Legality Paper: Legal Considerations of Creating the Job Description of an Area Sales Manager

Introduction

When human resources directors practice and enforce the ethical guidelines in their line of duty, they have to abide by the rules of law. It is clear that they carry out their duties under the code of conduct that defines their position. If people look at the Code of Conduct of any organization, they will notice that there exist many parallels with the rules of law and ethical behavior. As a human resources director, it is not expected that one should be a legal expert. However, anyone in this position should have the basic knowledge of both discrimination and labor laws (Havaldar & Cavale 2017). Therefore, it is prudent for the human resources director at Toll Brother Luxury Homes to estimate the duration that the area sales manager will work. Since this position will come along with many other vacancies like deputy area sales manager and the sales agents, the job description should clearly define the duties and the responsibilities that they will carry out while at work (Cascio 2015). Any human resources manager knows for a fact that there are Employment Laws, which govern the employees. Therefore, they should ensure that they abide by these laws so that they do not brush shoulders with industrial courts. No one can hire an individual without defining to them their expected performance in the organization. Since the area sales manager will have many subordinates working under that position, it is also important to meet the requirement of the company (Havaldar & Cavale 2017).

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Moreover, the human resources director should also have the basic knowledge of the laws which regulate the security and the safety of the employees under this position. Since the human resources director cannot manage the company and at the same time manage other employees, the area sales manager will be the watchdog of the employees, who work in the said specification. As a manager, the person in this position is also expected to know these basic rules of the law. Managers work collaboratively to ensure that the employees of the company are safe and secure within the workplace (Cascio 2015). By so doing, they abide by the rule of law of safety for the employees. Before the human resources director considers anyone for this position, the should ensure that the potential candidate who will fill the vacancy will be safe. After all, the safety of the employee comes first, and other things follow.

Another legal consideration of creating this position is an affirmative action and equal opportunity. The human resources director should not be biased when recruiting for the right candidate. This candidate should get a chance of filling in that position based on the qualification and competency status that they have, and not upon any relations with the hiring manager. The human resources director will spend most of the time in the workplace dealing with the area sales manager. Both of them have one goal in the company - to maximize the wealth of the shareholder. Therefore, they will have many other employees under their umbrellas, and they should understand the laws about their responsibilities (Havaldar & Cavale 2017).

These legal considerations address the policies of fairness and discrimination in the sense that people will have equal employment opportunities. As earlier stated, it would be unfair to recruit someone based on a relationship that exists between two people and leave out another person who is qualified and competent enough to fill the position (Havaldar & Cavale 2017). Additionally, discrimination against age, religion, ethnic background and sex is prohibited under the Employment Laws. These laws offer equal opportunities to everyone and ensure that these factors are overlooked.

Legal consideration for compensation

The FLSA, Fair Labour Standards Act of 1938 protects the compensation of all workers in a specific organization. As such, the area sales manager in this organization is covered by this law. It controls issues that relate to employment and compensation. This law sets the minimum wage, equal pay for both men and women who work in the same position in the company, requirements of record keeping, and overtime pay. The human resources managers at Toll Brother Luxury Homes should consider all these factors before filling in the created position. The manager should ensure that the person who will fill that position will get the minimum wage and the overtime where it is due (Havaldar & Cavale 2017). These laws are important to abide by because the company risks spending a lot of money on lawsuits in case an employee files a matter against it. Besides, the hiring manager should consider whether the person who will fill the position will work under the exempt category or the non-exempt category. The exempt category refers to people who get their salaries at the end of the month. On the other hand, the non-exempt categories refer to people who get wages (Cascio 2015). They are paid according to the hours that they spend at work per day. They can either be paid daily or every week. The hiring manager should also ensure that the company is in a position to pay the incumbent area sales managers and the other sales agents all their dues on time. They should get their salaries, wages, and bonuses without subjecting the company to financial constraints.

Acceptable legal and ethical strategies for mitigating against potential legal claims

The acceptable legal and ethical strategies that would apply in this case is the fact that the company positions a significant amount of trust in its management. The human resources manager has the sole responsibility of ensuring that the subordinates in the best interest of the stakeholders. The main role of the managers in the company is also to maximize the wealth of the shareholders (Havaldar & Cavale 2017). Therefore, by creating this position, the sales agents who will work with the area sales manager will make many sales through their efforts. They will be on the ground to ensure that the operations of the business are as smooth as it is expected of them. Smooth operation of the business entails making as many sales as possible. Therefore, the human resources director is justified to create this position. The motivating urge is to make more sales and attract more clients (Cascio 2015).

Conclusion

The human resources manager is the overall person who oversees that the operations of the business are as expected. This person has the responsibility of hiring and firing. They have the best interest of the company, and anything that they do is to benefit the sales of the company. Therefore, they can create new positions in the company whenever they want and recruit the right people to fill these positions.

References

Cascio, W. F. (2015). Managing human resources. McGraw-Hill. Retrieved from https://s3.amazonaws.com/academia.edu.documents/6473908/583915094.pdf?AWSAccessKeyId=AKIAIWOWYYGZ2Y53UL3A&Expires=1553566229&Signature=m8Gtn5J3lRfvejQAlWiVJpCBiAw%3D&response-content-disposition=inline%3B%20filename%3DManaging_human_resources.pdf

Havaldar, K. K., & Cavale, V. M. (2017). Sales and Distribution Management, 3/e: Text & Cases. McGraw-Hill Education.