Research Paper: HR Hypothesis the General Field

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[. . .] For example, if Wal-Mart had to pay their people $15 an hour, Amazon would have a field day with that because they don't rely on brick and mortar stores and the employees needed to staff them. That along would lead to Wal-Mart being eviscerated in any retail department that allows for shipping the product directly to the customer. Indeed, that would cover most things except for very large things and perishable things. This would be a no-win situation for nay human resources department subject to it. No serious talk about doubling the minimum wage has surfaced yet but President Obama has advocated a rise to $9 or so an hour and that would be a fairly big rise and thus would have an impact.

The third dimension are laws that are maddeningly vague or entirely too empowering to people that change with the political winds and/or can certainly be allowed (even if it's not ethical) to change the decision for silly reasons. Two great examples that prove how silly some laws can be and how they affect employers are going to be offered in this report. A first example would be the desire of Boeing to build a plant in South Carolina. The reasons to build the factory there were clear as unionization concerns would be much lower and thus the cost of labor would be much lower. For that reason alone, the National Labor Relations Board shot down the idea that Boeing could or should build their factory there and this brings in very real questions of whether a government agency of unelected bureaucrats should anywhere close to this much power. Indeed, telling an American company where they can or cannot build a factory is reminiscent of countries with political and legal systems very different from the United States. The Boeing decision was sound from an HR standpoint but an obviously very pro-union government agency with people that are appointed and not elected said otherwise.

Another example is a more general one but has specific examples that can be pointed to. The Patient Privacy and Affordable Care Act mentioned in the hypothesis section is one of the better more recent examples. Also as noted in the hypothesis, there is pervasive use of the phrase "as the secretary shall determine" or other similar variants in that book of a law. Giving such discretion or leeway may be called for or proper in some instances, but doing this too much in such a polarized and dichotomous political age can be dangerous on a number of levels. For example, how a Health and Human Services Secretary would implement and enforce those provisions would be one way for a liberal Democrat and would be quite another for a conservative Republican.

However, even if a particular person is not empowered, there can still be issues. If there is vagueness in general in a law that pertains to human resources practices such as level of pay, types/amounts of benefits offered and so forth, it can be quite confounding and frustrating if a firm makes a good faith effort to comply but yet they still get a rap on the hand from the government. Not all of these applicable examples even apply to the rank and file employees. One good example of this would be the payment of owners of an S-Corporation firm, which is the structure embraced and used by many to most small businesses. The rules on the books state that S-Corporation owners must be paid, must be paid a minimum wage and that wage must be commensurate with the work they perform (Bruoden, 1989). There is not a whole of precision beyond those general guidelines. This may seem like a mundane quandary to some but it is important because setting the wage too low can engender IRS accusations of low-balling the pay to avoid the payment of employment taxes like Social Security, Medicare and Federal income tax. Having to raise the wage of owners cuts into the investment that can be used for the firm, reduces the amount of pay and benefits that can be offered to the employees and generally makes the life of an HR policy specialist or professional much harder.

Verdict

In the end, the hypothesis offered in the nascent part of this paper has been proven. The playing field is tilted clearly against the firms that are trying to keep the bottom line both solvent and legal. Further complicating things is that a lot of the standards that supposedly have to be complied with are either unwritten or are yielded in such a way that a person is defining compliance and not the law itself. Laws are written by people, but that is completely backward. The law should set the level of compliance or at least the methodology whereby compliance is verified or found to not be the case. To leave the final calls in the hands of people that have political axes to grind is not fair. Also, to make human resources departments hire people that have undeniable and sordid criminal histories flies right in the face of the concepts of negligent hiring and it seems to put criminal history on par with gender, race and religion and that is abhorrent to say the least (Saxonhouse, 2004).

There seems to be a clear assault and bent against employers in the modern employment age. Businesses are treated like piggy banks rather than partners and they are treated like the enemy rather than the ally. Given that private sector businesses, and not public sector bureaucrats, are the true drivers of economic development, this is simply insane and should not be allowed to stand. This is not to say that employers should be able to run amok and do what they want, but the rules of the game should be defined and made clear and so long as the rules are complied with, the government should stand aside and let things play out. Pundits and advocacy groups will caterwaul about their own pet projects and opinions, but that is their right. The rubric of public opinion is definitely real but the government itself needs to stay out of that except for the debates on bills and such. If compliance is occurring, the firms should be let be. This would allow human resources departments to react based on the truth, that being that employers have a burden to meet certain guidelines but employees have to do the same thing.

Conclusion

As was started to be mentioned at the end of the last section, to suggest that employers alone are bad actors relevant to compliance with the law and ethical standards is simply untrue and unfounded. Human resources policies that are legal yet allow a firm to protect itself should be the normal order of things and firms should not be punished for that. Instead, we actually have politicians who are arguing convicted sex criminals should be allowed to work in schools so that they can escape their past indiscretions (FoxNews.com, 2013). This is clear pandering to the unions, who also opposed the bill. This is pure lunacy and the author of this report would almost advocate active resistance to such stupidity.

References

Bruoden, B.C. (1989). TAX FACTORS IN CHOOSING THE CORRECT CORPORATE STATUS. Journal Of Financial Planning, 2(2), 75.

Charen, M. (2011, July 22). What Else Will ObamaCare Mandate? | RealClearPolitics. What Else Will ObamaCare Mandate? | RealClearPolitics. Retrieved October 26, 2013, from http://www.realclearpolitics.com/articles/2011/07/22/it_should_ all_be_free_110669.html

FoxNews.com. (2013, October 23). Teachers' unions fight bill that would bar sex offenders from schools. Fox News. Retrieved October 26, 2013, from http://www.foxnews.com/politics/2013/10/23/teachers-unions-fight-bill-that-would-

bar-sex-offenders-from-schools/

Koppel, A. (2005). DOES OBSCENITY CAUSE MORAL HARM?. Columbia Law

Review, 105(5), 1635-1679.

Saxonhouse, E.… [END OF PREVIEW]

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HR Hypothesis the General Field.  (2013, October 26).  Retrieved March 24, 2019, from https://www.essaytown.com/subjects/paper/hr-hypothesis-general-field/3413453

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"HR Hypothesis the General Field."  Essaytown.com.  October 26, 2013.  Accessed March 24, 2019.
https://www.essaytown.com/subjects/paper/hr-hypothesis-general-field/3413453.