Navigating Employment Law - Term Project.pptx

MSHR 605 Term Project

1. Navigating Employment Law Understanding, applying, and upholding employment laws

2. Introduction

3. The Importance of DEI Diversity, Equity, and Inclusion

4. When did DEI start?

5. What do these laws mean? These laws ensure that we do not discriminate against anyone. From the hiring process to the promotion process, and even the workplace environment. We want to ensure that everyone feels safe and welcomed into our company. We want everyone from any race, religion, gender identity, and sexuality to feel like they can thrive here. We want people who are pregnant or have a disability to feel like they belong here. And making sure this occurs starts with us: the management team.

6. The affect of a DEI forward team

7. What does this mean to me? Applications and Expectations

8. It’s about educating, not forcing I had the honor of sitting in on a lecture by Dr. Rohini Anand, who spoke of a time in which she had to deal with implementing DEI practices in Saudi Arabia. In this lecture, Dr. Anand (2021) spoke about the struggle of women in the workplace. While there has been a push to hire more women, there were laws in place that made it difficult. Dr. Anand brings up finding a middle ground, and not forcing the change on them as an outsider looking in.

9. What about pushback? “Doing away with DEI makes companies more – not less – susceptible to lawsuits, to costly levels of turnover among employees, reputational harm not only among employees but also among customers and clients and prospective partners who will refuse to work with a place.”

10. We want to:

11. Is that all? Other employment related laws that can apply to DEI

12. Other laws that apply to DEI include Equal Pay Act, 1963 aimed at abolishing wage disparity based on sex. Immigration Reform and Control Act, 1986 prohibits employers from knowingly hiring, recruiting, or referring for a fee any alien who is unauthorized to work.

13. How to protect ourselves and our employees through these laws? Equal Pay Act National Labor Relations Act The Wage Gap is still an issue today, decades later. By committing to be open and honest with our wages, we create a company where women want to work and thrive. In the same train of thought, we should create an environment where employees feel safe to speak about their wages. This is not taboo since this is protected under the National Labor Relations Act (1935).

14. How can we protect the company?

15. “Diversity is now a fundamental American value, housed in our varied and multicultural community that only continues to grow” The Risks How to avoid

16. We want to avoid…

17. Operations and Labor

18. What applies to operations and labor?

19. What do these laws mean? These laws are here to protect our employees from unfair practices. It helps make sure they are paid correctly, are safe from anything hazardous, and can come back to their exact position after a medical or family emergency. Just as we bargain for our salaries, employees have every right to do the same for their wages. They shouldn’t live in fear of losing their job if a family member becomes sick, or even themselves. And we should be providing a work environment where they are free of fear of injury, and if they are injured, they know they can ask us for assistances without fear of being fired.

20. What does this mean to me? Applications and Expectations

21. Is “Unions” a bad word?

22. Is Union busting worth it? “A U.S. labor agency is seeking to force Starbucks Corp , opens new tab to reopen 23 stores that were allegedly shuttered last year to discourage a nationwide union campaign, the latest case to accuse the coffee chain of illegal labor tactics.”

23. Bottom Line or Employee morale? Attract and keep exceptional employees by providing exceptional compensation. Employees aren’t productive if they’re searching for better jobs. Prove to your employees that you value them over profits. Low wages hurt your brand and social credibility. The higher the compensation the higher the expectations. Pay your employees well or your competition will instead.

24. What’s cheaper? Keeping our employees happy or lawsuits? “Maintenance workers at Disneyland in southern California are forced to use their own tools and deprived of overtime pay and breaks required by state law, according to a proposed class”

25. In relation to OSHA “OSHA's maximum penalties for serious and other-than-serious violations will increase from $15,625 per violation to $16,131 per violation. The maximum penalty for willful or repeated violations will increase from $156,259 per violation to $161,323 per violation”

26. What about FMLA? As we know, medical emergencies and family emergencies can be the most stressful things a person can go through, and then, not allowing them to have their position back upon returning from that emergency would only add more stress. Following the laws set by FMLA, we ease some of that stress, which our employees don’t need. The job security is the least we can do for them.

27. How can we protect the company?

28. Respect It comes down to respect. Following these laws show that we respect our employees. However, there are traps that we can fall in, and even our employees can fall in.

29. The Why Why are following these laws so important?

30. Why should we follow these laws?

31. References

32. Abouzahr , K, Krentz , M, Lorenzo, R, Tsusaka , M, & Voigt, N. (2018, January 23). How Diverse Leadership Teams Boost Innovation . Boston Consulting Group. https://www.bcg.com/publications/2018/how-diverse-leadership-teams-boost-innovation Americans with Disabilities Act, 42 U.S.C § 4498 et seq. (1990). https://www.dol.gov/general/topic/disability/ada Anand, R. (2021, July 7). Delving Deeper into Principle 1 . Dr. Rohini Anand. https://www.rohinianand.com/post/delving-deeper-into-principle-1 Bahr, K. (n.d.) Immigration Reform and Control Act (IRCA) . Eddy. https://eddy.com/hr-encyclopedia/immigration-reform-and-control-act-irca/ Barton, R. (2023, February 27). 8 Ways to Improve Workplace Inclusion in 2023 . U.S. Chamber of Commerce. https://www.uschamber.com/co/run/human-resources/how-to-improve-dei-in-your-workplace Civil Rights Act, Title VII 42 U.S.C. § 703 et seq. (1964). https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964 Disney. (2024, February 7). Women + Tech BERG Spotlight: Meet Four Female Technologists. Life at Disney. https://sites.disney.com/lifeatdisney/employee-stories/2024/02/07/women-tech-berg-spotlight-meet-four-female-technologists

33. Ellis, N.T., & Thorbecke , C. (2024, January, 11). DEI efforts are under siege. Here’s what experts say is at stake. CNN. https://www.cnn.com/2024/01/07/us/dei-attacks-experts-warn-of-consequences-reaj/index.html Emanuele, G. (2017, May 18). Why You Should Pay Your Employees As Much As You Can. LinkedIn. https://www.linkedin.com/pulse/why-you-should-pay-your-employees-much-can-galen-emanuele/ Equal Pay Act. 29 U.S.C § 209 et seq. (1963). https://www.eeoc.gov/statutes/equal-pay-act-1963 Exce . Order No. 11246, 3 CFR, 339 (1965). https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended Immigration Reform and Control Act. 8 U.S.C § 1324 et seq. (1986). https://www.eeoc.gov/history/immigration-reform-and-control-act-1986 Indeed. ( n.d ) 5 Advantages of Diversity in the Workplace. https://www.indeed.com/hire/c/info/benefits-of-diversity Josephson, Amelia. (2023, May 30). The Pros and Cons of Unions. Smartasset . https://smartasset.com/career/the-pros-and-cons-of-unions Maverick, J.B. (2024, January 5). What Are the Pros and Cons of Raising the Minimum Wage? Investopedia. https://www.investopedia.com/articles/markets-economy/090516/what-are-pros-and-cons-raising-minimum-wage.asp

34. National Labor Relations Act. 29 U.S.C § 158 et seq. (1935). https://www.archives.gov/milestone-documents/national-labor-relations-act Peck, E. (2023, November 27). DEI backlash hits corporate America . Axios . https://www.axios.com/2023/11/27/dei-affirmative-action-supreme-court Pregnancy Discrimination Act, 42 U.S.C. § 2000e et seq. (1978). https://www.eeoc.gov/statutes/pregnancy-discrimination-act-1978 Susmita , S. (2023, November 29). How Gender Pay Gap Affects Your Business . VantageCircle . https://blog.vantagecircle.com/gender-pay-gap/ U.S. Department of Labor. (2024, January 11). OSHA Trade Release . https://www.osha.gov/news/newsreleases/trade/01112024 Wiessner , D. (2023, December 14). Starbucks closed 23 stores to deter unionizing, US agency says . Reuters. https://www.reuters.com/business/starbucks-closed-23-us-stores-deter-unionizing-agency-claims-2023-12-14/ Wiessner , D. (2024, March 7). Disneyland not 'happiest place' for workers, wage lawsuit claims . Reuters. https://www.reuters.com/legal/litigation/disneyland-not-happiest-place-workers-wage-lawsuit-claims-2024-03-07/ Yoshino, K. & Glasglow , D. (2024, January 5). DEI Is Under Attack. Here’s How Companies Can Mitigate the Legal Risks . Harvard Business Review. https://hbr.org/2024/01/dei-is-under-attack-heres-how-companies-can-mitigate-the-legal-risks