Final Flashcards
How accurate are honesty/integrity test
About 85%
The three main company is to provide honesty tests are
- Reid psychological systems in Chicago
- Stanton Corporation …Charlotte North Carolina
- London House in Chicago
What the APA say after their study of the validity of honesty/integrity tests?
The preponderance of the evidence supports the notion that some of the test work
Graphology
- very popular in Europe
- growing in the US… About 3000 firms admit using it… The validity is yet to be challenged in court… ACLU has an “open invitation” to sue a company using graphology, but no one has seen yet because of the double-blind
How many personality traits does a graphology test measure
350
Genetic screening-GINA
- Passed unanimously in 2008 by President Bush
- it prevents insurance companies from discriminating through reduced coverage or pricing… And prohibits employers from making adverse employment decisions based on a person’s genetic code
- Under GINA the EEOC definition of “genetic information” includes information about an individual family medical history
Urinanalysis
1) EMIT(enzyme multiplied immunoassay test)
- an expensive $10-$15… Most often used Follow false-positive’s due to OTC drugs etc.… Often used as a preliminary test and two part process
2) GC mass spec: expensive but highly accurate
* limitations of urinalysis methods: false positives through improper handling procedures; determines presence of drugs but nothing concerning amount, frequency, recency, or impairment level*
- DETAILS:
a. Temperature of urine: taken w/in 4 minutes of collection; allowable ranges 90.5–90 9.8°F
b. Quantity of urine: at least 60 mL
c. Gender of collection site Monitor: directly observed sample must be person of same gender as the donor except California can’t be observed
d. “Chain of custody”… A paper trail of receipts to know who handled the urine sample from time of collection, transfer to testing facility, and back to potential employer
Hair analysis
1-RIAH
a. Determines frequency, time, and amount of use
b. Less intrusive
c. Drugs imbedded in hair provide a drug use history
d. Cheating is nearly impossible
e. Somewhat expensive; $50 and up
F. Unable to detect immediate or even recent usage/impairment
g. About 2% or less of Fortune 500 firms use are I a H… Often the firm wants to know what drug you were on last night you crash our car, which RIAH is not good at detecting
When do you drug test
1-part of a pre-employment physical
2-regular or annual physical
3-reasonable suspicion e.g. you rest a company car
*** not “random” because courts have ruled that the tests are often not “random”… The younger people or minorities or tattooed employees or body piercing please or whatever get tested more often. there is profiling
Definition of compensation
Monetary return paid to employees for work done… To attract retain and gain a competitive advantage and motivate (arm)
What hierarchal needs does compensation fulfill?
Recognition–safety –and physiological
Government and compensation
FLSA 1938
- minimum-wage/overtime/child labor law
- exempt versus non-exempt
- wage and hour division of department of labor enforces
- Antidiscrimination laws
- other federal and state laws: Davis – bacon, Walsh – Healy
Pay strategy/philosophy
A desired competitive pay position
Objectives of compensation
1-externally competitive
2-internally equitable
3-individual pay
Externally competitive
- similar jobs and other companies
- pay survey
- establishes pay level
Internally equitable
- different job/same company
- Job evaluation
- establish pay structure
Individual pay
- Same job/same company
- merit/seniority/lifestyle/appearance
- pay check!
Pay surveys
- variables: job titles/industries/geographic distance
- sources: professional associations/journals/Bureau of Labor Statistics/consultants/self personnel of your company
- keys to success:
a. Include brief job description
b. Guarantee a copy of results to participants either for free or reduced charge
Definition of job evaluation
Determining the relative worth of various jobs in organization to relate pay to the amount of the employees job contributes to organizational effectiveness
Methods of job eval
1-ranking
2-classification system (I.e, GS System)
3-factor system (most complex)
4- points system (most widely used)
5-hay plan( 3-factors; know-how/problem solving/accountability
6-skills based pay:aka competency based comp
7-Market based: ignores internal equity,let mkt dictate salaries.
Pay security
- Guaranteed annual wage salary (rare is US)
- Supplementary unemployment benefits (SUB)
- SEVERANCE PAY: ex one weeks pay for each year employed.
- employment contract “golden parachutes) <–top management
- seniority: most common security for those without a contract
Compensation compression
Very little pay difference based on seniority.
Will workforce chest on hours if you take them off the clock ?
No most work more hours if not punching the clock.
Growth of benefits
1929: 3% of payroll exp.
1949: 16% of payroll exp
2012: 40%+ of payroll expense
Objectives of benefits
Societal: literacy/sex ed/child care/eldercare/pensions/etc.
organizational: a rested and satisfied workforce.
Employee:safety/security/rest/enjoyment/fun/etc.
Social Security
1935(OASDI):
-disability benefits(1957)
-death benefits…nominal 255…burial expense
-survivors benefits(1940)
-Health insurance benefits (Medicare-1965) LBJ
Supplemental Income
Unemployment compensation
1) private industry history(Kodak/p&g/GE)
2) insurance program to compensate eligible workers for a portion of their wage loss when they lose a job. Providing weekly income while look for job.
Eligibility for unemployment comp
1-able and available
2-not refused suitable work
3-not unemployed due to labor strike (except NY and Rhode Island)
4-not left voluntarily
5-not terminated for misconduct
6-worked a minimum # of weeks(typically 26)
7-w/out a job
What do you get on unemployment comp?
Receive 1/2 of what you were earning for up to 26 weeks
Are teachers, pro athletes,non-citizens,terminations covered?
No, doesn’t cover “voluntary” separations
Experience rating (unemployment comp)
How much the company pays into unemployment comp based on their rating: 1.1%-4.4%
“suitable work” for unemployment comp
- degree of risk
- physical fitness and prior training
- experience and prior earning
- length of employment
- prospects for securing local work in customary occupation
- distance of available work from claimants residence.
Exceptions to Unemployemnt comp
- Moving with spouse
- family illnesses
- incompetence
- harassment
Misconduct-unemployment comp
Keeps you from receiving U/C… The company’s disciplinary system will be the issue…can you prove misconduct, was it worth firing?
Pensions
- introduced shortly after WWII
- ERISA-1947
- supplemental plans
- individual retirement accounts
- stock options
- credit unions/savings plans/discounts
- legal aid: prepaid legal… Not for felony charges…fairly expensive benefit.
ERISA
- *established standards on any pension plan**
- vesting: legal right to money…two options 5-7 years
- funded:money actually set aside
- contributory:does participant contribute funds?
- insured: carried by insurance agency
- other details/terms
- *Pensions Benefit Guarantee Corp(PBGC)»insured pensions against bankruptcy, merger, etc.
Benefits-medical care approaches
- insurance companies
- provider organizations
- HMO
- PPO
- self-funded
- cost containment strategies
Wellness programs-proactive
Fitness programs/smoking cessation/weight loss/health screening/foods/stress management/magazines
EAP-reactive
Alcohol/drug dependency Domestic problems Financial problems Mental disorders Aids -hotline/counseling(on/off-site)/training for managers
Paid leave
Off the job:
- vacations(single most expensive benefit…hasn’t changed in 40 years)
- holidays:10 per annum…differs by region of US)
- paid absences
- sick leave(well pay; pay for the days you weren’t sick)
On the job:
- rest periods
- lunch periods(30 minutes=no comp)
- wash up time
- clothes change
- get-ready time
- Portal to portal act
Legal considerations (benefits)
EPA(Equal Pay Act): manhart case-unisex pension contribution.
CRA/PDA: Newport News Shipbuilding and Dry Dock vs. EEOC: Supreme Court said have to cover women and spouses of male employees
COBRA: allow to stay under coverage for 102% in a “qualifying event” «repealed by congress
HIPAA
“Section 89”
Passing a law that sounds good and easy, but is horrible for HR and not feasible.
Definition of safety
Avoidance of injuries-immediate/violent/traumatic
Definition of health
Physical conditions other than injuries
-slow/cumulative/irreversible
Factors in accidents
1-task
2- employee("accident-prone", 50-90% caused by idiots) TRUE on exam
3-government; OSHA,workers comp)
4-unions
5-management goals/philosophy
Story: shoots pig across the Mississippi,culture of safety,still had a mistake
Why accidents on personnel?
GOvt
Training
People
Doesn’t fit elsewhere
OSHA 300
Summary of each injury
More than first aid.
OSHA 301
Detailed account of accident
OSHA 300-A
Annual summary of injuries
Must be posted February-April 30 for employees
Give to employees who won’t get chance to see it
Why under reported to OSHA?
Stay incentive programs
Employers falsifying documents
Inspections-When?
1-immediate attention, catastrophe or fatality, imminent danger
2-referral
3-target industries/special emphasis
4Admin schedule
Inspections-how
1-assigned
2-prepare,learn about industry
3-company visit
-present credentials
-opening conference
-employee/employer representative
4-walk around
- photos/visit with workers/instrument readings/examine records(OSHA 300)
-protect trade secrets
5-closing conference
6-report to area director–>decides fines
7-can appeal to OSHRC
- notice on contest within 15 days of citations
-employees can contest abatement period
Violations
De minimus: no direct relationship to safety or health, $0
Other than serious: direct relationship, but probably won’t cause death or serious harm. Discretionary fine: up to 7000
Serious: substantial probability of death or serious injury; and employer knew, or should’ve known, about hazard. Mandatory fine: up to 7000
Imminent Danger: up to $70,000
Willful or repeated violations: 70k in penalties and/or imprisonment
Immediate entry by OSHA
Marshall v. Barlow 1978
- 4th amendment issue(right to privacy)
- OSHA doesn’t have to follow same rigorous procedure to get search warrant, but can refuse entry without search warrant ( piss them off and fine you for little things)
State run Programs
27 states have state run “OSHA”
-section 18
Lock out/tag out
Seal/lock out the power source (1 per person)
Put up a sign/tag that work is being done on the machine in bright yellow( one per person)
-
Whirlpool v. Marshall ‘80
-right to refuse dangerous work assignments without being disciplined
OSHCON
educational consulting division
- will do inspections like OSHA, but won’t fine you
- if don’t fix it by abatement period, call OSHA
- Tx has 30 OSHCON consultants in state
- program of Worker’s Health and safety division
Workers comp-History
-1911-1920 all but 6 states passed law… 30k deaths in 1907
Common law relief:Workers comp
- only hope of injured employee bc WC
- defense of company: assumption of risk/contributory negligence/ fellow servant rule.
State run w/c programs
-Financed by employer, but co-insurance by employee
- compulsory in most states(TX, NJ, SC)
- “go bare” then 3 defenses return
- fault is not an issue, “no fault” insurance
Objective of workers comp
1) CERTAIN, PROMPT, REASONABLE COMPENSATION
2) reduce number of accidents
3) insure good medical treatment
4) insure good rehabilitation programs
5) eliminate need for personal litigation
* if all of these were actually reached! there would be no need for OSHA*
Compensate injury
“Arising out of and in course of employment
1-job relatedness
2- act of God
3-cumulative disability
4-aggravation of pre-existing disability(W/C V. ADA)
WC is different in which states?
Washington, Oregon
WC in Tx
Tx w/c commission was abolished in 2005
Replaced by Tx Dept of insurance (TDI), division of workers comp
- exceptions:
- act of god
- third party
- willful intent of hurt self
- horseplay
- mental trauma( specific point in time, atypical)
- When sent out on mission for the company, even if minor deviation for personal health/comfort, still covered.
- diseases and infections: can you prove you got it at work?
PAPERWORK:DWC-41
