The relationship between the employee and employer is very detailed and salient because once the employer identifies exactly which individuals in a workplace are considered “employees.” The definition of “employee” can vary noticeably from one ruling to another. Such as, the Occupational Safety and Health Act (OSHA) and other laws provide the redundant explanation that an employee is “an employee of an employer who is employed in a business of his employer which affects commerce.” At the opposite extreme is the Family and Medical Leave Act (FMLA), which defines an employee in far more detail (Family and Medical Leave Act: Partial Definition of Employee, page 20), starting with any person who is on an employer’s payroll and including individuals who are laid off, on leave, or on suspension but expected to return to work for that employer. The Americans with Disabilities Act (ADA), which applies to employers with 15 or more employees during 20 or more calendar weeks in the current or preceding year, uses a definition like OSHA’s: an individual employed by an employer. In Clackamas Gastroenterology Associates v. Wells, 123 S. Ct. 1673 (2003), the U.S. Supreme Court ruled that such a definition was circular and clarified nothing. To determine whether shareholders and …show more content…
And it is the responsibility of the employer to stay in compliance of the laws as well as ensuring employees are complying of the knowledgeable of all policy changes. Meanwhile, companies must navigate the evolving culture of a multifaceted global economy and position themselves to attract and retain the workers they will need on this voyage. As the article has shown, firms will experience numerous encounters from both the future workforce and from the changing nature of work itself. As a result, HR managers will need to get ahead of the curve by understanding these major future demographic, technological and societal shifts, and then preparing themselves accordingly. Overall it is the utmost importance that all organizations understand the severity in addressing these challenges and beyond and ahead of the