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