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Shawnice JacksonStudent ID: S170038561/26/18                                       Human Resources Compliance in the WorkplaceIntroduction: As the HR Director of Jacksons Home Health, I have composed several legal guidelines that will apply to both internal stakeholders and interface stakeholders. The regulations must be followed at all times of being employed and having a stake in Jackson’s Home Health. I’ve found these guidelines to align with the organization’s mission; Building an employee-focused workplace that promotes respect, compliance, kindness, and leadership. To ensure high success for all stakeholders, it is essential to ensure legal compliance. Staying within compliance will allow the operations of the organization to function correctly in all departments in its day to day activates. All methods put in place to remain compliant with federal law have been and will continue to be updated to ensure the material delivered to all stakeholders are accurate. The material goes through a legal review by the organizations legal third-party representation as changes in the federal law change and the structure of the company transforms. Legal Compliance Framework: Jacksons Home Health hires and engages with individuals of many backgrounds. It is expected that any stakeholder with the organization is respected and acknowledged no matter the upbringing, beliefs, or characteristics of that individual or group.  During the interview and hiring process, throughout the remainder of employment with the organization, no stakeholder shall engage in discrimination against any party. Employment discrimination is; unfair treatment to any individual (organization stakeholders) out of prejudices based on race, gender, religion, national origin, physical or mental disability, age, sexual orientation, and gender. Discrimination is prohibited by this organization, and laws that are reinforced by the Equal Employment Opportunity Commission. Jacksons Home Health expects all potential employees to be considered based on their qualifications and skills. “The Americans with Disabilities Act (ADA) prohibits covered employers from discriminating against employees and applicants who are “qualified individuals with a disability.” Employers cannot discriminate against an individual based upon his or her association with a disabled person” (N. Barnes, J. Goods, 2005, pg. 49).  All situations of discrimination should be reported to HR through the Employee Self Service link on the Employers Intranet. All allegations shall be properly reviewed and investigated by the proper Human Resource member.   Any knowledge of discrimination shall be handled in the most sensitive matter. All allegations of discrimination will be investigated and properly disciplined. “In investigating these allegations, the investigator will be focusing not on individual behavior but whether certain decisions took place because of the person’s status or for a legitimate non-discriminatory reason” (Amy Oppenheimer, 2004, pg. 59). Any party involved with the organization that’s found guilty of discrimination can face unpaid leave, or termination without the possibility of reinstatement of employment with the organization, as well as personal legal action from the accusing party.  As a healthcare provider, Jacksons Home Health recognizes that as humans we all experience life-changing events. Some of those events can require a significant amount of an employee’s time to tend to those changes. The Family & Medical Leave Act allows employees to take unpaid leave for certain family situations. The following conditions can let an employee to take unpaid time not to exceed 12 weeks per the calendar year in order to tend to their family situation; “female employees who gave birth to a child, including any period of disability; male employees whose spouses give birth to a child; male or female employees caring for newly adopted children; and male or female employees that are caregivers for very ill or injured family members. Those family members include child/children, a parental, or husband/wife.” (A. Armenia, N. Gerstel, C. Wing, 2014, pg. 284). If employees find themselves in one of the listed situations, they are encouraged to use their FMLA in order or tend to the needs of their family matters. Employees can request FMLA using their Employee Portal account. The employee must complete all required fields in order or to submit an FMLA request. If the employee does not have access to their Employee Portal account, they may contact HR directly for assistance. Employees manager will be notified of FMLA time being utilized however to comply within HIPPA guidelines, the nature of why the FMLA time is being used will remain confidential unless you as the employee chooses to relay that information.  All employees are protected by the Minimum Wage & Fair Labor Standard Act (FLSA). No employee of Jacksons Home Health shall make under the minimum wage of $7.25 per hour. Often employees are required to work overtime based on the need for the organization. The FLSA requires all nonexempt employees to receive overtime compensation for any hours worked over 40 hours a week (7 calendar days). As of December 1, 2016, the U.S Department of Labor mandated that all employers are to pay overtime to all exempt employees that make under the amount of $47,476 annually.”The DOL has exercised that authority in regulations found at 29 C.F.R. Part 541, leading to the changes that take effect December 1. Under these regulations, the DOL has established three tests for exemption: • The salary level test: Exempt white-collar employees must be paid at a minimum salary level, currently $455 per week (but $913 per week after the new rules take effect). • The salary basis test: With only limited exceptions, exempt white-collar employees must be paid their full salary for any week in which they perform any work, regardless of the quality or quantity (hours) of work. The salary level and basis tests do not apply to lawyers, doctors, teachers or outside sales employees, and computer employees can be paid by the hour ($27.63). • The duties tests: The regulations set forth the job duties that an employee must perform to qualify as an executive, administrative, professional, computer or outside sales employee. “(L. Schreter, T. McCutchen, 2016, pg. 45.) Any manager that has direct supervision over any employee must be sure that the employee’s time is correctly reported by noon on every Sunday to meet the payroll deadline. All employees are responsible for logging their work hours into their Employee Portal account for management and payroll to have a clear understanding of hours labored in a work week. It is best practice for all line manager to make sure employees are not working unapproved overtime. Employees are to complete their workday within the normal 8-hour business day unless receiving written approval from management to work overtime. Overtime should be distributed based on the need for extra labor required to meet the organization’s needs.  The electronic notice for approved overtime will be sent to the employee’s email and must be submitted at least 24 hours before overtime is worked. Any employee that works unapproved overtime will receive a written occurrence for any time worked over 40 hours in a work week. Exemptions to this policy will be;·         The direct manager approved emergency overtime,·         The employer failed to send initial overtime approval·         The employee works no more than a maximum of 1 hour over the 40-hour work week. The employee must explain why they worked over the 40-hour work week in Employee Portal if they work between 45-60 minutes over the 40 hour work week.·         The employee’s salary is above $47,476 annually It is imperative to thoroughly read and understand the material provided, as all employees and interface stakeholders will be required to complete an exam semiannually based on the legal compliance framework outlined below. All persons that are required to review the legal policies must receive a 90% or higher on all the exam provided. Line managers will receive an email notification that employees under their direct supervision have completed the necessary exam by the given deadline of the assignment. Failure to complete the mandatory exam will be noted in the employee’s yearly evaluation. Failure to complete the exam by the provided due date twice within three years will result in a write-up, which will fall off of the employment record after one calendar year from the date of the occurrence. Failure by any interface stakeholder (board members, and voting investors) to complete and pass the legal compliance exam will result in temporary removal of voting privileges and decisions until the exam is completed. Once the interface stakeholder completes the vital assignment the stakeholder’s privileges as a board member and voting investor will be reinstated immediately, however, the instance of failure will be noted in board minutes. Failure to complete the necessary exam by the deadline twice within three years of initial failure can result in loss of board membership and investment. If such a decision must be made, the standing board and voting investors can vote to dismiss and replace the party who failed to complete the required items. The disciplinary actions listed above will be mandated in all listed cases for both interface and internal stakeholders to ensure the personal interest of learning & understanding the legal compliances, knowing your legal rights under the U.S Constitution, and to avoid litigation threats and situations to all interested parties of Jacksons Home Health. Conclusion: These policies are essential to understand and abide by to remain in compliance with the company’s regulations and the federal law. The procedures put in place to educate and monitor the stakeholders of Jacksons Home Health are in the best interest of the environment of the organization and the safety of the stakeholders. It is the stakeholder’s responsibility to seek help from an HR member if they find any of the material provided above unclear in any way. It is expected that all employees follow every policy the organization has put in place to avoid any and all disciplinary actions in the result of failure to comply. All feedback will be welcomed at the end of the exam; feedback will be used to enhance the exam and material provided for you legal compliance knowledge. Please complete the survey at the end of the exam to give the Human Resources department your overall opinion, comfort level, and understanding of the material delivered through the HR Legal Exam.    References:Amy Oppenheimer, (2004). Investigating Workplace Harassment and Discrimination. Employee Relations Law Journal, Vol. 29, No. 4, Spring 2004.Nancy M. Barnes and Jonathan A. Good, (2005), The Three-Headed Monster— ADA, FMLA, and Workers’ Compensation: How Employers Can Ensure Compliance, Employee Relations Law Journal, Vol. 31, No. 3, Winter 2005Amy Armenia, Naomi Gerstel, and Coady Wing, (2014), Workplace Compliance With the Law: The Case of the Family and Medical Leave Act. Work and Occupations: An International Sociological Journal Volume: 41 Issue 3Lisa A. Schreter and Tammy D. McCutchen, (2016), What General Counsel Need to Know About the DOL’s New Overtime Regulations, Employee Relations Law Journal, Vol. 42, No. 3, Winter 2016