Discretionary Benefits [WLO: 2] [CLOs: 1, 2]
Prior to beginning this discussion, review The Most Desirable Employee BenefitsLinks to an external site. article, as well as the additional required readings this week. An employer may provide discretionary benefits to the employee, which is not mandated by law. These benefits are considered to be additional “perks” of the position. Examples could include pay for time not worked, health and medical insurance, and retirement plans. However, while the benefits may not be required by law, there may be laws regarding the administration and design of said discretionary benefits. For your initial post, answer the following questions and provide support for your arguments:
What role(s) can discretionary benefits play in an organization’s HR function and why?
What should an employer take into account when designing a discretionary benefits program and why?
Week 4 Guidance Week 4 will provide an overview of compensation and benefits of employees. There are several federal and state statutes that are vital in both the public and private employment setting. One such statute is the Fair Labor Standards Act of 1938 (FLSA), which deals with employee hours, work, employee abuses, and so forth. Week 4 Assignment Overview Read Chapters 5 and 7 1. Discussion 1: Fair Labor Standards Act Due by day 3 2. Discussion 2: Discretionary Benefits Due by day 3 3. Assignment: Compensation Directives Due by day 7 This week’s assignments include reading Chapters 5 and 7 of the textbook, two discussion board questions, and an assignment. As for the discussion boards, I expect you to post your initial work by Thursday and respond to at least three of your classmates’ posts. I think that the material learned in this class can be useful in resolving everyday issues that can arise. As for the discussion questions, you can use your textbook as a reference, as well as other outside academic references. The rubric for the discussion boards can be found in the classroom. Please email me with any questions. FLSA One of the main labor laws for compensation and benefits is the Fair Labor Standards Act (FLSA). This act was enacted to establish a “minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in federal, state, and local governments” (“Wage and Hour,” n.d., para. 1). Employers need to understand that the FLSA is relevant to all individuals employed by an employer. However, this does not apply to independent contractors or volunteers because they are not considered “employees” under the FLSA (“Fair Labor Standards,” n.d.). An employer cannot avoid the provisions and guidelines of the Act by simply labeling an employee as an “independent contractor.” If there is a question as to whether the employee is, in fact, an employee and not an independent contractor, the courts will review the economic reality of the relationship between the employer and the independent contractor (“Fair Labor Standards,” n.d.). ERISA “The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for individuals in these plans” (“Health Plans & Benefits,” n.d. para. 1). ERISA requires employer plans to provide employees with certain plan information, such as plan features and funding, fiduciary responsibilities of the plan manager, and plan grievance procedures. Overall, the purpose of ERISA is to protect the interests of the employee and their beneficiaries by requiring the disclosure of certain financial information regarding the plan, establishing standards of conduct for plan fiduciaries, and providing employees with remedies and access to the federal courts for plan disputes. Employers and employees need to understand that ERISA does not mandate that employers establish a pension, but simply regulates the operation of an established pension plan (Remington, Heiser, Smythe, & Sovereign, 2012). Additionally, ERISA does not mandate that an employer provide employee or retiree health insurance but again must regulate any established health plans. As you do the required course readings, you will note that in addition to the two laws above that other statutes and laws regulate employee compensation and benefits. I hope that the above information will help you better understand this week’s material. Again, if you have any questions, please do not hesitate to contact me. References Fair Labor Standards Act (FLSA) of 1938Links to an external site.. (2008). Retrieved from https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/fairlaborstandardsactof1938.aspx Health plans & benefits: ERISA. (n.d.). U. S. Department of LaborLinks to an external site. . Retrieved from https://www.dol.gov/general/topic/health-plans/erisa Remington, J., Heiser, R. T., Smythe, C., & Sovereign, K. (2012). Human resources law (5th ed.). Upper Saddle River, NJ: Pearson. Required Resources Text Remington, J., Heiser, R. T., Smythe, C., & Sovereign, K. (2012). Human resources law (5th ed.). Pearson. Chapter 5: Compensation Directives Chapter 7: Employee Information and Communication Mandates Articles Dept. of Justice (2016). Handy Reference Guide to the Fair Labor Standards ActLinks to an external site.. Retrieved from https://www.dol.gov/whd/regs/compliance/hrg.htm Accessibility Statement does not exist. Privacy PolicyLinks to an external site. Jones, K. (2017, February 15). The most desirable employee benefitsLinks to an external site.. Harvard Business Review. Retrieved from https://hbr.org/2017/02/the-most-desirable-employee-benefits This article provides information related to discretionary benefits, with a focus on design and implementation issues; health and medical benefits; and retirement benefits. This article will discuss the various benefits that the employer is required to provide to employers as well as permissble benefits. Accessibility Statement does not exist. Privacy PolicyLinks to an external site. Noguchi, Y. (2019, September 24). 1.3 million more workers eligible for overtime pay, but some say rules fall shortLinks to an external site.. Retrieved from https://www.npr.org/2019/09/24/763723397/1-3-million-more-workers-eligible-for-overtime-pay-but-some-say-rules-fall-short This article discusses the differences between workers eligible for overtime pay proposed under the President Obama administration and the President Trump administration. This article will assist you in your Fair Labor Standards Act discussion forum this week. Accessibility Statement does not exist. Privacy PolicyLinks to an external site. Petrucci, A. (2018, January 8). Employer brand as a communications solution to an organizational problemLinks to an external site.. Forbes. Retrieved from https://www.forbes.com/sites/forbescommunicationscouncil/2018/01/08/employer-brand-as-a-communications-solution-to-an-organizational-problem/#495c427d5ccb