Employment Law You Are Not Alone
You Are Not Alone • Regional HR Managers • Handout • 80/20 Rule…More like 90/10 • Done well - 20% of your time • Done not so well - 80% of your time • Federal V State Laws • The richer of the 2prevails on behalf of the colleague
The Interview • Plan • Resume/Application/Predictive Index • During Interview • Establish rapport • Ask questions but listen carefully • Observe the non-verbal communication • Let candidate know what will happen next – Don’t leave them hanging • Realistic job previews • Interviewer Bias • Stereotyping • Inconsistent questioning • First impression error • Negative emphasis • Halo/Horn effect • Contrast error • Similar to me error • Cultural noise • Questions to Avoid • Race, age, national origin, religion, etc.
The Background Check and Pre-employment Drug Screen • Administered through Red-Carpet – Concentra’s On-boarding Tool • Why • Negligent Hiring • What attempt did we make to ensure the colleagues’ safety • And the safety of customers, patients • Drug Screens • Only after verbal offer has been extended – not contingent on an offer • Must be completed within 24 hours
Equal Employment Opportunity (EEO) • Employment decisions cannot be made on the basis of : • Race • Gender • Ethnicity • Religion • Age • Color • Military Status • Title VII – Protected Class Protected under federal or state antidiscrimination laws • Blacks/African American • Women • Hispanics/Latino • American Indians/Alaska Natives • Native Hawaiians/Other Pacific Islanders • Over 40 • Disabled • Veterans • Religious Groups • It is a leader’s obligation to recognize discrimination
Fair Labor Standards Act (FLSA) • Sets minimum wage • Exempt • Exempt from receiving overtime pay for any hours worked over 40 in a defined workweek • Typically salaried • Hourly exempt status • Cannot be paid for a partial day (unless voluntarily elected by exempt employee) • Non-exempt • Paid at the 1.5 hourly rate for all hours worked over 40 in a defined work week – Some exceptions (CA is over 8 hours in a day) • Over- time (OT) came about as a penalty to employers • OT must be paid if worked even if it is not authorized • Paid time for training? • Mandatory versus voluntary • Time paid for moving between facilities? • Meal periods of 30 minutes or longer are unpaid • Colleague must be relieved of duty for the full meal period • Whenever the state and federal differ – follow the regulation that most benefits the colleague Paid…Yes or No? • A front office specialist who takes her lunch in the back and works on the mail while she eats? • A Back office specialist who spends 15 minutes in the break room eating and hurries back to the floor? • A Front office colleague sitting at a desk, eating lunch, and surfing the Internet for 30 minutes?
Family Medical Leave Act (FMLA) • The Reed Group administers all leaves • Colleagues must have worked 12 months and 1,250 hours in the past year • Approval based on medical certification • Allowed 12 weeks of unpaid leave during any 12 month period for the following • Birth, adoption, or foster care placement of a child • Serious health condition of a spouse, child, or parent • Serious health condition of colleague • Family leave – Call to active duty • Short notice deployment • Arranging child-care and school activities • Post deployment activities • Financial and legal arrangements • Military events and related activities • Caregiver leave for injured service member – 26 weeks in a 12 month period • Intermittent leave: • Colleague must make" reasonable efforts” to schedule time off to not unduly disrupt operations • Non-Qualifying Family Medical Leave • Contact HR with any questions • www.concentratotalbenefits.com
Uniformed Services Employment and Reemployment Rights ActUSERRA • Protects those who serve our country • Voluntarily • Involuntarily • State laws may increase the time allotted by USERRA • Colleagues are entitled to the maximum afforded under state or federal law • USERRA Leave • Requires colleague of representative to provide written or oral notice • Up to 5 years – Not consecutive • Gives colleague the same seniority-based benefits they would have received had they not been on leave • www.dol.gov or Google USERRA
Managing Performance • Assume Nothing • No progressive discipline • Too restrictive • Standard pattern • Verbal • Written • Final • Time off without pay • Documentation Should Include • Unsatisfactory behavior/performance • Tie unsatisfactory performance to detriment of the team/the job/company overall • Resolution • Timeframe (30-60 days) • not bound to time frame - monitor progress • Potential Results • Company’s commitment to the colleague • If it isn’t documented it didn’t happen
Colleague File • File of record is here in Dallas • Forward written performance documentation • Unnecessary to forward PTO requests and the like • Process is changing to an electronic file…more to come
Harassment • Sexual Harassment • Quid pro quo “this for that” • Hostile environment • Can be created by managers, co-workers, and nonemployees • Training • California, Connecticut, and New Jersey require supervisor training • Managers must take a concern seriously and act quickly • Contact HR • Cooperate fully with the investigation • Protect against retaliation
Separations • For Cause - Involuntary • Contact your HR Manager to initiate approval process • Most recent review and salary increase • Discipline records • Summary of events leading to separation request • Separation discussion • Be respectful no matter the infraction • Stick to the relevant facts • Consider a witness if the situation is volatile • Voluntary • Written • 2 Week notice or pay in lieu • Notice of Separation • Starts communication to terminate access • Express access concerns prior to last day
Separations • Reductions in Force (RIFs) • Involuntary separation • Like positions compared • Down-sizing analysis • What the Worker Adjustment and Retraining Act (WARN) means to you • 60 days notice of the RIF under certain circumstances • The RIF discussion • Get to the point • It’s about them • Respect
Email All of You Anyone Else • All emails are discoverable • Prepare your emails as if you are publishing them • Recheck your “To” line before sending • If you need to vent, pick up the phone • Email can be used as documentation after a verbal counseling • Keep your email boxes cleaned out • Attachments waste precious server space • Personal pictures are especially problematic • Email etiquette • Use carbon copy (cc) judiciously. Unnecessary copying, especially of the recipient’s supervisors, can generate animosity. To whom a message is copied can say as much as the message itself. • Avoid over use of “Reply to All.” This should only be used if you have a specific point to address to the group. • Make the Subject Line meaningful. Your recipient may receive scores of e-mails a day so make yours stand out Email Use
The Legal Side of Things Subpoenas or Request for Records Patients personally request records – see HIPAA Training. For all other requests see policy on MyConcentra – Legal Discovery Support No Discovery Support MEDICAL RECORDS Contact your local Discovery representative to come in and scan the records. BILLING RECORDS Forward the request to the CBO. RADIOLOGY RECORDS Determine number of pages and contact the attorney to advise that the fee is $25.00 per page. MEDICAL RECORDS Forward the subpoena/ request with the copy of the records to the CBO. BILLING RECORDS Forward the request to the CBO. RADIOLOGY RECORDS Determine number of pages and contact the attorney to advise that the fee is $25.00 per page.
Request for Deposition • Deposition requests must be in writing. • Have two Doctors to Review the File. Contact Legal Department if there are any issues that are a concern. • For additional information see policy on MyConcentra – Legal. Our Client? Patient’s attorney? HIPAA Compliance? Get Authorization, HIPAA Release or Subpoena for your State. HIPAA Compliance? Patient’s Release for Treatment Should be in the File. Arrange the Deposition, preferably at the center and at the convenience of the deposed individual. Arrange the Deposition, preferably at the center and at the convenience of the deposed individual.
Trial Testimony Please notify the Legal Department of any request for Court or Hearing Testimony. Please fax or e-mail the Notice or Subpoena to Lily. We may be able to limit the time that the provider is out of the center. Contact information for the Legal Department Main Fax: 972-387-1938 Mark Solls – Executive Vice President & General Counsel - 972-387-8043 Catherine McKnight –- 972-387-8241 David Tiffany –- 972-387-8047 Mary Turner –- 972-387-8087 Lily Dvorkina – Paralegal - 972-387-1938 Patricia Orendain – Executive Legal Assistant - 972-387-8055