Employment Law free essay sample

Determine which laws need to be most closely monitored in our organization and state why? â€Å"This new law recognizes that Medicare isn’t just something that you’ve worked a lifetime for, having the security of knowing that Medicare will be there when you need it. It’s a sacred and invaluable trust between you and your cournty. And those of us elected officials have a commitment to uphold that trust – and as long as I’m President, I will† President Obama, CMS. ov. ). According to President Obama, this new law will give seniors and their family’s greater savings, better benefits and a higher quality of health care. The President went on to say, that it will also ensure accountability throughout the system. With home healthcare, this law is very important because over half of the clients that home healthcare provides for most if all clients are on some type of Medicare, whether it be they have reached the age to draw it, or they have b ecome disabled, or what, but they still need these laws behind them. Other important factors of this law are: * It will help keep seniors more healthy * It will improve the quality of care * Develop and promote new models of care * Modernize our health system * And fight waste, fraud and abuse â€Å"The passage of the Affordable Care Act marks a turning point in the unsustainable rate of cost growth in our health care system. The new law will generate significant cost savings in both the near term and long term, will help drive system-wide cost-saving and quality improvement and will improve the solvency of the Medicaid Trust Fund by 12 years† (CMS. gov). Another law that is very important to the home healthcare employees would be that of how they are classified, whether it be an employee or contract labor. This has been a very sticky subject within the Home Healthcare Field. Employees are afraid to question it because they are afraid of getting fired and having no job at all, but yet they feel that this is unfair. I have experienced this first hand myself with the company that I work for now. I am classified as contract labor and receive a 1099 at the end of the year. The company does not take any taxes, Medicare, social security or anything out on me. I have to do it myself at the end of the year. I was also told that I had to pay my own workmen’s compensation and unemployment. If I am terminated or quit I cannot draw anything. Also by being classified as contract labor, I get no benefits, no health insurance, and no overtime (and for me that is a big one because I work 46 hours a week and if either of the other two are out, I have to fill in. We went for 3 months not too long ago that we did not have a second shift person and I was working both shifts and not getting a day off. I was putting in from 65 to 80 hours a week. But I only got straight pay for it, no overtime, not even a thank you from the company. The company is the one to tell us what we are to do on the job, we fill out a timesheet for them and they are the ones that set our hours. They give us a contract that states we have to keep a home office, we have to advertise ourselves to the public that we are available for work, it also states that we are not to make over 80% of our wages from that one company; we have to pay our own taxes, Medicare, unemployment and worker compensation. It states that we do not get holiday pay, sick pay or any other benefits. They also tell us what income we will make and when it comes time for a raise, they tell us what they will give us. After looking in the IRS. gov website, they have a form that you can print off, fill out, and send in to them with a copy of your contract and they will tell you how you should be classified. Also, if the company is classifying us wrong, they could be made to go back over the time I have been there and pay me back pay for the overtime that I have worked and reimburse me for taxes that I have paid when they should have been paying them. I have questioned them about the classification and they told me that they would change my classification and make me an employee but my pay would drop back to $7. 25 per hour. I have been there now almost 3 years and I don’t feel that is fair, I think that they are doing that to make me stay the way that I am now. But I am going to see what the IRS has to say. This law is very important to those that are true contract workers and to those that are not. It is important that wherever you work, you make sure how the company classifies you as a worker. . Develop a sample job description for the actual role you perform or desire to have and demonstrate how you would protect your company form claims that what employees are asked to do once hired were not a part of the job description. Home Healthcare Administrator Job Description Title: Administrator Reports To: Board of Directors Position Summary: The Administrator is a qualified full-time employee appointed by the board of direct ors to direct, coordinate and supervise all the administrative and financial activities within the home health agency. Qualifications: The chosen candidate shall be a health care professional and have training and experience in Health Care Administration and at least one (1) year of supervisory or administrative experience in home health care or a related field. Responsibilities: * Organizes and Directs the Agency’s Ongoing Functions * Supervises the total operation of the Agency * Oversees the development of standards and methods to measure Agency activities. Participates in the review, analysis and appraisal of the effectiveness of the total Agency program * Provides for continuing evaluation of the program by evaluating services policies and functions, and recommending proposal for changes or study of programs that effect the agency * Evaluating the performances of individuals in the program in relation to established standards and the individual’s professional development * Oversees the implementation of all utilization review activities * Employs qualified personnel and ensures ade quate staff education and evaluations * Meet the requirements of the division of consumer affairs and must: 1. Be familiar with the rules of the department and maintain them in the Agency 2. Be responsible for familiarizing the employees with the law and the rules of the department, and shall have copies of the rules available for their use 3. Designate a professional employee to be his. /her authorized representative in his/her absence. 4. Maintain a current organizational chart to show lines of authority to the client level. On an annual basis the median Healthcare Administrator salary is $96,030. The lowest 10% earn $52,730 per year while the upper 10% earn more than $147,890 per year. These salaries are calculated as a mean or average. (US Dept of Labor). 3. Discuss steps you should take to protect your organization from possible litigation when hiring a new employee (provide specific examples – to support ) your argument When you hire new employees you bring a new level of complexity into your business and a new set of considerations related to employment laws. If you have employees, important federal employment laws you should be aware of include: (These laws are very important that the management team, HR, CEO, etc. hould keep in mind. These are some of the very things that employees would want to go to litigation with. When it comes to money, the employee will get very angry over someone messing with their money that they have earned to be able to take care of their loved ones. Besides money , another area that employees look at is discrimination. It could be age, race, color, national origin, and two more which seem to be growing bigger and bigger in the work place is religion and gender. â€Å"Personnel files are a historical time-line of an employee’s life cycle from hire to termination and will be useful when referencing current or ex-employees† says Ha. There are key policies and practices that should be put in place to ensure that the proper creation and maintenance of personnel files are followed throughout the organization. Regardless of size or the nature of the business, all organizations that have a staff of employees should maintain personnel files. The following 6 things can be or should be done to prevent litigation: (SBA. gov). 1. Establish Policies and Procedures: 2. Comply with applicable state and federal laws: 3. Ensure Privacy: 4. Create Employee Files: 5. The only form that should be separate from both the standard employee file and confidential employee file is the Employment Eligibility Verification Form (I-9). 6. Audit 4. Discuss steps you should take to protect your organization from possible litigation when terminating that same employee. (provide specific examples to support your argument. ) Firing an employee, though it may be difficult and unpleasant, sometimes is necessary. The key is to avoid making the dismissal unnecessarily disagreeable, and to steer clear of potential lawsuits. Find out if the individual is employed on an at-will basis, meaning they can be terminated for any reason, with or without cause. If unsure, consult with your risk manager, human resource manager or lawyer to ensure that the dismissal does not violate a contractual agreement or federal, state or local laws, including those that protect against discrimination based on age, race or gender. Along with your facility policies and procedures manual, you need to always keep a record of your facilitys disciplinary policies and performance standards on hand. Make sure you have complete and accurate documentation on the employee. The employees file should include any performance evaluations, along with records of progressive discipline, including verbal and written warnings or eyewitness accounts of misconduct or unsatisfactory performance. If youre sued for wrongful dismissal, the documentation could be used as evidence in your defense. When you inform the employee of the termination, have another member of the staff present, if possible. But avoid giving the impression that you are ganging up on him or her. Be direct yet courteous. Clearly and firmly explain the reasons for the dismissal. Present the employee with a written agreement for a severance package and information about COBRA coverage, if applicable. The employee should be informed of her rights if she signs the agreement. Determine how long it will take to finish or hand off the terminated employees current patient load. Then arrange for a quick and graceful exit. If circumstances permit, allowing the employee to wait until her shift is completed to turn patient records over to someone else instead of requiring an immediate departure could make the separation more amicable. Just be sure patient safety is preserved.