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Overtime Pay Issue Case Analysis

Write a 2-3 page analysis in which you summarize a case involving overtime and related pay issues, identify the central issues related to the alleged errors, and describe the outcome of the case. Offer your opinion of the reasons the employee should or should not have been paid overtime wages.

Introduction

In this assessment, your challenge is to investigate pay and benefits issues as they relate to the law and conflict in the workplace. You will review the issues of pay and benefits and how they can be some of the hottest issues in human resources today.

Pay and Benefits

Fair compensation for a fair day’s work seems a relatively straightforward concept, but it only takes one glance at a newspaper to see that the stories of inflated chief executive pay, lost pensions, and deferred benefits have become serious concerns.

This assessment examines how these policies are administered and the decision-making process behind them. While many may have been embroiled in the topic of how much CEOs are paid, you will be more concerned with how the payment structure was set up, who decided it, and whether it was within the policies of the organization and the laws protecting every employee in their employee agreement.

Employment Law Violations

It seems that one of the most widely publicized employment law violations relates to companies who fail to properly pay overtime to their employees. We see commercials on television related to this topic, and well known companies are often in the news for violating this law.

Most employers are required to pay overtime according to federal and state law. Overtime is 50 percent of the employee’s hourly wage, which means the employee is paid “time and a half” for each hour of overtime worked. There are many exceptions to overtime laws, but generally speaking, employees eligible for overtime are “nonexempt” employees, and those not eligible for overtime are “exempt” employees.

Most state and federal laws set a weekly overtime standard. This means that non-exempt employees who work more than 40 hours per week are to be paid overtime for all time worked above 40 hours. Some states (such as California) have daily overtime standards in addition to the weekly standards. This means that non-exempt employees are paid overtime for all time worked above eight hours per day, even if they do not work 40 hours in a week.

It is essential for HR practitioners, and all members of management, to understand how to properly classify employees and accurately record their time to avoid these types of violations. The laws are complex and can be somewhat confusing because of the number of exceptions to the rules.

Use the Capella library and the Internet to find and research a case involving overtime and related pay issues.

Then, write a 2–3 page analysis in which you complete the following:

  • Summarize the case.
  • Describe the central issues of the case and specifically address the company’s alleged errors.
  • Describe the decisions that were made and the outcome of the case.
  • Clarify your opinion regarding the reasons why this employee should or should not have been paid overtime wages; describe how the company can avoid similar charges in the future; and describe how the court applied these criteria to the facts of the case to reach its decision.

Additional Requirements

  • Written Communication: Written communication should be free of errors that detract from the overall message.
  • APA Formatting: Resources and citations should be formatted according to current APA style and formatting guidelines.
  • Font and Font Size: Times New Roman, 12 point, double-spaced. Use Microsoft Word to complete the assessment.
  • Length: A minimum of two pages, excluding title page and reference page (150–300 words per question).

Competencies Measured

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.
    • Describe the issues in the case.
  • Competency 3: Apply the laws and safety issues in the workplace.
    • Describe your opinion on the decision regarding overtime pay.
  • Competency 5: Create strategies for recovery.
    • Describe the decisions that affected the outcome of the case.
  • Competency 6: Communicate in a manner that is scholarly, professional, and consistent with expectations for members of the human resource profession.
    • Communicate in a manner that is scholarly, professional, and consistent with expectations for members of the human resource profession.

Wrongdoing in the Workplace

Write a 1-2 page summary of an employment accountability- or ethics-related event that, in your opinion, has had the largest impact on the workplace today.

Introduction

In the previous assessments, you examined the evolution of employment law and the changing rules in the workplace. You considered the rules of the employee-employer relationship and the related laws. This assessment looks at the core issues related to employment law in the workplace today and how they might be changing the way we work.

It certainly seems that there is a lot of wrongdoing in the workplace. In this assessment, you will move away from the common understanding of discrimination and move toward a legal grounding in what constitutes wrongdoing. Of particular interest are the current hot issues in the workplace that we read about every day.

Ethics Violations

Ethics violations put executives on the front pages of newspapers, in the courtrooms, and sometimes in jail cells. However, to examine ethics violations without considering human resources policy issues would be a mistake. This assessment tests your ability to put these issues in a broader context and look at the employment relationship that was established on the date of hire and the communication and accountability that occurred during the employment period. The Department of Labor is very explicit about defining accountability and continues to broaden the definitions over time. It is reasonable for companies to claim that employees, especially managers, are responsible for their actions and words with staff, even outside of the workplace.

Accountability

Creating a policy and placing it in a binder or on a Web site is not enough to absolve companies of individuals’ wrongdoings. Moreover, identifying the wrongdoing by terminating individuals is not enough. Over the years, legislation has aimed to punish corporations financially when their employees have committed misdeeds. It is hoped that with the law getting stronger, behavior and working interactions are getting better.

Use the Capella library and the Internet to research an event that, in your opinion, has had the largest impact on the workplace today.

Then, write a 1–2 page summary that reflects the importance of this event. In this summary:

  • Identify an event that greatly impacted today’s workplace.
  • Describe why you believe the event you chose is significant.
  • Discuss the event’s relation to current trends.
  • Relate the event to a personal experience. This can be the experience of a friend, coworker, relative, or yourself.

Additional Requirements

  • Written Communication: Written communication should be free of errors that detract from the overall message.
  • APA Formatting: Resources and citations should be formatted according to current APA style and formatting guidelines.
  • Font and Font Size: Times New Roman, 12 point, double-spaced. Use Microsoft Word to complete the assessment.
  • Length: A minimum of 1–2 pages, excluding title page and reference page (150–300 words per question).

Competencies Measured

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

  • Competency 2: Analyze trends and changes in the laws on diversity, gender, and harassment.
    • Discuss event’s relation to current trends.
  • Competency 3: Apply the laws and safety issues in the workplace.
    • Identify an event that impacts today’s workplace.
    • Describe personal opinion on event’s significance.
  • Competency 6: Communicate in a manner that is scholarly, professional, and consistent with expectations for members of the human resource profession.
    • Communicate in a manner that is scholarly, professional, and consistent with expectations for members of the human resource profession.

Employment Testing

Write a 2-3 page analysis of a legal case that addresses the legalities of employment screening exams used in the selection process.

Introduction

Employers often use employment tests to screen applicants and to assist in selecting the most qualified individual for the job. They can be very effective tools. There are many different types of tests, including cognitive tests, credit checks, criminal background checks, and medical examinations.

However, it is important to understand the legalities of these employment tests. Their use can violate anti-discrimination laws if an employer uses them to discriminate based on race, color, sex, national origin, religion, disability, or age (40 or older). The use of these tests can also violate antidiscrimination laws if they disproportionately exclude people in a particular protected group, unless the employer can justify the test or procedure under the law.

In Assessments 1 and 2, you reviewed the overall aspects of employment law and trends in the workplace. This assessment introduces you to some of the issues that relate to the selection process and to the monitoring of behavior to sustain good decisions and prevent wrongdoing—a key concept in this course on legal issues. You will begin by looking at the details of the law. You will discern which practices are effective and which only cause extra work when working within the intent of the law.

Employment Policies

Employment policies are the first topic. Many of the earliest contracts were based on a handshake and the trust between two people. However, not everyone was trustworthy. Therefore, it was natural that a system of checks and balances emerged to bolster the contractual arrangement as well as mediate conflict and punish wrongdoing. It is no different in today’s environment. Setting up appropriate criteria and using those criteria to make the best decisions is an ongoing challenge.

Diversity

Diversity in the workplace refers to the variety of differences between people within an organization. Diversity encompasses many factors, including race, age, ethnicity, religion, and education. The topic of diversity has had a significant influence on policy and law creation and development, and an organization’s success today largely depends on its ability to embrace and manage diversity effectively.

In this assessment, you will examine the impact diversity has had in the workplace by discussing the laws that address discrimination. You are also encouraged to consider affirmative action and Executive Order 11236 as you review this assessment’s Questions to Consider.

To prepare for this assessment, use the Capella library and the Internet to research a legal case that addresses the legalities of employment screening exams used in the selection process.

Then, complete a 2–3 page analysis in which you include the following:

  • Provide a description of the case.
  • Summarize the important issues in this case.
  • Include a detailed discussion of the outcome.
  • Address the evidence of discriminatory effects, and discuss the distinction the court is drawing between job-relatedness and business necessity.
  • Finally, offer your opinion regarding the reasons you are for or against the outcome of your case, along with your supporting rationale.

Additional Requirements

  • Written Communication: Written communication should be free of errors that detract from the overall message.
  • APA Formatting: Resources and citations should be formatted according to current APA style and formatting guidelines.
  • Font and Font Size: Times New Roman, 12 point, double-spaced. Use Microsoft Word to complete the assessment.
  • Length: A minimum of two pages, excluding title page and reference page (150–300 words per question).

Competencies Measured

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.
    • Describe important issues in the case.
    • Discuss the outcome of the case.
  • Competency 2: Analyze trends and changes in the laws on diversity, gender, and harassment.
    • Discuss the evidence of discriminatory effects.
  • Competency 3: Apply the laws and safety issues in the workplace.
    • Discuss court distinctions.
  • Competency 4: Implement the mission, vision, and values to impact organizational culture.
    • Discuss personal opinion on the outcome of the case.
  • Competency 6: Communicate in a manner that is scholarly, professional, and consistent with expectations for members of the human resource profession.
    • Communicate in a manner that is scholarly, professional, and consistent with expectations for members of the human resource profession.