What are primary benefits and negative aspect of arbitration


Assignment

Overview

Write a 3-4-page analysis in which you examine the different categories of employment. Analyze the pros and cons of each type of worker from an employer's perspective and then describe the ideal proportion of workers for a business type of your choosing. Provide a supporting rationale for your description.

Employment laws are based on the premise of the existence of an employment relationship. Defining whether an employment relationship exists between an employee and employer can be challenging in today's workplace, because there are so many different forms of employment. Regular, full-time employment used to be the norm. Today, companies hire part-time, temporary, or contract employees; this has impacted the legal rights of the employees performing the work. These alternative work arrangements are often referred to as contingent, or non-standard, work.

It is important for HR practitioners and members of management to understand employment relationships and the classification of employees, because this can have a significant impact on the way an employee is paid. This also affects the application of employment laws.

By successfully completing this assessment, you will demonstrate your proficiency in the following course competencies and assessment criteria:

• Competency 1: Examine the effect of the employment process on current work environments.

o Discuss the ideal allocation of each employment category.

Competency 2: Analyze trends and changes in the laws on diversity, gender, and harassment.

o Describe each category of worker.
o Analyze the pros and cons of each type of worker.
o Describe the ideal proportion of workers based on employment category.

Competency 6: Communicate in a manner that is scholarly, professional, and consistent with expectations for members of the human resource profession.

o Communicate in a manner that is scholarly, professional, and consistent with expectations for members of the human resource profession.

Context

This assessment delves into the different types of employment relationships that exist today. Classifying an employee's status can be almost as important as defining the tasks of the job, especially when courts must interpret the law. In this assessment, you will examine the primary types of work agreements-from handshake and contract, to employment-at-will, and temporary employment.

When work needs to be done, hiring the right person is usually foremost on the mind of the employer. How that person is classified once hired, typically, is the responsibility of the HR department. Often that classification may become the single most important factor in resolving workplace disputes. In this assessment, you will explore options for engaging the right people with the best agreement.

The most prevalent understanding between an employer and an employee is set at the point of hire, by an agreement to pay a certain wage for a given piece of work under certain terms and conditions. The earliest agreements were based on a symbolic handshake and the bond between the two parties. That symbolic handshake is the basis of employment contracts today, but the symbols and terms have changed considerably.

Questions to consider

To deepen your understanding, you are encouraged to consider the questions below and discuss them with a fellow learner, a work associate, an interested friend, or a member of the business community.

• What are the primary benefits and negative aspects of arbitration from the perspective of either an employer or an employee?

• There is much debate today about the contingency workforce and the former implied permanent relationship in the workforce. Given our global economy and the use of technology, do you think it is time to encourage a return to more long-term employment relationship thinking?

Suggested Resources

The following optional resources are provided to support you in completing the assessment or to provide a helpful context. For additional resources, refer to the Research Resources and Supplemental Resources in the left navigation menu of your courseroom.

Library Resources

The following e-books or articles from the Capella University Library are linked directly in this course:

• Pre-employment screening: Special report. (2009). HRMagazine, 54(2), 41-44, 46, 48, 50.
• Roberts, B. (2011). Close-up on screening. HRMagazine, 56(2), 22-29.
• Tyler, K. (2012). Undeserved promotions. HRMagazine, 57(6), 79.
• Weinstein, M. (2014). Paths to success: Responsibility vs. promotion. Training, 51(4), 26-29.
• Witham, T. (2010). Pre-employment screening. Credit Union Management, 33(5), 38, 40.
• Bednar, J. (2014). Tackling the gender wage gap. BusinessWest, 30(23), 53, 63.
• Equal pay timeline. (2014). Congressional Digest, 93(5), 2, 32.
• Pay equity overview. (2014). Congressional Digest, 93(5), 3-7, 32.
• Subminimum wage for persons with disabilities under fire. (2012). Payroll Manager's Report, 16(10), 11-12.

Course Library Guide

A Capella University library guide has been created specifically for your use in this course. You are encouraged to refer to the resources in the BUS-FP4044 - Legal Issues in Human Resource Management Library Guide to help direct your research.
Bookstore Resources

The resources listed below are relevant to the topics and assessments in this course and are not required. Unless noted otherwise, these materials are available for purchase from the Capella University Bookstore. When searching the bookstore, be sure to look for the Course ID with the specific -FP (FlexPath) course designation.

• Walsh, D. J. (2016). Employment law for human resource practice (5th ed.). Boston, MA: Cengage.

o Chapter 2, "The Employment Relationship."

Instructions

For this assessment, write a 3-4-page analysis in which you complete the following:

• Describe each category of worker (full- and part-time employees, independent contractors, temporary employees, interns, students, volunteers, and partners).

• Include an analysis of the pros and cons of each type of worker, from an employer's perspective.

• Select and describe a type of business. Describe the ideal proportion of workers (full- and part-time employees, independent contractors, temporary employees, interns, students, volunteers, and partners) and include a supporting rationale.

Format your assignment according to the following formatting requirements:

1. The answer should be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides.

2. The response also includes a cover page containing the title of the assignment, the student's name, the course title, and the date. The cover page is not included in the required page length.

3. Also include a reference page. The Citations and references should follow APA format. The reference page is not included in the required page length.

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