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.
Remington, J., Heiser, R., Smythe, C., & Sovereign, K. (2012). Human resources law (5th ed.). Upper Saddle River, NJ: Prentice Hall.
Moran, J. J. (2008). Employment law: New challenges in the business environment. New Jersey: Pearson Prentice Hall.
...lley, W. H., Jennings, K. M., Wolters, R. S., & Mathis, R. L. (2012). Employment & Labor Relations. Mason, OH: Cengage Learning.
Walsh, D. (2012). Employment law for human resource practice. (4 ed.). Macon: South-Western Legal Studies in Business.
Watson (2008) believes that occupation segregation is a pattern of occupations in which some are predominantly male and others female. Watson (2008) indicates that horizontal segregation is where the workforce of a specific industry or sector is mostly made up of one particular gender. An example of horizontal segregation can be found in construction, where men make up the majority of the industry’s workforce, whereas childcare is almost exclusively a female occupation.
"How the Government Measures Unemployment." U.S. Bureau of Labor Statistics. U.S. Bureau of Labor Statistics, n.d. Web. 04 July 2017.
Employee discrimination occurs when an employer harasses or terminate an employee purely because of race, religion, gender, age, national origin, and/or disabilities. While there have been great improvements in eliminating these discriminatory actions, sexual orientation and/or gender identity based discrimination isn’t
Our society places a great deal of importance on a person’s employment. A person’s job title can quickly define an individual’s
The bona fide occupational qualifier is used by rights management as a rationale for discriminating on the basis of a business necessity. (Peak, 2016, p.52) Title VII of the Civil Rights Act of 1964 made it illegal for any employer or agency to discriminate on the basis of sex, color, age, religion, or national origin. ("Bona Fide Occupational Qualification - Definition and Example," n.d.) However, in a later section of the act, it recognizes the ability of hiring certain personnel for certain positions, otherwise known as permissible discrimination. ("Bona Fide Occupational Qualification - Definition and Example," n.d.) Employers will use this in order to justify discriminating against certain applicants. An example of an agency using the bona fide occupational qualifier would be the military Special Operations community. Up until recently, military special operations refused entry to female applicants based on physical qualifications. Due to the rigors and physical demands of special operation missions, women were banned from applying and participating in the community.
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.
Discrimination occurs when an employee suffers from unfavorable or unfair treatment due to their race, religion, national origin, disabled or veteran status, or other legally protected characteristics. Employees who have suffered reprisals for opposing workplace discrimination or for reporting violations to the authorities are also considered to be discriminated against. Federal law prohibits discrimination in work-related areas, such as recruiting, hiring, job evaluations, promotion policies, training, compensation and disciplinary action. (employeeissues.com, 2006)
Employment Discrimination laws seek to prevent discrimination based on race, sex, religion, national origin, physical disability, and age by employers. A growing body of law also seeks to prevent employment discrimination based on sexual orientation. Discriminatory practices include bias in hiring, promotion, job assignment, termination, compensation, retaliation, and various types of harassment. The main body of employment discrimination laws consists of federal and state statutes. The United States Constitution and some state constitutions provide additional protection when the employer is a governmental body or the government has taken significant steps to foster the discriminatory practice of the employer.
[12] CURRAN, Simon, ‘When is a duck not a duck? The employee/independent contractor dichotomy’, Bulletin (Law Society of S.A) 26 (9) October 200etin (Law Society of S.A) 26 (9) October 2004: 23-26
“What are some of the defining characteristics of the future workforce a decade in the future and beyond?” It is abundantly obvious that workforce requirements of the future will be radically different than they are today.