Introduction
Employment categories exist to classify workers in a variety of fields and disciplines. The incorrect classifications of workers have legal as well as financial repercussions to a company should a grievance be filed with the Equal Employment Opportunity Commission.
Employee
Establishing employment types are essential in determining the legal compliance and responsibilities that an employer must comply with based on federal law. The first type of employment category is establishing if someone performing work is an actual employee. Title VII of the civil rights act of 1964 defines an employee as someone who performs work for an employer (Walsh, 2012). While this is a vague definition of what constitute an employee, it is a start. While the commonsense would suggest an employee is anyone who perform works and receive pays for the work performed. This creates a gray area that exists between the legal and commonsense definition. According to Muhi, “Black’s Law Dictionary defines “employee” as “a person in the service of another under any contract of hire, express or implied, oral or written, where the employer has the power or right to control and direct the employee in the material details of how the work is to be performed”, Muhl, C. (2002, January 1). Bases on this definition, this would imply that an independent contractor, could not be considered an employee because the role and work vary on how it is performed, when it is performed and how much input the employer have over the process.
This type of employee is the traditional form of employment that most worker experience. It offers company benefits, advancement opportunities, and employment stability in a sense. Some disadvantages for this type of employment is...
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...e have a variety of employee classifications in the group above. 75% of the workforce in CMS is full-time employees, 15% are part-time, 5% are a independent contractor (technology), combination of temporary workers, these positions usually are less than 6 month to a year hired, often retirees, and substitute workers, 5% substitute teachers, bus drivers and after-school and secretaries. The breakdown for the percentages represent a how the school should be staffs. I chose the greater percentage for full time employees based on the needs in the district.
References
Muhl, C. (2002, January 1). What is an employee? The answer depends on the Federal law. U.S. Bureau of Labor Statistics. Retrieved , from http://www.bls.gov/opub/mlr/2002/01/art1full.pdf
Walsh, D. (2012). Employment law for human resource practice. (4 ed.). Macon: South-Western Legal Studies in Business.
Sloane. A. A., Witney, F. (2010). LABOR RELATIONS (13th editions). Prentice Hall. Upper Saddle River, NJ
...lley, W. H., Jennings, K. M., Wolters, R. S., & Mathis, R. L. (2012). Employment & Labor Relations. Mason, OH: Cengage Learning.
Bennett-Alexander, Dawn D. & Hartman, Laura P. (2001). Employment Law for Business (3rd ed.). New York: McGraw-Hill Primis Custom Publishing. Downloaded February 4, 2008 from the data base of http://www.eeoc.gov
Holley, Jr., W., Jennings, K. & Wolters, R. (2012). The labor relations process. (10th ed.). Fort
Over the past decades, the number of casual employees increase sharply .as it is shown in Figure 1 , the size of casual employees only account for no more than ten per cent of the total workfor...
Moran, J. J. (2008). Employment law: New challenges in the business environment. New Jersey: Pearson Prentice Hall.
The Equal Employment Opportunity Commission (EEOC) is the federal agency that enforces the federal laws, policies and regulations as it relates to employment discrimination. Over the course of years, Title VII has been amended to reinforce its prohibitions to include pregnancy as a type of gender discrimination, jury trials, compensatory damage and punitive damages. Its amendments have also strengthened the enforcement policy of the EEOC. An employer and employee need to be aware of those areas that are and are not covered by Title VII. It applies to employers, unions, joint labor and management committees as well as employment agencies whose functions include referral and training decisions among others. It applies to all private, federal, state and local governments who employ 15 employees or more. An employer with less than 15 employees is not required to comply with the guidelines set by Title VII. Title VII covers all levels and types of employees. In 1991, the act was further extended to include United States (U.S.) citizens who are employed outside of the U.S. for American employers. Non U.S. citizens are also protected as long as they are employed in the U.S. Title VII however, does not a...
Colorado State University-Global Campus. (2013). Module 7 – Labor Relations [Blackboard ecourse]. In MGT 570 – Managing Human Resources (pp. 1-5). Greenwood Village, CO: Author.
...d other employees would benefit by becoming knowledgeable of their rights under the laws of EEOC and corrective or preventive actions would be taken to discourage discrimination. This is why it is so important that an employer must educate management, as well as, employees so that problems, such as, John’s won’t escalade to the point of a complaint being filed within the EEOC administration. Employer’s may lose, as well as, employees and may become devastating where as both parties are negatively affected.
Remington, J., Heiser, R., Smythe, C., & Sovereign, K. (2012). Human resources law (5th ed.). Upper Saddle River, NJ: Prentice Hall.
Further, there must have been a number of decisions which drive the direction and initiatives of any staffing strategy. These include, but are not limited to, determining staffing levels and types, current staffing resources, internal/external hiring, understanding current and future supply and demand, hiring or retaining, and short-term or long-term planning. It was important to understand the scope of each category in order to establish a strong and successful staffing
However, this definition covers privacy and protection from government. To work productively, especially when the work may be physical, it is nearly impossible to keep one’s privacy. The relationship between employer and employee is based on a contract. The employee provides work for the employer and in return he is paid. If the employee cannot provide services because of problems such as drug abuse, then he is violating the contract.
Labour and Employment Law. Cincinnati, OH: South-Western Publishing Company.
Suffield, L., & Templer A. (2012). Labour Relations, PH Series in Human Resources Management, 3rd Edition