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Labor
The discussion throughout these materials has focused on economic resources, such as land, labor, and capital. This page addresses the economic resource of labor.
Labor encompasses
the physical and mental talents of individuals, including their ability
to create tangible items, formulate ideas, and make decisions.
This page addresses trends in employment (labor needs), human resource management (including hiring, training and reviewing), employment laws and several concepts that impact worker productivity.
Trends in Labor Needs
Technology continues to impact how our national and global economy produces goods and services. The following links point to discussions about trends in labor needs. Consider why these trends are occurring and how these trends may impact us in the future.
Tomorrow's
Jobs. U.S. Department of Labor: This site provides "projections of the
labor force and occupational and industry employment"
Overview of Human
resource management
Resources: Kay, Chapter 21; Daft, chapter 12 (pp. 426-456)
Human
resource management can be defined as building human
capital. Daft mentions recruiting, training and rewarding as components of human resource management. An alternative list could be recruiting, explaining, training, assessing, and rewarding.
Managing human resources (generally employees, but also could include defining the roles for co-owners or unpaid family members) poses challenges for numerous reasons. For example:
- Employment opportunities vary; there are full-time positions, part-time positions, positions offering flexible hours, and positions that can be met by telecommuting. No one management practice will work for all employment relationships.
- Another challenge is forecasting
the types and times when labor will be needed. How would a manager describe labor needs and plan to assure those needs are met? Can practices used to manage other economic resources, such as capital, be adapted to help manage labor? For example, how would a labor management plan compare to a cash flow budget? HINT -- both efforts deal with a resource (capital v. labor); both deal with the timing of need and availability. However, unused labor cannot be stored and carried over to a subsequent time period, and one type of labor or skills cannot be used to meet another type of labor need (such as, a mechanic may not be an effective herdsman). This is different than capital wherein a dollar can be used anytime a dollar is needed.
- Planning or managing labor has some
characteristics similar to planning the business cash needs -- consider the quantity and timing of need.
- Scheduling workers can be similar to planning or managing cash flow; that is, when and how much is needed.
- Recognize difference
between quantity of labor available and quantity of labor needed,
especially when more labor is available than needed.
- How is planning labor different than planning or managing cash flow? Consider variety of labor needs and variety of workers'
skills.
- Differences between
labor and the other resources of land, capital, information and risk
- Similarities between
managing cash (capital) and labor? Differences between managing
cash and labor?
- "Cash is cash" and one dollar can be substituted for another dollar; but one worker cannot necessarily be substituted for another worker with different skills.
- How quickly can a manager find another worker or release an unneeded worker; compare this to how quickly a manager can identify an alternative use for cash (such as deposit it in a bank account) or borrow cash when needed?
- A challenge in developing an employment position is describing the responsibilities and tasks, developing a description of the employment opportunity (that is, announcement of the opening), and planning to subsequently review or assess the employee's performance.
- After planning the position, the manager will be challenged with
- Recruiting -- where do we find workers?
- Selecting (review application,
interview, use a screening test) -- what questions can be asked, what questions cannot be asked,
and what questions must be asked?
- Training and
development -- is this a one time event or an ongoing process? Is training mandatory or voluntary?
- Conducting performance
appraisal or review -- will these be held on a regular schedule? Will the review be an opportunity to refine responsibilities and objectives?
- Developing a plan for compensation and benefits -- what is needed to be
competitive? what is needed to motivate? what is needed to be fair to the employer and employee?
- Terminating an employee; how does an employer document the steps taken leading to termination?
- The economic
return to labor is a wage.
- Is
labor a fixed cost or a variable cost? Does it make a difference
to the manager or the decision making process whether the cost of labor
is fixed or variable? Why?
- Labor efficiency
-- cost of labor per unit of output -- we will not discuss at this time
- What skills are
necessary to coordinate/supervise workers? What is your answer
to this question?
- communication
skills, leadership skills, understand the business, ethical values,
recognize that "if it is important to others, it is important
to you," patience, ????
- Employing others
-- what does the manager need to consider? Recruit, interview, select, employment agreement, wages/salaries,
benefits, incentives, training, motivation, communication, evaluation
- Steps in Employing Others
- Position description and related documents -- inform employee of responsibilities and performance expectations
- Sample position
description -- NDSU
- Another
example of a position description
- Managers
need to fully understand the position (its activities and responsibilities) to prepare the position
description.
- Managers, when preparing the position description, should be anticipating subsequent responsibility reviews; the position description should provide the foundation for determining whether the employee is adequately performing the tasks.
- A position description is not the same as a position announcement or advertisement, but a position description should be the basis from which a position announcement or advertisement is developed.
- Use the position description as the foundation for the orientation/training process for new employees.
- Consider including "work safely" and "professional development" as two responsibilities in each position description. Including these as explicit responsibilities makes it clear that the employer expects the employee to meet these expectations. It also makes it easier to discharge workers who do not work safely or who refuse to advance their skills as needed by the employer/business.
- Distinguish between "minimum" or "required" qualifications and "preferred" or "desired" qualifications.
- Update position descriptions as needed; do not allow a position description to limit the employee's growth or innovation. Be sure that employee and supervisor both fully understand the updated position description.
- Have the supervisor and employee review, sign and date the position description when the person is hired or when the description is updated.
- Position announcement/advertisement
- Employer's
personnel policy -- details about the employment relationship, such as work hours, leave policy, sick leave
policy, responsibility review policy, ... These points could be
incorporated into the position description, but it is more common
that they are developed as a policy and then cross-referenced with
the individual position description. Recognize that these
policies and the position description may be treated as a contract;
that is, these documents set forth the obligations and responsibilities
of the employer and employee.
- What
might be an advantage of having employment policies not included
in individual position descriptions? What may be a disadvantage
of having the employment policies in a separate document?
- A letter of employment (provided by the employer to the employee at the time the employee is hired) is another opportunity to clarify issues such as starting salary/wages, work hours, leave policy, benefits, etc.
- Employment is a contract, no different than a lease is a contract. However, employment contracts often are not documented as other contracts are documented, such as a lease, a loan, or a purchase agreement. Instead, the terms of an employment relationship generally are discerned from a collection of the position description, employment policies and letter of appointment. recognize that developing these documents is laying the foundation for a legal relationship.
- However, employment contracts, even explicit employment contracts, often are not enforced against an employee because enforcement may cause the employee to decide to stay on the job rather than face the consequences of breaking an employment contract -- and no one wants an employee who does not want to be there. Accordingly, employment contracts often are not enforced against an employee -- but often will be enforced against the employer.
- Responsibility Review
- Sample
responsibility review -- NDSU
- Note the
importance of the review process and document resulting from the review. Also note the
use of several channels of communication and the richness of
the channels.
- Another
example of a responsibility review
- Document the responsibility review.
- Use the review as a time to "look backwards as well as forward; that is, "what did you accomplish and what will you accomplish in the future?"
- Have both the supervisor and employee sign and date the review document to establish that both are aware of the document, even if they do not fully agree on the content of the document.
- A third example of a responsibility review
Attendance |
Good |
Fair |
Poor |
Reprimands |
No |
Yes,
explain |
Behavior |
Good |
Fair |
Poor |
Cooperativeness |
Good |
Fair |
Poor |
Care of
Equipment |
Good |
Fair |
Poor |
Initiative |
Good |
Fair |
Poor |
Adaptability |
Good |
Fair |
Poor |
Work Quality |
Good |
Fair |
Poor |
Productivity |
Good |
Fair |
Poor |
Plant Rules |
Good |
Fair |
Poor |
Safety |
Good |
Fair |
Poor |
Job Knowledge |
Good |
Fair |
Poor |
Dependability |
Good |
Fair |
Poor |
Comments
(strengths, areas for improvement, etc) |
- Do not overlook
the importance of orientation/training/professional development.
- These example
formats do NOT include records of dates and hours worked, salary
or wage rate, amount earned, taxes withheld, taxes paid, or leave
time taken. Consider working with a professional (such as
an accountant) in developing a record keeping system for such information.
Labor Laws and Regulations
Even though employment is a
contract between the employer and employee, society, through labor laws, has try to assure a level of fairness between employer and employee (based on the assumption that the employer almost always has the better or stronger negotiating
position). Labor laws in the United States are a combination
of federal and state laws; the law that provides the employee the
most protection or benefit will apply, whether it is a federal or
state law.
One legal question is whether the worker is an employee of the employer, or an independent contractor.
- N.D.C.C. §65-01-03. Person performing service for remuneration presumed
an employee.
Each person who performs services for another for remuneration is
presumed to be an employee of the person for whom the services are
performed, unless it is proven that the person is an independent
contractor under the "common law" test. The person who
asserts that a person is an independent contractor under the "common
law" test, rather than an employee, has the burden of proving
that fact.
- N.D.A.C. §27-02-14-01(5)(b) lists 20 factors to consider in determining "whether sufficient control is present
to establish an employer-employee relationship.
Laws relating to employment (that is, the worker is not an independent contractor)
- Right to work
(authorized
workers and I-9 Form)
- "employers
may hire only persons who may legally work in the U.S., i.e.,
citizens and nationals of the U.S. and aliens authorized to
work in the U.S. The employer must verify the identity and employment
eligibility of anyone to be hired, which includes completing
the Employment Eligibility Verification Form (I-9). Employers
must keep each I-9 on file for at least three years, or one
year after employment ends, whichever is longer."
- "The
federal minimum wage for covered, nonexempt employees is $5.15
per hour... In cases where an employee is subject to both the
state and federal minimum wage laws, the employee is entitled
to the higher of the two minimum wages."
- ND
brochure
- Posters are a common means of providing employees
notice of their legal rights under federal and state laws; employers
are mandated to post several such documents.
- "There are nine State and Federal posters that North Dakota employers are required to post in an area or areas readily accessible to all employees." see ND Department of Labor -- Posters
Overtime (federal)
- "An
employer who requires or permits an employee to work overtime
is generally required to pay the employee premium pay for such
overtime work. Employees covered by the [law] must receive overtime
pay for hours worked in excess of 40 in a workweek of at least
one and one-half times their regular rates of pay. The FLSA
does not require overtime pay for work on Saturdays, Sundays,
holidays, or regular days of rest."
Brief discussion of minimum wage and overtime
- Child
labor
(federal and state)
- "Child
labor provisions under FLSA are designed to protect the educational
opportunities of youth and prohibit their employment in jobs
that are detrimental to their health and safety. FLSA restricts
the hours that youth under 16 years of age can work and lists
hazardous occupations too dangerous for young workers to perform."
source
- Agricultural
Employment: "In farm work, permissible jobs and hours
of work vary by age... Minors of any age may be employed by
their parents at any time in any occupation on a farm owned
or operated by his or her parent(s)."
- Occupational
safety (federal)
- OSHA
guide sheet: "setting standards ... to ensure employers are providing safe and healthful workplaces. OSHA standards may require that employers adopt certain practices, means, methods or processes reasonably necessary and appropriate to protect workers on the job. Employers must become familiar with the standards applicable to their establishments and eliminate hazards. Compliance with standards may include ensuring that employees have and use personal protective equipment when required for safety or health. Employees must comply with all rules and regulations that apply to their own actions and conduct.
Even in areas where OSHA has not set forth a standard addressing a specific hazard, employers are responsible for complying with the OSH Act's "general duty" clause [which] states that each employer "shall furnish ... a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.""
- Agriculture
regulations (29 CFR Part 1928) -- note the production ag topics addressed in the regulations:
- Storage and handling of anhydrous ammonia
- Slow-moving vehicles
- Roll-over protective structures (ROPS) for tractors and
employee operating instructions
- Guarding of farm field equipment, farmstead equipment, and cotton gins.
- Workers
compensation (state)
- N.D.C.C. §65-01-01. ...for workers injured in hazardous
employments ... [workers compensation provides] sure and certain
relief ... regardless of questions of fault ...
- Employers
pay an insurance premium
- Exception
for agricultural workers -- N.D.C.C. §65-01-02 (21). "Hazardous
employment" means any employment ... except: a. Agricultural
or domestic service...
- Liability
insurance for firms that do not carry workers compensation.
- Withholding taxes
(federal)
- Wage garnishment
(state)
- N.D.C.C. §32-09.1-02. Any creditor is entitled to
proceed by garnishment ... to execute on earnings of a debtor while those earnings are held by [an]
employer.
- The court is ordering an employer to retain a portion of the employee's wages and pay them to the employee's creditors.
- N.D.C.C. §32-09.1-14. If [an employer] willfully fails to [comply], the court ... may render judgment
against the [employer] for an amount not exceeding the [creditor's claim against the employee].
- N.D.C.C. §32-09.1-18.
No employer may discharge any employee [because] earnings have been [garnished].
- Termination -- end the employment contract
- comply with state law (N.D.C.C. 34-03)
- N.D.C.C. 34-03-05 "willful breach of duty by the employee .., habitual neglect of duty, or ... continued incapacity to
perform the employee's duty."
- comply with employment agreement (if there is one) and employer's employment policy
- specify conditions that will lead to termination -- importance of employer's employment policy
- anticipate using responsibility reviews to support a decision to terminate an employee
Several specific topics to consider
Communicating with employees
Resource: Daft chapter 17 (review)
Also review communication, especially channels of communication and their levels of richness, and the steps in the communication process..
Leading employees
How is leading employees similar to and different from leading peers?
Motivating employees
Resource: Daft chapter 16 (pp. 586 et seq.)
- Concept of motivation -- internal or external forces that arouse enthusiasm and persistence
to pursue a course of action.
- How does
one balance between patience and the drive to accomplish?
- One motivation
is providing something that meets the needs of the person being motivated;
e.g., one motivation is receiving a reward that meets the person's needs.
- There are various levels of needs, and a variety of economic and non-economic ways to fulfill those
needs.
- rewards range from personal satisfaction to pay and promotions.
- These range
from meeting physical and safety needs to a desire to be recognized
and challenged.
- Reinforcement or
feedback
- Types of reinforcement
- Process for
providing reinforcement
- regular
process at set intervals of time
- Job design for
motivation -- simplify, vary, expand (new challenges/growth opportunities),
empower
- importance of professional development opportunities
- importance of clear understanding of goals and tasks
Teamwork within the business
Resource: Daft chapter 18 (pp. 658 et seq)
- Why teamwork?
- Because the quantity of
labor and combination of skills/knowledge/abilities/interests necessary to the complete the task is more than one person can provide.
- Role of team members
- Stages of team
development
- common goal/shared mission and collective responsibility
- forming, storming, norming, performing, adjourning
- communication
- team leader -- single leader or rotating responsibility?
- causes of "team breakdown" -- communication breakdown, scarce resources, unclear authority, unclear or differing goals, personality clashes, imbalance among respective status levels
Summary of Key Points
- A position description (not the position advertisement), employment policies, training opportunities, and periodic responsibility reviews are critical tools to successfully direct employees.
- Managers need to address the concerns of communication, motivation, leadership, teamwork, and regulatory mandates when directing employees.
Last Updated
August 15, 2010
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