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The Effective Health Care Supervisor Chapter 27: The Supervisor and the Law:

The Effective Health Care Supervisor Chapter 27: The Supervisor and the Law AHLT 4810 Danielle Class Katie Hohmann Jesse Crook

Chapter Objectives:

Chapter Objectives Review legislation supervisors should be aware of National Labor Relations Act Wage and hour laws Affirmative action Equal employment opportunity

The National Labor Relations Act :

The National Labor Relations Act AKA the Wagner Act 1935 Taft-Hartly amendment in 1947 Framework for modern labor law Union organizing

The National Labor Relations Act: The 1975 Amendments :

The National Labor Relations Act: The 1975 Amendments Removed the exemption of not-for-profit hospitals The term healthcare institution includes any hospital, convalescent hospital, health maintenance organization, health clinic, nursing home, extended care facility, or other institution involved in care of the sick, infirm, or aged 90 day notice in contract renewal or change Federal Mediation and Conciliation Service needs notified 60 days before termination or expiration of contract Labor organization to participate in mediation processes Picketing, strikes, and other refusals to work must have 10 day written notice Members of recognized religion, body, or sect with conscientious objection to participate will not be required to join or pay

The National Labor Relations Act: Congressional Intent :

The National Labor Relations Act: Congressional Intent Avoid fragmentation of bargaining units Establish attention toward handling of unfair labor practice and labor-management disputes Transfer patients from areas during strike to another facility without effects on the helping facility Reaffirm existing definitions of supervisors among professional employees

The National Labor Relations Act: Fragmentation of Bargaining Units:

The National Labor Relations Act: Fragmentation of Bargaining Units Congressional intent was to avoid (1975 Amendment) 1988 bargaining unit boundaries issued for non governmental acute-care hospitals ( Excluding n ursing homes, psychiatric hospitals) 1991 Supreme Court decision favoring NLBR established bargaining units in acute-care hospitals Registered nurses physicians all other professionals technical employees skilled maintenance employees business office clericals security guards all other nonprofessionals (service, etc )

Wage and Hour Laws: Exempt Employees:

Wage and Hour Laws: Exempt Employees Executive- 50% or more time in management of an expertise, authority to hire/fire, discretionary powers, <40% time on non managerial work Administrative- 50% or more tie on office work relating, use discretion, assistine executive personnel, work in position with special training, experience, <40% time on nonadministrative work Professional- 50% or more time on advanced specialized knowledge, discretion, <20% time on nonprofessional activities FLSA specifies minimum salaries on these positions Excludes salaries for licensed medical practitioners, interns, and residents

Wage and Hour Laws: Nonexempt Employees:

Wage and Hour Laws: Nonexempt Employees Employees who are NOT executive, administrative, and professional employees in the Exempt category Minimum of legal minimum wage 1 1/2 times regular rate for overtime Equal pay for equal work Consideration for lower rates of pay for students, learners, and apprentices

Wage and Hour Laws: Overtime Compensation:

Wage and Hour Laws: Overtime Compensation The workweek- 7 consecutive 24 hour periods Time and one-half- > 40 hours in 7 day workweek, 80 hours in 14 day period “Regular Rate”- hourly rate plus on-call, call-in, and shift differential

Wage and Hour Laws: Equal Pay:

Wage and Hour Laws: Equal Pay Discrimination is prohibited in regard to gender when the employees are doing equal jobs For corrections, lower wage to be increased, not decrease higher wage Provisions made for bona fide seniority system, merit system, and incentive compensation system

Equal Employment Opportunity:

Equal Employment Opportunity Title VII of the Civil Rights Act of 1964 The Equal Pay Act of 1963 The Age Discrimination in Employment Act of 1967 The Older Workers Benefit Protection Act of 1990 Title VI of the Civil Rights Act of 1964

Equal Employment Opportunity:

Equal Employment Opportunity The Americans with Disabilities Act Civil Rights Act of 1991 Family and Medical Leave Act State and Local Laws The National Labor Relations Act and Related Laws

Equal Employment Opportunity:

Equal Employment Opportunity Title IX, Education Amendments Act of 1972 The Rehabilitation Act of 1973 The Vietnam Era Veterans Readjustment Assistance Act of 1974 Other Laws Addressing Discrimination

Other Pertinent Legislation:

Other Pertinent Legislation The Consolidation Omnibus Budget Reconciliation Act of 1985 (COBRA) The Employee Polygraph Protection Act of 1988 (EPPA) The Employee Retirement and Income Security Act of 1974

Other Pertinent Legislation:

Other Pertinent Legislation The Health Insurance Portability and Accountability Act of 1996 (HIPPA) The Immigration Reform and Control Act of 1986 (IRCA) The Occupation Safety and Health Act of 1971 (OSHA)

Special Concern: Sexual Harassment:

Special Concern: Sexual Harassment A leading cause of legal complaints Form of sexual discrimination under Title VII of the Civil Rights Act 1964 Calls for quick and confidential investigation, take remedial action, create and retain documentation Prevention program Sexual harassment policy procedures for investigation

References:

References McConnell, C. (2015). The Supervisor and the Law. In The Effective Health Care Supervisor (8th ed.). Burlington, MA: Jones & Bartlett Learning.

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