Answer Question 1:

Since last many years the rules related with workplace privacy and employee monitoring
are under hot discussion and due to which major amendemnets are made in workplace
laws in US related with the work place privacy and employee monitoring.
Almost all the employer, especially in large organizations, need to be sure that the
emplyees are doing the assigned jobs fairly and efficiently. However, mostly the
employees dont want their every activity to be monitered. This is the major conflict of
workplace monitoring which lead to the new changes in laws.
The law related with workplace privacy and employee monitoring which has major
impact on employees and the organization is discused under the following heads:
Telephone monitoring
Computer Monitoring
Electronic and voice mail
Video Monitoring
Workplace privacy protections

Telephone monitoring
i) The telephonic communication with the co-workers and the clients and
customers are subject to monitoring by the employers.
ii) The records of phone calls can also be kept and retreived by the employers.
This record is usually used to evaluate the amount of time spent by employees with
clients, coolegues etc.
Computer Monitoring
iii) Employers are allowed to use computer softwares for observing and
monitoring what is on the screen or stored in the employees' computer terminals and
hard disks.
iv) Employers can also monitor the Internet usage e.g. web-surfing and electronic
mails.
v) The employers are also allowed to keep track of duration an employee spends
away from the computer or spare time spent on a terminal.
Electronic and Voice mails
The employer is the owner for an electronic mail system is used at a company and
therfore he is allowed to review the details.
Several workplace privacy court cases have been decided in the employer's favor. See for
example:
Bourke v. Nissan, www.loundy.com/CASES/Bourke_v_Nissan.html
Smyth v. Pillsbury, www.loundy.com/CASES/Smyth_v_Pillsbury.html
Shoars v. Epson, http://fac-staff.seattleu.edu/mchon/web/Cases/shoars.html

Video Monitoring
Video monitoring is a commonly used monitoring method and hence is allowed with
some exceptions e.g. the bankers use video monitoring I order to prevent and retain
evidence on a theft or robbery.
However, the courts in some cases have decided in favor of employee privacy where the
monitoring had been physically invasive, such as hidden cameras in a locker room or
bathroom.
Ref: Workrights Institutes Electronic Monitoring in the Workplace: Common Law &
Federal Statutory Protection for a more in-depth discussion.

References:
Workplace Fairness "Surveillance at Work"
http://www.workplacefairness.org/surveillance
National Workrights Institute Video Voyeurism: Employer Video Monitoring
of Bathrooms and Locker Rooms
http://www.workrights.org/issue_electronic/em_videomonitoring.html
National Labor Relations Board Advice Memorandum RE: ABC, Case 31-CA-
22493 http://www.nlrb.gov/shared_files/Advice%20Memos/1997/p051297_abc.html
Answer Question 2:

After reading the article I am of view that the Labour Law actually produces equality
among the workers.
A legislative framework has been devised for employment relationships covering part-
time work; the scope for making use of fixed-term or temporary employment has been
extended; and an attempt has been made to assist the entry of young people into the world
of work by means of work/training contracts.
Moreover, as per the law workers are formally offered by the juridical rule and the real
effects that it can cause of protection of one part of the workers, antidiscrimination rules
and an interesting test-bench of labour law effectiveness is provided e.g. The
commitment to building equality among workers and the employment contract as an
insurance policy.

Economic Model Selected: The Equality v/s Parity of Treatment.

Comments:
The model suggests an equal treatment for work of comparable worth. However, the
principal of employees equality suggest that the equality must be existed among all
employees regardless of their productivity.
The principle of parity treatment seems to generate inequality among the employees and
hence violating the rules and regulations related with equality of employees, however, a
properly devised and implemented system of appraisal including 360 degree and upward
and downward appraisal system may reduce the impact which this model seems to pose.
The implementation of such system not only develops a sense of motivation for
improving the productivities of the employees but also render them to be impartial when
the employees having higher productivity are rewarded higher.
Answer Question 3 :

Labour legislation is the most debatable and contentious topic over which the inetersts of
both emplyees and employers are involved. There is a history of a virtual state war
between the labor and the employers.
The labor laws in US can be distinguished as the laws related with the organized labor
and the the laws applicable on individual labors as a whole. The existance of organized
labor in an organization plays a vital role in balancing the interests of labor and the
employers. Such balance is maintained properly and effectively by:
By the Employers
Providing stress free environment to the labors
Workplace safety, health and other benefits (like disability benfits) for the labors
Workplace privacy and civil rights
Compliance with minimum wage laws and fair ploicies regarding the award and
calculation of overtime.
Promotions based on formal appraisal system
By the Labors
Cooperting and following the rules and regualtions of the organization and the
labor laws at workplace
Compliance with companys internal operting procedures and policies.
Respect for seniors and supervisors and companys ethical priciples.
In the recent years the organized labor has played a vital role in proposing, endorsing, and
defending legislation meant to improve the overall labor and general public welfare.
These include: social security, Medicare and Medicaid, unemployment compensation,
education funding, mine safety and health laws, black lung disability funds, parental
leave, universal single-payer health insurance, occupational safety and health laws,
minimum wage laws, civil rights legislation, and progressive tax law.
I do obesrve a balance in the current workplace, because the organization has provided
me with the stress free motivational workplace environment with basic health and social
benefits. My privacy is never interrupted because of the companys formal workplace
privacy policies as these ploices are devised as emplyee friendly. These motivational
factors are not properly and effectively provided by my formal employers, therefore, I am
satisfied with my current employment.

References:
(Daniel E king, Labor Law and Legislation)
Feldacker, Bruce. Labor Guide to Labor Law. 3rd ed. Englewood Cliffs, NJ: Prentice-
Hall, 1990.
Kaufman, Bruce, ed. Government Regulation of the Employment Relationship. Madison,
WI: Relations Research Association, 1997.
Nelson, Daniel. Shifting Fortunes: The Rise and Decline of American Labor, from the
1820s to the Present. Chicago: Ivan R. Dee, 1997.
Van Beyme, Klaus. Challenge to Power. Beverly Hills, CA: Sage, 1980.
Labor Law and Legislation - benefits
http://www.referenceforbusiness.com/encyclopedia/Kor-Man/Labor-Law-and-
Legislation.html#ixzz0sQn0GJJO
Answer Question 4:

The concept of public policy involves anything about government choice and
implementation, or the study of particular problems. Policy involves public problems or
problems prevailing so frequently in the private domain that they cumulate into public
concerns.
Mostly the public policies defend and suggest the implementations of the regulations,
legislations and other guidelines and therefore, the public policies can play increasingly
effective role in labor laws and regulations.
The public policies in most of the states define and devise the minimum wage, overtime
and other requirements for the benefits of the employees. The analysis of public policy
may also be done by the employee or the employer especially during the time of
negotiating a contract. The analysis of the public policy is important in this respect and a
good public policy analysis sets the stage for comparison and evaluation and satisfies an
intellectual need for comparative approaches. Hence this analysis may also help in
negotiating the contract.
The public policies are supported by the legislative authorities and the government, these
are much explanatory and provides grounds of analysis by comparing with other
applicable laws and regulations, therefore, they impact us as an employee. We feel a
secure, safe, ethical and rewarding culture in the organization and we feel workplace
motivation due to these constitutional rights available to us.
Since, the issues related with labor laws, regulations and other rules related with
employee-employer relationships have looming potential of becoming a public issue
therefore, the public policies already devised with respect to these issues play an
important and active role and most public policy worthy of study can be enormously
political. Though there have been concerted attempts from academics with a more
empirical flair to rescue the field of public policy from its messy, chaotic, and
inexplicably irrational elements by inserting more rational and scientific and
evidence-based analysis, the human element cannot be avoided. Outcomes are not
always assured, regardless of the merits of a particular proposal for change; and
sometimes policies are adopted with almost no empirical analysis. Put simply, public
policy can be a very frustrating field for academics.
The policy terrain is vast and can involve resource distribution (who gets what), and
identity (us vs them), and policies are hotly contested especially when they involve fixed-
sum scenarios. There also are issues of appropriate regulation, measurement of program
targets and deliverables, and evaluation of outcomes. Sophisticated researchers also train
themselves to investigate unintended consequences. Institutional, structural, and
ideological barriers and opportunities have their effects along the way.

References

Daphne Taras, July 2007, Public Policy: Choice, Influence, Evaluation Springer
Science + Business Media, LLC 2007
Answer Question 5:
Labor Law Selected: The Age Discrimination in Employment Act of 1967
Importance of Law
The law in its essence seems to peter out the dilemma of age discrimination being
commonly observed in most of the organizations.
It becomes the voice of people facing difficulties, due to their age, at workplace in their
efforts to retain employment, and especially to locate new employment when displaced
from jobs. Moreover, this law in its esteem sense promotes the equal opputunity
employment.
The Law boosts the employment of older protected workers. There is some evidence
suggesting that banning mandatory retirement had little effect on employment of older
workers, but also some evidence to the contrary, and the jury is probably still out; there is
also some evidence that age discrimination laws reduced retirement.
There is no evidence indicating that the ADEA increased employment via increased
hiring, and it is possible that it reduced hiring of older workers, perhaps because of
increased costs of terminating such workers.
The Law also defends and promotes further educational rights and the post employment
benefits of the said employees.
The rights and benefits of the older persons secured as per this act are of prime
importance and hence if, the act is applicable and fully obliged in an organiztion, it would
be helpful in creating a balanced, motivational and stress free environment.
Finally, we can conclude that, The Age Discrimination in Employment Act of 1967,
serves the purpose of promoting and protecting the rights in the employment of older
persons based on their ability rather than age.

Impact on current labor relations process

The age discrimination law might help meet the challenges likely to arise from an aging
population and improving the labor relations process. The following are the arguments:
The aged employee would feel job satisfaction which would a motivational factor for
improving their performance and their trust on the employers hence improving a fair
environment of employee-employer relationship.
The health, educational and post employment benefits protections under this act are likely
to impact on the other employees who have planned to be in employment for a long term.
They might feel the organization secure and rewarding for their long term career in the
organization hence leading to the improved labor relations.
The improved job satisfaction and the motivation in the workplace shall lead in
improvement in their performance and the benefit of which goes to the employer and the
organization as a whole hence improving the employee-employer relationship.

Reference:
David Neumark, THE AGE DISCRIMINATION IN EMPLOYMENT ACT AND
THE CHALLENGEOF POPULATION AGING