Human Resources

Mon, 15 Sep 2014 22:21:15 GMT

Just to make your week so much better we will begin reviewing HR. One of the first things

to do is familiarize yourself with the basics of Wage and Hour and all the other good stuff.

do you know the definition of FLSA--Fair Labor Standards Act and what falls into this?

EEOC and all that entails?

It seems that we walk a minefield with HR but if you make sure you know the basics, are consistent across the board, you can limit your liability considerably.

HR covers it all from interviewing, hiring, onboarding, retention, termination or retirement.

Tue, 16 Sep 2014 20:38:14 GMT

The EEOC--Equal Opportunity Employment Commission is responsible for the enforcement of the laws which make it illegal to discriminate against a job applicant or an employee for race, color, religion, sex, pregnancy , national origin, age (40 or older) disability or genetic information. In all situations, hiring, firing, promotions, harassment, training, wages and benefits-, ADA---the EEOC comes into play

as to the actual laws covered by EEOC some are: Civil Rights Act, Equal Pay Act, Pregnancy Discrimination Act, Age Discrimination Act, ADA (Americans with Disabilities Act) and the Genetic Information Nondiscrimination Act.

so an example of basic test question on this topic might be:

The Age Discrimination Act state you cannot discriminate for employees or job applications over the age of

A: 50

B: 40

C: 60

D: 65

answer is B--40

Tue, 16 Sep 2014 20:49:58 GMT

The equal pay act is basically just as it states: If you do the same work you should be paid the same wages, so this is where job descriptions would come into play should there by an EEOC claim.

Promotions within the company should be documented appropriately also to avoid any discrimination claims--

Tue, 16 Sep 2014 21:15:04 GMT

OSHA--Occupational Safety and Health Act

Know the four particular standards relating to healthcare

1--Bloodborne Pathogen Standard
2-Hazard communication standard
3--Lockout/tagout standard
4--Personal Protective Equipment Standard

1: Bloodborne Pathogen Standard limits exposure to blood and other potentially infectious materials--this covers any employee who could be reasonably anticipated to come into contact with blood or other infections materials through the performance of their job

It is required that your have an exposure control plan available to all employees and to OSHA should it be requested.

an example question regarding the Bloodborne Pathogen Standard could be:

Bloodborne pathogen exposure control plan is required to be reviewed an updated:

A--Once a year
B-Every six months
C-Every two years
D-Every nine months

answer is A: it is a requirement that this plan be reviewed and updated annually

Tue, 16 Sep 2014 22:48:49 GMT

The standard requiring warning labels for chemicals, containers which are used to transport or store blood or other potentially infectious materials is:

A: Lockout/tagout Standard
B: Hazard Communication
C: Equipment Standard
D: Personal Communcation

B: Hazard Communication

Tue, 16 Sep 2014 23:06:36 GMT

Review the basics of OSHA--know which areas to have compliance plans in, how often to have training and how much training is required annually.

Review FACTA which is the Fair and Accurate Credit Transaction Act employers have a lot of sensitive information in their files pertaining to employees----review the "Must do's" pertaining to this information such as keeping it confidential, paycheck stubs, etc, have no more than the last four digits of SSN's, etc

HIPAA applies under HR--make sure you are up to date on all regulations as it applies to your employees information as well as your patients. HIPAA is covered under compliance but be sure to do a review for HR as it applies to employers and employees information---do you know what de-Identified Health Information is and that there are no restrictions on the use or disclosure of same?

it is up to the employer to train all workforce members regarding HIPAA and to impose appropriate sanctions as indicated

Wed, 17 Sep 2014 19:50:51 GMT

lets get back to one of the basics of employement: FLSA or Fair Labor Standards Act This is the one that regulates time and money for employees and is the one that usually can get you in the most hot water if you don't follow it to the letter.

the primary four requirements of FLSA are
you must pay minimum wage--currently 7.25 but this can change so make sure you are current
you must pay premium pay for hours over 40--1.5 the hourly rate
you must maintain an accurate record of hours worked
you must observe limitations for minors (be sure to check your state requirements on minors)

when reviewing EEOC, FLSA, etc., keep in mind this is on the FEDERAL level and some states may have different regs but for the purposes of the COPM Evaluation it will be on the federal level. For instance, there are no federal requirements for employers to offer paid time off--employers are not required to offer vacation, sick time, holiday pay, etc. Also, employers are not required to give lunch breaks except in specific instances or offer rest periods--so any free time is an employer option. We know that many states have their own requirements but those do not come into play for this evaluation

Exempt versus non-exempt falls under FLSA so make sure you are familiar with what is required before a salaried employee is exempt---it all comes down to "duties" performed to qualify for exempt and also a minimum salary per week which is currently 455..00 per week. Review the overall requirements for exempt versus non-exempt or hourly.

don't forget about the records we are required to keep on each employee: an example question on record keeping could be

Records computing wages should be kept for:

A: 2 years
B: 3 years
C: 4 years
D: 5 years

Answer is A--2 years

Another question could be:

All payroll records should be kept for a minimum of:

A: 2 years
B: 3 years
C: 4 years
D: 5 years

Answer: B 3 years

Wed, 17 Sep 2014 19:52:49 GMT

One of the most important things to have record of is hours worked per employee---the number one suit filed for FLSA was for "off the clock" hours. In other words, employees working before or after timing in or out, working on weekends with your knowledge.

Wed, 17 Sep 2014 22:41:20 GMT

coming up will be more basics--ERISA, COBRA, safe harbor for deductions, hostile work environment

review the basics and acquaint yourself with them.

On the safe harbor, this was created to cover any improper deductions from salary. If there are complaints there is a safe harbor if 1-the employer has clearly communicated policy prohibiting improper deductions and including a complain mechanism 2--reimburses employees for any improper deductions and 3--makes a good faith commitment to comply in the future, the employer will not lose the exemption for any employees unless the employer willfully violates the policy by continuing the improper deductions after employee complaints. this comes from the department of labor but they also give several examples of improper deductions for your review. go to dol.gov wage and hour division

Wed, 17 Sep 2014 22:48:31 GMT

hostile work environment/violence in the workplace are unfortunately more common---the common phrase of "bullying" falls into a hostile work environment---or anything that causes an intimidating, offensive or hostile work environment whether it be by comments or conduct. This can also occur from outside sources such as vendors. Most of your harassment claims fall under the Civil Rights Act as it is a form of discrimination.

The drug free workplace act applies to those workplaces that receive a contract or grant from a
Federal agency and requires that those workplaces provide a drug free workplace.