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Employment and Labor Relations

Employment and Labor Relations. Learning Team B July 21, 2014 Linda Hagler-Reid. Introduction. Scenario Information. Nurse Sammie. Nurse Marissa. Full time nurse Working mandatory overtime and time is documented on time sheet Receives overtime 7 days a week Compensation received.

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Employment and Labor Relations

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  1. Employment and Labor Relations Learning Team B July 21, 2014 Linda Hagler-Reid

  2. Introduction

  3. Scenario Information Nurse Sammie Nurse Marissa Full time nurse Working mandatory overtime and time is documented on time sheet Receives overtime 7 days a week Compensation received • Full time nurse • Working overtime and not documenting time on her time sheet • Has extra 200 hours of overtime in past 6 months • Has kept a log of overtime hours • No compensation received

  4. Laws Employment laws, also known as labor laws • Regulate how an employer pays employees for hours worked, overtime, and wages • Based on federal and state constitutions, legislations, administrative rules, and court opinions • Serve as guideline, however each state may have additional laws to follow

  5. Laws The Fair Labor Standards Act (FLSA) states: • Employers MUST maintain accurate documentation on each employee • All payroll records are maintained for three years • All time cards and work and time schedules are maintained for two years • Violates are subject to civil money penalties • Overtime accrued is paid regardless if employer permits overtime or has authorized the overtime

  6. Working Off the Clock • Fair Labor Standards Act • Non-exempt employees must be compensated • Must comply with overtime regulations • Must be paid for time even if it is unauthorized.

  7. Mandatory Overtime • Fair Labor Standards Act • Does not prohibit mandatory overtime • Only a few states have mandatory overtime regulations • All hours after 40 must be follow overtime laws • Can not create a safety risk

  8. Problem resolution • Nurse Sammie • Understanding of documenting time properly • Pay her for all hours worked • Monitor her time • Determine why she can not complete her tasks on time

  9. Problem resolution • Nurse Marissa • Determine why the manager did not listen to Marissa’s concerns • Identify safety concerns with mandatory overtime • Develop plan to rotate mandatory overtime between staff • Determine if changes can be made to staffing patterns to decrease mandatory overtime

  10. Prospective Risk Management • According to "Hrcouncil" (2014), Risks are inevitable and organizations have a moral and legal obligation to attend to the safety and well-being of those they serve, those who work for them and others who come into contact with their operations. Such risk include Occupational Health and Safety, for example personal injury.

  11. Prospective Risk Management Strategies • Develop strategies for managing risks • Avoidance • Acceptance • Modification • Implement • Monitor

  12. References HG.org Legal Resources. (2014). Employment law. Retrieved from http://www.hg.org/employ.html HG.org Legal Resources. (2014). My employer didn't pay me, now what?. Retrieved from http://www.hg.org/article.asp?id=30940 HRCouncil. Ca.(2014). Retrieved from http://hrcouncil.ca/hr-toolkit/planning-risk-assessment.cfm Legal Match. (2014). Forced overtime. Retrieved from http://www.legalmatch.com/law- library/article/forced-overtime.html University of Phoenix. (n.d.). Employment and labor relations scenarios. Retrieved from University of Phoenix, HCS545 website. U.S. Department of Labor. (2009). Fact sheet #53 – The health care industry and hours worked . Retrieved from https://dol.gov/whd/regs/compliance/whdfs53.pdf

  13. References United States Department of Labor. (2008). Fact sheet #21: recordkeeping requirements under the Fair Labor Standards Act (FLSA). Retrieved from http://www.dol.gov/whd/regs/compliance/whdfs21.htm  United States Department of Labor. (2008). Fact sheet #23: overtime pay requirements of the FLSA. Retrieved from http://www.dol.gov/whd/regs/compliance/whdfs23.pdf

  14. References United States Government Printing Office. (2014). Part 578-minimum wage and overtime violations-civil money penalties. Retrieved from http://www.ecfr.gov/cgi- bin/text- idx?c=ecfr&sid=48d6ee3b99d3b3a97b1bf189e1757786&rgn=div5 &view=text&node=29:3.1.1.1.33&idno=29#29:3.1.1.1.33.0.139 .3

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