Employer Penalties for Failure to Provide Individual Employee Notification Under the Family and Medical Leave Act: “Clarifications” Following Ragsdale v. Wolverine Worldwide, Inc.

This article examines the Supreme Court's ruling in Ragsdale v. Wolverine Worldwide, Inc. (2002) and considers its implications for employer and employee rights and responsibilities relative to implementing the FMLA policies. We provide an overview of the pre-decision regulatory environment including the general leave provisions of the FMLA and DOL's regulations requiring employer notification of leave designated as FMLA leave. We also identify those provisions that the decision did not alter and provide a broader consideration of the issues and implication of this decision for employers and employees.     

Temporary workers: Employee rights and employer responsibilities

As the number of temporary workers in the U.S. has increased dramatically over the past ten years, so, too, has social policy concent over the rights of temporary employees in the workplace and the responsibilities of employing organizations to them. This article first reviews the extent to which temporary workers can be considered “employees” of organizations and thereby be extended the same rights and protections as permanent, full-time employees. Then, the article reviews the current state of case law on the most salient legal issues pertaining to the treatment of temporary workers: discrimination, pay and fringe benefits, worker’s compensation, occupational safety and health, and union activity. The article concludes with the managerial implications of current labor law for compliance with legislative and judicial mandates.     

The employer as social arbiter: Considerations in limiting involvement in off-the-job behavior

This article analyzes the trend of increasing employer involvement in social issues through human resource policies that influence employee behavior off the job and away from the workplace. Many employers are increasingly acting as social arbiters—regulators of the private conduct, personal behaviors, and habits of their employees. Relying on historical perspectives from (1) an exchange transaction economic view of the employment relationship, and (2) the origins and nature of the corporate form, a framework is developed to analyze the conditions under which employer involvement in employee personal matters may be appropriate. Our criteria generally guide an employer to act conservatively in invoking mandatory policies that affect employees' personal lives unless there is a clear individual employee performance problem or the personal behavior imposes harm on employees or customers. Two tests should be satisfied for mandatory programs: (1) the policy must have a discernible impact on the employee's performance on the current job based on individually based data, or (2) the behavior poses an immediate danger to or has an established discernible impact on the safety of co-workers or customers. The difficulties that may arise in administering specific polices such as no smoking, drug and medical testing, child care, and fitness policies are discussed.     

The challenge of responsibilities: Confronting the revolution in workplace rights in modern organizations

The contemporary world of work is experiencing a revolution in workplace rights thinking and practices. Included among factors related to this are professionalization and technocracy, management orthodoxy, corrupt organizational structures, the moral ineptitude of business education, the increasing size of the working population, worker mobility, worker diversity and the variegated cultural milieu, the growth of highly paid and very powerful workers, favorable solons, and supportive justices. Demands for protection and respect of rights are expressed in a variety of ways ranging from the statutory or economic to the ethical or psychological. Because of the correlative link between rights and responsibilities, organizational researchers and practitioners should be concerned with identifying various responsibilities implied by various employer and employee rights. Of equal importance is the challenge of examining in detail these responsibilities and how the strategies suggested by them can be used to manage specific employee rights in the contemporary workplace.     

Employee rights and organizational forms: An integrative framework for research

The goal of this study is to stimulate thought and provide initial direction for theory development and empirical investigation in regard to proposed linkages between employee rights concerns in the work environment and organizational forms. A review of pertinent literature on the subjects of organizational forms and employee rights is presented, in which a summary and critique of the current state of theory and research is emphasized in relation to those components of the two subject areas that are most relevant to the aims of the study. Following this review, the article undertakes a synthesis and integration of existing work, bringing together two scholarly fields of inquiry that have not been incorporated previously, and providing suggestions to establish critical associations and fill conceptual gaps. In this respect, the study constitutes a “first step” in the development of an orientation that accentuates the complementarity of perspectives concerning employee rights and organizational forms.     

Sexual harassment: Rights and responsibilities

This article briefly reviews the development of a philosophy about sexual harassment at work and legal protection for victims of harassment. It then focuses on the rights and responsibilities of three groups affected by sexual harassment: the target of harassment, the alleged harasser, and the employing organization. A discussion follows regarding the current status of the rights and responsibilities of the relevant parties as well as opportunities for abuse of rights and abnegation of responsibilities.     

A stakeholder perspective of employee responsibilities and rights

This article offers a perspective that serves as an alternative to dealing with workplace issues within the framework of managerial capitalism. In accomplishing this, the article questions managerial capitalism by drawing from some of the same arguments used to justify it—such as those based on corporate morality, the law, notions of bureaucracy, and social construction of reality. Introducing and applying a strategy of inquiry known as deconstruction helps fulfill the underlying analysis. The result is an articulation of a stakeholder perspective of employee responsibilities and rights. This is an extended version of an Invited/Guest Paper presented to the Study Group on Employee Rights and Industrial Justice of the International Industrial Relations Research Association, at the 43rd IRRA Annual Meeting, Washington, D.C., December 27, 1990.     

The civil rights act of 1991: Legislative responses to judicial decisions

The Civil Rights Act of 1991, among other things, responded to nine different Supreme Court decisions. Seven of these dealt with issues of statutory construction, while one was concerned with the Federal Rules of Civil Procedure, and still another with a judicial response to yet another judicial decision. With one exception, the decisional subject matter varied widely. Some of the responses bestowed employee rights directly (as with Americans abroad), while others were more remedial, dealing with court situations in which employees sought rights such as expert fee shifting. Overall, the 1991 Act importantly perpetuated an already established recent trend adding a new interactive dimension to thede jure granting of employee rights by the branches of the Federal Government.     

Review of no-fault absenteeism cases taken to arbitration, 1980–1989: A rights and responsibilities analysis

No-fault absenteeism control programs represent an emerging counterpoint to traditional misconduct-based approaches. By altering the policies governing absence in the work place, the rights and responsibilities of both the employee and employer may be modified. This article examines the arbitral standards applied in the disposition of grievances arising under no-fault absenteeism plans. Arbitration cases from 1980 to 1989 are analyzed; a taxonomic structure for reviewing arbitrator rulings on the unilateral imposition of no-fault programs, as well as discipline and discharge arising under no-fault policies, is developed. While advocates of no-fault plans have asserted that arbitrators will embrace these plans, the results of this analysis indicate that arbitrators will infuse standard elements of reasonableness and just cause into no-fault policy. Trends in arbitral standards in absence cases, policy-making strategies for managements and unions, as well as implications for the rights and responsibilities of employees and employers are outlined.     

Corporate environmental responsibility,employer reputation and employee commitment: an empirical study in developed and emerging economies

Employer reputation is relevant not only to attract but also to retain qualified employees. While in the past financial incentives have been the most important instrument, corporate environmental responsibility (CER) is becoming more and more relevant as a determinant for employer attractiveness and employee commitment. On the basis of signaling theory, we conducted an empirical study among 215 firms in China, Germany, India and the USA. Our results reveal that green strategy & culture, green technology & products, green recruitment & evaluation and green communication positively influence the environmental reputation of a company as an employer and in turn employee commitment. The signaling effects of these CER activities are similar in Germany and the USA (developed economies) as well as in China and India (emerging economies). An exception is green communication, which has a more positive effect on environmental reputation in developed economies. We conclude with managerial and theoretical implications as well as recommendations for future research.     

The equal pay act: Responsibilities and rights

The Equal Pay Act of 1963 (EPA) requires that men and women receive equal pay for equal work. Plaintiffs who claim discrimination on the basis of the EPA may settle out of court, or may bring legal action in the courts. Employers possess specific rights under the law, and can defend themselves against charges of discrimination through a number of “employer defenses.” These defenses involve providing that pay differences are based on seniority systems, merit systems, production systems, or “any other factor other than sex.” This article will also discuss the impact of court decisions that have further honed the responsibilities and rights of both employees and employers under the EPA.     

Employee and management rights and responsibilities under the Americans with Disabilities Act (ADA): An overview

The Americans With Disabilities Act (ADA) significantly expands the rights of disabled individuals in their access to employment opportunities, services, telecommunications, public accommodations, and transportation. This article provides an overview of the ADA with a particular emphasis on employment issues under Title I of the Act affecting the rights and responsibilities of disabled employees and employers. Permitted and prohibited actions by employers are discussed, as well as factors used to determine the definition and application of key terms under the Act. Some potential impacts of the ADA on the interests of disabled individuals and employers are discussed. Recommendations for effective management policies to comply with the employment provisions of the ADA are also included.     

Workers,communities, and industrial property: An emerging language of rights

Out of recent national debates and local struggles over plant closings, an alternative language of industrial property rights has emerged. This language places the rights of workers and communities above, or on a par with, those of owners and managers. While this new language of rights coexists with more traditional conceptions of owner/manager prerogatives, its emergence suggests that rights of property ownership, which are often seen as relatively immutable structural constraints upon the capitalist labor process, may themselves be contested and subject to change.     

The Influence of Environmental Pressures, Diversification Strategy, and Union/Nonunion Setting on Employee Participation

This study tests the hypotheses that environment, diversification strategy, and union/nonunion setting affect the number and variety of employee participation programs. A survey of large U.S. manufacturing firms measured the implementation of employee participation programs. Regression results suggest that environmental pressures exert a direct effect on participation in union settings. However, in nonunion settings, environment and diversification strategy both correlated directly with participation. These results suggest that unions could potentially affect participation program implementation.     

Beyond the line: exploring the HRM responsibilities of line managers,project managers and the HRM department in four project-oriented companies in the Netherlands,Austria, the UK and the USA

The topic of what human resource management (HRM) responsibilities are devolved from the HRM department to line managers has attracted much interest in recent years. We report findings from a study on the devolution of HRM practices in four project-oriented companies (POCs) and argue that although HRM practices are carried out beyond the HRM department, they are also carried out beyond the line. While the literature on devolving HRM responsibilities to line management is burgeoning, the HRM responsibilities of managers beyond the line organization are neglected. We make two contributions to the literature. Firstly, our study reveals that some HRM practices are the domain of the project manager rather than either the line manager or the HRM department. The complex interplay of the roles of the HRM department, line management and project management creates challenges and pitfalls where people are managed across the boundaries of the permanent and temporary organization. We identify a potentially powerful role for the HRM department in both monitoring and guiding the different players from the line and the project organizations, and in protecting the well-being of employees whose work traverses these organizational boundaries. Our second contribution is that we map the diversity of practices in different POCs for managing the interplay between the three main parties delivering HRM practices and offer project orientation as a contextual indicator that contributes to diversity in HRM practices.     

Employee Voice,Supervisor Support,and Engagement: The Mediating Role of Trust

Developing employee engagement has been one of the major areas of interest in the field of human resource management (HRM), and research identifies the positive effect that engagement has on both employee and organizational performance. However, while research on engagement has been substantial, there have been limited studies on key variables such as supervisor support, voice, and trust. We examined the role of supervisor support and direct voice on engagement experienced by nurses and the mediating role trust plays in those relationships. Data were collected though an online survey of 1,039 Australian nurses and analyzed using structural equation modeling. As hypothesized, results showed that both supervisor support and direct voice are positively associated with employee engagement, and these relationships are mediated by supervisory and senior management trust, respectively. The implications of the results for human resource (HR) practitioners are discussed and include the challenge of resourcing effective direct voice systems and enlisting the support of supervisors in order to impact on the engagement of nurses who are the “front line” of the health sector. © 2016 Wiley Periodicals, Inc.     

Barriers to employee rights: Gender,selection, and the labor process

This article applies a labor process analysis to the issue of employment rights in the particular context of gender inequality and unlawful discrimination in the recruitment process. It criticizes conventional perspectives on employee rights for their failure to examine critically managerial power and prerogative and its implications for gender inequality. The article outlines two particular labor process theories of gender divisions and inequality. In exploring the strengths and weaknesses of these more critical perspectives, the article highlights the analytical significance that they ascribe to power asymmetries in the labor process and labor market. Building on this perspective, the analysis then presents empirical data on gender discrimination in the selection practices of contemporary UK organizations. The research material reveals how gender discrimination can be reproduced, rationalized, and resisted. These empirical findings are theorized through a combined labor process analysis of power, knowledge, and identity in recruitment practices. We conclude that labor process analysis facilitates our understanding of the deep-seated barriers that continue to impede the protection of employee rights in workplace practices.     

Rights and responsibilities of dissent: Cooperative conflict

Cooperative conflict research supports the value of the right to dissent and self-expression as contributing significantly to organizational effectiveness. Through conflict, problems are identified, and solutions created and accepted, and a sense of justice and fairness established. Research also proposes a corresponding responsibility that employees and employers should establish a strong cooperative context for managing conflict. Structuring a conflict-positive organization is a powerful way to capture the benefits of conflict and support the right of dissent.     

The Relationship Between Employee Fit Perceptions,Job Performance,and Retention: Implications of Perceived Fit

Meaningful work has become an increasingly important job outcome for individuals in recent years. Studies indicate that many employees lack experienced meaningfulness in their work and that organizations have not done a good job at creating meaningful and emotionally satisfying work experiences for employees. A person–job fit approach to meaningful work and employee retention is described that consists of matching individual self-concept with job tasks and behaviors. It is proposed that this self-concept–job fit will be strongly related to meaningful work. It is also proposed that meaningful work is related to important outcome variables valued by organizations, such as increased worker performance and employee retention. Path analysis supports the proposed relationships. Implications for human resource management activities and future research are discussed.     

Betwixt and Between: The Dilemma of Employee References

Concerns have arisen over employers' collection and sharing of information about employees, especially employment references. As a result of the dramatic growth in the number of lawsuits brought by employees, many employers have seriously curtailed the information they release concerning current and former employees. However, even the refusal to release information carries a legal risk. Employers who do not obtain information concerning applicants can be liable for negligent hiring, and those who knowingly withhold negative information regarding their former employees may be liable for negligent referral. This paper explores these expanding liabilities and suggests strategies to allow employers to manage the risk of communicating employee references.