Evaluating interaction with websites: Case study of a government website of the Brazilian Ministry of labor and employment

This paper presents a usability evaluation of the MTE (Ministry of Labor e Employment) website in order to measure the effectiveness, efficiency and user satisfaction regarding the website. The participants were 12 users (07 users were female and 05 male). The results indicate that although the education level of all participants and computing experience, many of them have had difficulty in finding information and do not recommend the site. © 2013 Springer-Verlag Berlin Heidelberg.

A Phenomenological Exploration of Black Male Law Enforcement Officers' Perspectives of Racial Profiling and Their Law Enforcement Career Exploration and Commitment

This phenomenological study explored Black male law enforcement officers’ perspectives of how racial profiling shaped their decisions to explore and commit to a law enforcement career. Criterion and snow ball sampling was used to obtain the 17 participants for this study. Super’s (1990) archway model was used as the theoretical framework. The archway model “is designed to bring out the segmented but unified and developmental nature of career development, to highlight the segments, and to make their origin clear” (Super, 1990, p. 201). Interview data were analyzed using inductive, deductive, and comparative analyses. Three themes emerged from the inductive analysis of the data: (a) color and/or race does matter, (b) putting on the badge, and (c) too black to be blue and too blue to be black. The deductive analysis used a priori coding that was based on Super’s (1990) archway model. The deductive analysis revealed the participants’ career exploration was influenced by their knowledge of racial profiling and how others view them. The comparative analysis between the inductive themes and deductive findings found the theme “color and/or race does matter” was present in the relationships between and within all segments of Super’s (1990) model. The comparative analysis also revealed an expanded notion of self-concept for Black males – marginalized and/or oppressed individuals. Self-concepts, “such as self-efficacy, self-esteem, and role self-concepts, being combinations of traits ascribed to oneself” (Super, 1990, p. 202) do not completely address the self-concept of marginalized and/or oppressed individuals. The self-concept of marginalized and/or oppressed individuals is self-efficacy, self-esteem, traits ascribed to oneself expanded by their awareness of how others view them. (DuBois, 1995; Freire, 1970; Sheared, 1990; Super, 1990; Young, 1990). Ultimately, self-concept is utilized to make career and life decisions. Current human resource policies and practices do not take into consideration that negative police contact could be the result of racial profiling. Current human resource hiring guidelines penalize individuals who have had negative police contact. Therefore, racial profiling is a discriminatory act that can effectively circumvent U.S. Equal Employment Opportunities Commission laws and serve as a boundary mechanism to employment (Rocco & Gallagher, 2004).

Labor Provisions from NAFTA to CAFTA: Standards That Work, or a Work in Progress?

The emerging U.S. approach linking free trade to domestic labor protections is a practical framework on which to base substantive and procedural rights. Nevertheless, much more can be done in future agreements to improve these safeguards for workers in a way that will maximize the gains from trade and reduce the most harmful effects of development. In order to improve future agreements, the U.S. should expand access to consultations within the dispute resolution mechanism, focus complaints on core rights such as organization and bargaining, encourage the development of small independent unions in corporatist cultures, and incorporate the ILO into the dispute settlement process. Finally, the civil law systems of Central America and the Anglo-American common law system may have fundamentally different understandings of the rule of law. This difference in understanding may pose a significant disadvantage for developing or civil law systems entering treaties with the U.S., and should be better understood by both sides in order to maintain the credibility of the law and the effectiveness of the treaty.

Human Capital Decisions and Employee Satisfaction at Selected Hotels in India

Understanding the role of human capital is one of the key considerations in delivering and sustaining competitiveness. Managing employees in the hospitality industry is particularly a challenging task as the industry is considered to be labor intensive. High turnover and increasing employee demands are among the problems that are identified as threats to maintaining a strong competitive position. Successful hotels attempt to retain their best employees in an effort to adapt to changing environments and increased competition. Effective hotel human resource systems can produce positive outcomes, through effective employee retention strategies that focus on work force motivation, attitudes and perception. The positive implementation of these strategies can influence and create employee satisfaction. This study aims to focus on the relationship between the mediating variables of motivation, attitudes, perception and their effect on employee satisfaction. These findings are based upon an extensive survey carried out between April 2009 and June 2009 in the small mountainous state of Uttarakhand, located within the Indian sub-continent. Although the area of study is confined to the Kumaon region of Uttarakhand, the authors contend that the findings and implications can be applied to other remote developing tourist destinations in other regions.

Discipline And Due Process In The Workplace

In the article - Discipline and Due Process in the Workplace – by Edwin B. Dean, Assistant Professor, the School of Hospitality Management at Florida International University, Assistant Professor Dean prefaces his article with the statement: “Disciplining employees is often necessary for the maintenance of an effective operation. The author discusses situations which require discipline and methods of handling employees, including the need for rules and due process.” In defining what constitutes appropriate discipline and what doesn’t, Dean says, “Fair play is the keystone to discipline in the workplace. Discrimination, caprice, favoritism, and erratic and inconsistent discipline can be costly and harmful to employee relations, and often are a violation of law.” Violation of law is a key phrase in this statement. The author offers a short primer on tact in regard to disciplining an employee. “Discipline must be tailored to the individual,” Dean offers a pearl of wisdom. “A frown for one can cause a tearful outbreak; another employee may need the proverbial two-by-four in order to get his attention.” This is a perceptive comment, indeed, and one in which most would concede but not all would follow. Dean presents a simple outline for steps in the disciplinary process by submitting this suggestion for your approval: “The steps in the disciplinary process begin perhaps with a friendly warning or word of advice. The key here is friendly,” Dean declares. “It could progress to an oral or written reprimand, followed by a disciplinary layoff, terminating in that equivalent of capital punishment, discharge.” Ouch [!]; in order from lenient to strident. Dean suggests these steps are necessary in order to maintain decorum in the workplace. Assistant Professor Dean references the Weingarter Rule. It is a rule that although significant, most employees, at least non-union employees, don’t know is in their quiver. “If an interview is likely to result in discipline, the employee is entitled to have a representative present, whether a union is involved or not,” the rule states. “The employer is not obligated to inform the employee of the rule, but he is obligated to honor the employee's request, if made,” Dean explains. Dean makes an interesting point by revealing that a termination often reflects as much on the institution as it does the employee suffering the termination. The author goes on to list several infractions that could warrant an employee disciplinary action, with possible approaches toward each. Dean also cautions against capricious disciplinary action; if not handled properly a discipline could and can result in a lawsuit against the institution itself.

Experimental Evidence that Retaliation Claims Are Unlike Other Employment Discrimination Claims

The type of discrimination claim that strikes fear in the hearts of all employers is the dreaded retaliation claim. While employers contend, and plaintiffs admit, that retaliation is different from other discrimination complaints, employee advocates have put forth legislation that would equalize retaliation with the other types of discrimination. This bill, Protecting Older Workers against Discrimination Act (POWADA), would expand the so-called mixed-motive jury instruction to age, and disability, as well as retaliation. Moreover, it would allow plaintiffs, not judges, to decide which types of instruction the jury would receive. In this article, the authors argue that retaliation claims should not receive the same treatment as other discrimination claims (including age and disability), because it’s easy for juries to believe that retaliation is a factor, regardless of other facts. Once a fact-finding jury checks the box to indicate that an employer’s motive might include retaliation, the employer will likely have to pay fees and costs, at minimum, regardless of the claim’s final resolution.

Le droit du travail américain : un droit plus favorable à l’investissement que le droit du travail québécois ? Une étude de la question...

L’auteur s’intéresse à la question de savoir si le droit du travail américain est plus favorable à l’investissement direct étranger (IDE) que le droit du travail québécois dans le contexte de l’ALENA. Pour ce faire, il fait une revue de littérature sur les déterminants de la localisation de l’IDE afin de clarifier l’importance du droit du travail national dans les décisions d’investissement des entreprises multinationales. Celle-ci révèle que la localisation de l’IDE est un processus complexe et multidimensionnel impliquant un grand nombre de facteurs, dont certains sont associés à la demande, d’autres aux coûts, d’autres aux caractéristiques des pays-hôtes, et d’autres, enfin, au risque. Le droit du travail national, bien que revêtant une certaine importance, n’est qu’un facteur parmi d’autres. Elle révèle également que l’importance relative des déterminants de la localisation de l’IDE, incluant le droit du travail national, varie elle-même en fonction d’autres facteurs, comme le secteur d’activité de l’entreprise, sa stratégie, sa taille et la motivation de l’IDE. Ensuite, il fait une étude de droit comparé entre le Québec et le Massachusetts afin d’identifier les principales différences qui existent entre les deux régimes de droit du travail. Cette étude a permis d’identifier des différences importantes entre les deux systèmes étudiés. Ainsi, dans l’ensemble, le droit du travail applicable au Massachusetts se fonde davantage sur les principes de la liberté contractuelle et du laisser-faire que le droit du travail québécois, qui est beaucoup plus interventionniste. Enfin, l’auteur analyse les différences observées dans le cadre de l’étude de droit comparé à la lumière des conclusions de sa revue de littérature sur les déterminants de la localisation de l’IDE. Il en vient à la conclusion que bien qu’à de nombreux égards le droits du travail québécois s’avère plus avantageux que le droit du travail applicable au Massachusetts aux fins de la localisation de l’IDE, c’est plutôt ce dernier qui, de façon générale, s’avère le plus avantageux à ce chapitre. En effet, dans l’ensemble, le droit du travail québécois est susceptible d’imposer des coûts de main-d’œuvre supérieurs et de réduire la flexibilité du marché du travail davantage que le droit du travail applicable au Massachusetts. Or, considérant que le droit du travail national n’est qu’un facteur parmi d’autres dans la décision de localisation de l’IDE, le Québec n’est pas sans moyens. En effet, il possède d’autres avantages comparatifs qu’il peut faire valoir auprès des entreprises qui œuvrent dans des secteurs d’activités où ces avantages concurrentiels sont valorisés et susceptibles d’être exploités. De plus, considérant que le droit du travail national a un importance relative qui varie elle-même en fonction d’autres facteurs, le droit du travail québécois n’a pas nécessairement le même effet sur tous les investisseurs. Enfin, considérant que le droit du travail remplit des fonctions sociales autant que des fonctions économiques, c’est un faux débat que de mettre l’accent uniquement sur les conséquences « négatives » du droit du travail national sur l’IDE. En effet, c’est faire complètement abstraction de la question des coûts sociaux que le droit du travail permet de prévenir au sein d’une société.

Appraising Work Group Performance: New Productivity Opportunities in Hospitality Management

In - Appraising Work Group Performance: New Productivity Opportunities in Hospitality Management – a discussion by Mark R. Edwards, Associate Professor, College of Engineering, Arizona State University and Leslie Edwards Cummings, Assistant Professor, College of Hotel Administration University of Nevada, Las Vegas; the authors initially provide: “Employee group performance variation accounts for a significant portion of the degree of productivity in the hotel, motel, and food service sectors of the hospitality industry. The authors discuss TEAMSG, a microcomputer based approach to appraising and interpreting group performance. TEAMSG appraisal allows an organization to profile and to evaluate groups, facilitating the targeting of training and development decisions and interventions, as well as the more equitable distribution of organizational rewards.” “The caliber of employee group performance is a major determinant in an organization's productivity and success within the hotel and food service industries,” Edwards and Cummings say. “Gaining accurate information about the quality of performance of such groups as organizational divisions, individual functional departments, or work groups can be as enlightening...” the authors further reveal. This perspective is especially important not only for strategic human resources planning purposes, but also for diagnosing development needs and for differentially distributing organizational rewards.” The authors will have you know, employee requirements in an unpredictable environment, which is what the hospitality industry largely is, are difficult to quantify. In an effort to measure elements of performance Edwards and Cummings look to TEAMSG, which is an acronym for Team Evaluation and Management System for Groups. They develop the concept. In discussing background for employees, Edwards and Cummings point-out that employees - at the individual level - must often possess and exercise varied skills. In group circumstances employees often work at locations outside of, or move from corporate unit-to-unit, as in the case of a project team. Being able to transcend individual-to-group mentality is imperative. “A solution which addresses the frustration and lack of motivation on the part of the employee is to coach, develop, appraise, and reward employees on the basis of group achievement,” say the authors. “An appraisal, effectively developed and interpreted, has at least three functions,” Edwards and Cummings suggest, and go on to define them. The authors do place a great emphasis on rewards and interventions to bolster the assertion set forth in their thesis statement. Edwards and Cummings warn that individual agendas can threaten, erode, and undermine group performance; there is no - I - in TEAM.

Interrole Conflicts in the Hospitality Industry: The Role of Positive Affectivity as an Antidote

This study investigates the role of positive affectivity as a buffer against the detrimental effects of interrole conflicts on frontline hotel employees’ job performance and turnover intentions. Data collected from a sample of frontline hotel employees in Turkey serve as the study setting. Results and their implications are discussed, and directions for future research are offered.

Generational Differences in Work Attitudes: Evidence from the Hospitality Industry

Our understanding of employee attitudes and their impact on business outcomes has been further complicated in recent years by the newest cohort of service workers. Known as Generation Y (Gen Y), they appear to approach employment in a manner different to that of their predecessors. A review of the academic literature reveals little empirical evidence to support an appropriate understanding of the impact of such difference. This paper provides an overview of a large-scale study into generational differences in employee attitudes and reports on the preliminary data analysis of a survey of over 900 hospitality employees. The most important initial finding from the data analysis is that, on the whole, Gen Y employees have lower scores on those constructs that an organization should be attempting to maximize. Non-Gen Y employees are more satisfied with their jobs, more engaged and more affectively committed to the organization they work for than their Gen Y counterparts, amongst a range of other important constructs. Conversely, Gen Y employees display higher scores onthe constructs that an organization would want to minimize in its staff. Gen Y employees are more likely to be planning to quit their jobs, are more likely to perform poorly if their co-workers are doing so, and are also more likely to switch jobs for no particular reason. The discussion covers implications for management as well as directions for future research.

It is Time for Something New: A 21st Century Joint-Employer Doctrine for 21st Century Franchising

[Excerpt] The joint-employer doctrine is perhaps the hottest issue in labor and employment law for 2015 and the foreseeable future. In the September 2015 Browning-Ferris ("BFI”) decision, the National Labor Relations Board (the "NLRB" or the "Board"), the administrative agency that enforces the National Labor Relations Act (the "NLRA" or the "Act"), issued what is expected to be the first of two decisions, expanding the joint-employer doctrine. In the BFI decision, the so-called putative employer (e.g., the lessor of employees or a franchisor) is now considered the employer of individuals who had in the past been considered employees of the supplier employer. Like in Browning-Ferris, a number of McDonald's employees and the Service Employees International Union ("SEIU") are arguing that the world's largest franchisor is the joint employer of all its franchisees' employees. At first blush, one might believe that this is another esoteric labor and employment law issue that only lawyers and scholars care about. However, depending on how the Board and courts rule on this issue, the joint-employer doctrine could fundamentally change business in the United States by destroying the franchise model.

The disunity of employment law and sentencing

This article discusses the lack of integration between criminal sanctions and employment deprivations (in the form of being dismissed from employment or disqualified from working in certain industries). Offenders who are employed in certain industries, especially the professions, often suffer a far greater net punishment upon being found guilty of a criminal offence than other offenders, thereby violating the principle of proportionality and the (related) principle of equality in the impact of sanctions. The reason that such a situation has developed is because criminal sanctions and employment deprivations have evolved from different streams of jurisprudence. This article argues that sentencers should impose a ‘net’ sanction for a criminal offence, thereby merging these streams of jurisprudence. This would require courts to be vested with the power to suspend or disqualify people from being employed in certain occupations. The legal analysis in this article focuses on case and statutory law in Australia, however, the same broad principles apply in all common law jurisdictions, including the UK. Hence, the reform proposals suggested in this article are relevant throughout the common law world.