Organizational Objectives and Total Compensation in Different Markets

...

Civil Rights Act of 1991

The sections that apply to compensation include seniority systems and federal job discrimination. Through the EEOC, this Act applies to Senate employees and political appointees of the executive branch.

Accommodating Disabilities and Family Needs

The laws that apply to family needs, workers with disabilities, and people with disabilities applying for a job include the Pregnancy Discrimination Act of 1978, Americans with Disabilities Act of 1990, and the Family and Medical Leave Act of 1993. The Pregnancy Discrimination Act is an added amendment to Title VII and makes it illegal to discriminate hiring or firing, not accommodating job duties, or refusing benefits or other compensation based on pregnancy. The same is similar to the ADA where prohibiting compensation, not accommodating job duties, or refusing to hire or to fire someone based on their disability. Unless accommodations are beyond reasonable and create a hardship on the company, they must comply with the laws. As well, the FMLA protects a worker’s job or position when they must take an approved leave of absence. The act states they must return to their original job or similar job with the same benefits within an approved amount of time.

Wage Laws

One of the important wage laws is the Davis-Bacon Act of 1931, which refers to laborers and mechanics employed on site with construction contractors holding federal contracts over $2,000. Prevailing wages and fringe benefits must be paid based on the local area where the work is performed. Another act that applies to wage and compensation is the Walsh-Healy Public Contracts Act of 1936. This act applies to the federal contract biotech industry and other non-construction contractors and manufacturers under federal contract over $10,000. The act covers laborers that are not custodial or maintenance, nor any supervisors or clerical staff. The Walsh-Healy Act of 1936 covers wage, hours, child labor, convict labor, and hazardous working conditions under federal contracts and overtime provisions of the FLSA. It also discusses the requirements and enforces the guidelines for OSHA in the work environment.

Similarities and Differences

Compensation is similar in most industries; however, some laws and regulations may apply more to the federally contracted company over a private company, or apply more to a biotech company when it is under a federal contract. Workers’ Compensation laws apply to a federal employee under the Federal Employees’ Compensation Act, whereas a private employee working in the private sector would have workers’ compensation coverage under the state’s individual coverage and expenses (Martocchio, 2015, p.248). Another Act that affect total compensation under a biotech company would be OSHA, which covers all workplaces regarding safety and health. OSHA applies to federally contracted companies, just the same as private sector employers (OSHA, 2016).

Conclusion

As discussed, several important laws and Acts exist that influence compensation in the workplace. The need for these laws and Acts are vital for legal guidance and protection to employers and employees. The laws that influence compensation included income continuity, safety and work hours, pay discrimination, civil rights protection, accommodations for workers with disabilities and family needs, as well as wage laws. In a federally contracted biotech industry several of these laws, including Workers’ Compensation laws and OSHA, apply just the same as in the private sector.

---------------------------------------------------------------

References

Martocchio, J. (2015). Strategic compensation: A human resource management approach (8th ed.). Upper Saddle River, NJ: Pearson

OSHA. (2016). United States Department of Labor. Retrieved from https://www.osha.gov/workers/index.html