Assignment
Instructions: Reply to the threads of at least 2 classmates.
Each reply must be at least 450 words.
Each reply must also include a biblical integration and at least 2 peer-reviewed source citations in current APA format in addition to the text.
Trend 1
The Fair Labor Standards Act (FLSA) was established in 1938 to ensure that workers were being treated fairly with regards to minimum wage, overtime, recordkeeping, a standard work-week and child labor standards. This law protects all employees in private companies, Federal, State and local governments (United States Department of Labor , 2016). This is a immense act that covers many aspects of employment for both individuals and employers. For example, "FLSA requires that employers keep records of the hours that employees have worked. Its overtime provision requires that employers pay one-and-a-half the regular rate of hourly pay for each hour worked that exceeds forty hours per week" (Chapter 10: Compensation Strategies, 2011, p. 267). The act has been amended several times, notably in 1985 and 2014. In 1985, the amendment allowed for comp time to be substituted for overtime pay at the same rate of one-and-a-half times the worker's hourly wage, special considerations for non-sworn and sworn officers (public officials) and "special provisions for hospital, fire and police officers who work nontraditional shifts" (Chapter 10: Compensation Strategies, 2011, p. 268). In 2014, the act was amended to set standards for annual compensation among certain classification of workers.
This act covers many aspects of worker compensation and labor codes while providing protection to employees revolving around fair compensation by setting a standard minimum wage for all workers, requiring overtime pay for workers that are nonexempt under the code, and providing for regulations that protect children being used for labor purposes.
Many employers use policies and procedures to ensure that labor rules are being followed as set forth by this act. This Act would be, in my opinion, difficult to set policies in addition to the Act itself, as most working Americans understand minimum wage, typically know what it is and that they are entitled to be paid that amount. Most know the laws regarding overtime, and typically are not hesitant to ask when or if they are not paid for hours worked over 40. With that said, policies can be put in place within the healthcare organization to ensure that employees are not working from home, checking/sending emails unless this has been approved by management - for example, this is a huge problem in my organization, for some reason many of us cannot "disconnect" when we go home at the end of the day. Off the clock work poses many issues for employers.
According to a research article in the Journal of Business Ethics (Faraz, Firoz Shamsi, & Bashir, 2014, p. 397):
"Off-the-clock work is one that takes place before or after a regularly scheduled shift and for which no pay is provided. During SC audits working off the clock violations can be resulted due to several reasons. (a) No time records are maintained. (b) Time in and time out records are maintained without workers signature. (c) Time records do not match with the wages records and overtime records. (d) Sunday and other gazette holidays work are not recorded or maintained" Policies can be implemented that establish strict guidelines regarding punishment if the work from home rule is broken, but enforcement is essential and typically does not occur. Additionally, since the FLSA covers child labor laws, many employers can establish policy that they simply will not hire anyone under the legal working age, even with a worker's permit. Personal experience, when my son turned 15, he desperately wanted a job with his "own" money. We applied for and received a permit allowing him to work, but could not find him a job anywhere, even grocery stores. The majority of the reasons he was turned away was because he was not "legal working" age, even with the permit. This was the corporations' way of protecting themselves against possibly breaking the law as it pertains to child labor. If you do not hire them, there isn't an issue.
Colossians 4:1 Masters, treat your slaves justly and fairly, knowing that you also have a Master in heaven.
Trend 2
All of the laws mentioned in this week's post serve to help protect an individual's rights for fair employment and treatment in the workplace. I chose the Civil Rights Acts of 1964 because everyone can be impacted by this act in some way. The Civil Rights Act of 1964 made it against the law for any employer to "fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions or privileges or employment, because of such individual's race, color, religion, sex, or national origin" (www.archives.gov). The Civil Rights Act includes employers with fifteen or more employees but excludes private clubs, religious organizations and employment pertaining to Indian Reservations (Pynes & Lombardi, 2011). The Equal Employment Opportunity Commission (EEOC) has been tasked with enforcing this law. Companies are required to submit data to show they are complying with the law and not discriminating.
As the United States has become more diverse, religion has come more to the forefront in the workplace. Religion is one of the areas covered under the Civil Rights Act of 1964. Some religions require certain dress like the hijab worn by Muslim women. "Organizations engaged in strategic diversity initiatives may need to better understand specific nuances of diversity concerning religious expression and the potential psychological toll hiding those expressions may have on workers" (Reeves, McKinney & Azam, 2013). If a place of employment does not allow a Muslim woman to wear a hajib this can cause stress for the woman who wants to comply with their religious beliefs. On the other hand it can also make them feel like a target at work if they wear it and their coworkers are hostile.
An article by Jillian Berman brought up some interesting points involving discrimination based on sex (2000). The example she used was a male nurse applying for a job in the labor and delivery unit at a hospital. The male nurse was told only female nurses were being considered for the job to protect the privacy of the female patients (Berman, 2000). Interestingly this was upheld by the courts based on the concept of privacy "bona fide occupational qualification" meaning the business would not be able to operate effectively if they hired someone of a certain sex. In this situation it has to do with the male nurse being able to see the naked body of the women and the fact that the women would be uncomfortable. It did not have anything to do with the male nurse's ability to perform the job duty.
This week's discussion of diversity of the healthcare workforce is very timely. April starts diversity awareness month at my organization. Departments are encouraged to have events celebrating the different cultures in the department. The pharmacy department has a pot luck luncheon for people to bring in different foods representing their cultural background. I live in a very cultural diverse location so our staff at the hospital is very diverse as well. There are annual competencies that we complete every year that includes a section on cultural diversity and the expectations our organization has for its employees regarding this issue. It is important for everyone to feel like they work in an environment of acceptance as a person to be able to do their job to the best of their ability. Work policies are in place to help guide employers and employees on what it means to comply with the various laws like the Civil Rights Act.
Revelation 7:9 says, "After this I looked, and behold, a great multitude that no one could number, from every nation, from all tribes and peoples and languages, standing before the throne and before the Lamb, clothed in white robes, with palm branches in their hands". We have not been placed here on earth to judge although sometimes it is hard to refrain. Everyone deserves to work in a good accepting environment. Acceptance does not mean you have to agree with the person's religion or personal beliefs. Everyone should be treated fairly and with respect because everyone was made by God and everyone will stand before Him in judgement in the end.