BUS 475 Final Exams Study Guide 2024 Graded A

What components do you need from the organization first, before creating a staffing strategy? - -First step always: WHAT DOES THE BUSINESS NEED? -Business goals -strategy -upcoming projects -expansions -mergers -overall direction Why is it important to have a clearly defined staffing strategy? - -making key decisions about acquisition, deployment and retention -HR strategy seeks to align acquisition and management of the workforce with organization strategy -For staffing levels and staffing quality Be able to explain all Staffing Levels within a strategic staffing decision. - 1. Acquire or Develop Talent 2. Hire Yourself or Outsource 3. External or Internal Hiring 4. Core or Flexible Workforce 5. Hire or Retain 6. National or Global 7. Attract or Relocate 8. Overstaff or Understaff 9. Short or Long Term Focus Staffing Quality - 1. Person / Job Organization Match 2. Specific or General KSAO 3. Exceptional or Acceptable Workforce Quality 4. Active or Passive Diversity What are all Staffing Levels within a strategic staffing decision? How would you use these - Staffing Levels 1. Acquire or Develop Talent 2. Hire Yourself or Outsource 3. External or Internal Hiring 4. Core or Flexible Workforce 5. Hire or Retain 6. National or Global 7. Attract or Relocate 8. Overstaff or Understaff 9. Short or Long Term Focus Use: HR can use these different staffing levels to help determine how many and what kind of employees they need to fulfill their strategic plan as well as prepare for future surpluses, or shortages. Employee - contract made up between the employee and employer; (1) required to withhold employee payroll taxes (2) required to pay taxes (3) covered under the myriad laws and regulations governing the employment relationship, and (4) liable for the acts of its employees during employment Independent contractor - employer is free from tax withholding, tax payment and benefits obligations; employer cannot dictate how/where work will be done Temp - do not have special legal stature; coemployment - company vs staffing agency who is liable? Intern - (1) the training must be similar to that given in school, (2) the training experience is to benefit the intern, (3) the trainee does not displace another person and works under close supervision of the employer's staff, (4) the employer does not gain an immediate advantage from the trainee's activities, and on occasion operations may be hampered, (5) the trainee is not entitled to a job at the end of training, and (6) the employer and the trainee must understand that the trainee is not entitled to any pay for time spent Common Law - a court-made law consisting of case-by-case decisions of the court which determine over time permissible and impermissible practices and their remedies; individual to each state ex: Employment-at-will: an agreement between an employer and employee, both parties agree and can terminate the contract at any time "just because" *** constitutional law - Derived from US constitution and its amendments; supersedes any other law 5th amendment: don't have to testify against yourself 14th amendment: prohibits employers from violating an individuals rights of due process and equal protection Statutory Law - Derived from written statutes passed by legislative bodies - federal (Congress), state (legislature and assembly) and local (municipal) *** EEOC - Equal employment opportunity commission DOL - department of labor; all laws are EEO except 11246 which is part of civil rights act but for independent contractors Civil Rights Act of 1964 (Title VII) - Private employers with 15 or more employees Federal, state, and local governments Educational institutions Employment agencies Labor unions Race, color, religion, national origin, sex EEOC Age Discrimination in Employment Act - Private employers with 20 or more employees Federal, state, and local governments Employment agencies Labor unions Age (40 and over) EEOC *Statutory Law Americans with Disabilities Act - Private employers with 15 or more employees Federal, state, and local governments Qualified individual with a disability EEOC Civil Rights Act of 1991 - Amendments to 1964 Act What classes of individuals are currently protected under federal law? - Race, color, religion, sex, national origin California additions: ancestry, physical or mental disability, medical condition, marital status, age, sexual orientation What is the difference between "essential" and "marginal" duties according to the ADA? - Essential: Fundamental duties of the position, as defined by the frequency and criticalness ratings in a job analysis. Must be performed by all job holders. Marginal: Less important duties. Need not be performed by all job holders. Disparate treatment - allegations of intentional discrimination on basis of specific characteristics 1. The person belongs to a protected class. 2. The person applied for, and was qualified for, a job the employer was trying to fill. 3. The person was rejected despite being qualified. 4. The position remained open and the employer continued to seek applicants as qualified as the person rejected