'do the right thing'?
.b) How can a company protect itself from breach of promise or discrimination claims based on remote work/geo area?
.c) Support or defend (your choice) the following: If 'brining people back' isn't supported by the data on productivity then leaders aren't really serving the interests of shareholders. Instead they are __
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