Chapter 12: Workplace Law
benefits and HIPAA
Includes protections for coverage under group health plans that limit exclusions for preexisting conditions; prohibits discrimination against employees and dependents based on their health status; and allows a special opportunity to enroll in a new plan to individuals in certain circumstances Right to purchase individual coverage if you have no group health plan coverage available, and have exhausted COBRA or other continuation coverage
diversity awareness programs
diversity awareness and cultural competency are important to effectively care for patients
Equal Employment Opportunity Commission (EEOC)
enforces federal laws that discriminate against employee or job applicant based on several factors
Occupational Exposure to Bloodborne Pathogens Act of 1991
establish to set safety standards for exposure to viruses and other microorganisms such as HIV and hepatitis B and C
grievance procedure
handles situations such as violation of a work rule or other condition of employment, begins with the employee and supervisor
Title VI of the Civil Rights Act
Focus is on patients with limited English proficiency (LEP) and employees as well. Title VI applies to any healthcare organization or entity that receives federal funding --obligation to translate vital materials such as informed consents LEP persons and provide interpreters
national origin
Illegal to discriminate against an individual because of birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group
goal of workplace law
To strike a balance between employee and employer that protects the employee from personal injury, prejudice, duress, and unwanted sexual advances while allowing the employer to pursue desired business outcomes
"right to work" laws
a worker does not have to join a labor union to keep or land a job
Labor Management Relations Act
amended Wagner Act to prohibit unfair labor practices on part of unions and allows president of US to stop strikes in cases that might impact national health and safety; identified behavior considered to be unfair labor practices on part of employers
NLRB
an election is conducted to determine if a union will be authorized to bargain and negotiate a labor contract with management
federal employment laws
deal with employee-employer issues
Fair Labor Standards Act
establishes federal minimum wage and rules for overtime pay, age limitations on hiring children, sets minimum wage standard
uniform guidelines
for employee selection procedures, EEOC publication that supports "employee selection must be made on qualifications related to job performace"
Equal Employment Opportunity Act of 1972
gives authority to the EEOC to sue in federal court if there is reasonable cause to believe discrimination
compensation
includes direct and indirect pay
National Labor Relations Board (NLRB)
independent federal agency that safeguards employees' rights to engage in union activity, oversee union elections and handles unfair labor practice committed by private sector employers and unions
arbitration
issues that are not settles go to hearings by a third party to settle an agreement
state labor laws
may be fashioned after federal labor laws or a state may establish its own version of the law
benefits
medical/dental/life/accident insurance, child/elder care, retirement plans, longevity pay, paid time off, paid sick time
FLSA Recordkeeping Requirements
minimum elements for time-keeping for all employees, also requires retention for payroll and employment-related wage records, guidelines for meal and sleep breaks, DOL has fact sheets specific for healthcare facilities
nonexempt employees
paid minimum wage and time and a half for overtime
collective bargaining
process whereby contract is negotiated that sets forth the relationship between the employees and the healthcare organization; must abide by the contract in matters of discipline when employees do not follow organization's rules and in handling employee grievances or complaints
exempt employees
professionals, administrators, salespeople
Pregnancy Discrimination Act
prohibits discrimination against pregnancy, childbirth, or related medical conditions
Title VII of the Civil Rights Act of 1964
prohibits discrimination based on age, race, color, national origin, sex, religion, disability, political beliefs, and marital or familial status (EEOC created as part of this act); prohibits intentional discrimination
Age Discrimination in Employment Act
protects individuals over the age of 40 from workplace discrimination that favors younger workers; applies to any aspect or terms of employment; includes harassing someone because of their age
Americans with Disabilities Act
protects individuals with disabilities, broadly defined to include physical conditions, psychological conditions, contagious diseases, substance abuse, and other conditions; employers must provide "reasonable accommodations"
Consolidated Omnibus Budget Reconciliation Act (COBRA)
provides continued health insurance for a certain period of time for those who have lost coverage because of termination, reduction in hours, death of the covered employee
federal labor laws
refer to employer-union issues or other labor practices
Equal Pay Act of 1963
regulates the concept of equal pay for men and women who perform similar work for requiring similar skills, effort, and responsibility under similar working conditions
National Labor Relations Act
regulates union and employer relations in the private sector, gives employees the right to self-organize, to form, join, or assist labor organization; allows employees to bargain collectively through whomever they chose as their representative and to engage in other activities for mutual and protection
union steward
represents the employee
Immigration Reform and Control Act of 1986
requires employers to assure that employees hired are legally authorized to work in the U.S.; however, can't single out individuals of a particular origin who appear foreign. Must treat everyone similarly.
Employment Retirement Income Security Act (ERISA)
sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for individuals in these plans
Occupational Safety and Health Administration (OSHA)
to help employers reduce injuries, illnesses and deaths on the job; responsibility for setting and enforcing workplace safety standards, and providing information, training, and assistance to employers and workers
OSHA
works closely with CDC in identifying best practices for management of diseases and injuries that may affect employees in workplace; provides guidelines for handling hazardous chemicals, equipment, and waste products
Genetic Information Nondiscrimination Act (GINA)
• Prohibits health insurers from discriminating based upon genetic information •restricts information about an individual's genetic tests or of family members, manifestation of diseases or disorders in family members