Employer Employee Relations Study Of Two Organizations

1716 words - 7 pages

IntroductionEmployer and employee relations have many different ways in which organizations understand laws and guidelines set forth by governing bodies in the respective area and within the entire nation. This paper will analyze the practices and policies of two different organizations employment policies. The main areas of focus will be views of employment classification; regular and contract or temporary, exempt and non-exempt status, and the interpretation of employment at will and the possible exceptions to the doctrine.The research subjects are the First American Corporation, a national insurance services company founded in 1887, and the San Bernardino City Unified School District. ...view middle of the document...

Contractors are generally free to conduct their business more or less when they see fit, within the confines of the contract.These are not hard and fast rules, but factual considerations that cumulatively determine whether a worker is an employee or independent contractor. Another hidden issue is that if your contractors are really employees, they are entitled to all the same anti-discrimination protections your regular workers enjoy.First American Corporation vs. San Bernardino City Unified School DistrictThe classification of regular employees at First American is very clear in their handbook, as are temporary employees. Three categories of regular are; regular full-time, regular part-time, and commissioned only. Full-time is described as, "An employee regularly schedules to work 40 hours per week." For contractors the categories are; Pieceworker, Temporary, Independent Contractor, and per diem/On-Call. Independent contractors is defined, "An individual hire for consulting services for the duration of a specific project." The operative words in each of the classifications are "employee" for regular and "individual" for all others.San Bernardino City Unified School District has a much different classification system. There are basically five categories as the major groups. The groups are classroom teachers, management, Professional support people, Non-classified and Classified support people. There are two sub groups of these categories and they are certificated employment and classified employment. A "Certificated Employee" means a person who holds a professional education certificate issued by the superintendent of public instruction and who is employed by a school district in a position for which such certificate is required by statute, rule of the state board of education, or written policy or practice of the employing school district. Classified employees are persons employed in positions by the governing board not requiring certification qualifications. (California State Board of Education, 2003)First American is publicly traded companies whose salaries are not determined by factors such as tenure and seniority like that of SBCUSD, and certainly not published either. Therefore, First American clearly prefers a great deal of latitude when it determines its employment classifications with regards to permanence. Conversely, SBCUSD details each position and makes no mention of contractors since the entire workforce operates under a contracted term which must be renegotiated every few years.Tax Exempt vs. Non Tax Exempt EmploymentEmployees whose jobs are governed by the FLSA are either "exempt" or "nonexempt." Nonexempt employees are entitled to overtime pay. Exempt employees are not. Most employees covered by the FLSA are nonexempt. Some are not.Some jobs are classified as exempt by definition. For example, "outside sales" employees are exempt ("inside sales" employees are nonexempt). For most employees, however, whether they are exempt or...

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