CHAPTER REVIEW QUESTIONS WEEK 4

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CHAPTER 20

Human Resources

Learning Objectives (1 of 3)

Describe the function and importance of the human resources department in developing a human resources manual that describes the organization’s mission, policies and procedures, job descriptions, recruitment, application process, performance evaluations, staff development, and in-service and continuing education programs.

Discuss the employment-at-will doctrine.

Explain public policies that protect employees from unlawful discharge.

Describe what is meant by retaliatory and constructive discharge and how to defend a claim for unfair discharge.

Learning Objectives (2 of 3)

Describe effective hiring practices and the importance of clear communications.

Describe under what circumstances employers often discharge an employee.

Describe and understand the rights and responsibilities of employees.

Describe the various federal labor acts.

Describe the purpose of an affirmative action plan.

Learning Objectives (3 of 3)

Discuss the types of discrimination that occur in the workplace.

Describe what sexual harassment is and what forms it can take.

Federal and State Labor Laws

Labor laws regulate relationships between employees and employers.

Federal laws generally take precedence over state laws when there is conflict between state and federal laws.

State laws are generally applicable when they are more rigid than federal laws.

Job Description

Describes duties and responsibilities of an employee in a particular job

Describes minimum education, experience, and licensure requirements

Recruitment and Hiring (1 of 2)

Application should include:

Applicant’s education

Job history

Licensure and certification

Applicable references

Recruitment and Hiring (2 of 2)

Employee references

Employers can be liable for negligent hiring for failing to adequately scrutinize an employee’s references.

Employee references, fairly drafted, can protect both the employer and the employee.

Passmore v. Multi-Management Services, Inc.

Application Process

Review of applicant’s qualifications for the position

Education

Certification and licensure

Work history

References

Background checks

Written and follow-up oral references

Performance Appraisals

Employee’s job performance is periodically assessed and reviewed.

Provide opportunity for employee to know where he/she excels and what areas can be improved upon.

Performance appraisals are used as tool in granting salary increases and bonuses.

They can also be used as a tool for termination.

U.S. Department of Labor

Functions:

Promote welfare of wage earners

Improve working conditions

Advance opportunities for profitable employment

Unions: Healthcare Organizations

Through the mid-1930s, union activity in the healthcare industry was minimal.

Continued with relatively slow growth until the late 1950s

Union activity is most often successful in geographic areas in which unions have been active in other industries.

Limitations on bargaining units

Up to eight collective bargaining units

National Labor Relations Act

National Labor Relations Act (NLRA)

Enacted in 1935 to govern labor–management relations of business firms engaged in interstate commerce

Act defines certain conduct of employers and employees as unfair labor practices.

Provides for hearings on complaints that such practices have occurred

National Labor Relations Board (1 of 2)

NLRB enforces and administers the NLRA.

Has jurisdiction over matters involving proprietary and nonprofit healthcare organizations

Independent of the Department of Labor, which is responsible for preventing and remedying unfair labor practices by employers and labor organizations

National Labor Relations Board (2 of 2)

Elections

NLRA sets out procedures by which employees may select a union as their collective bargaining representative to negotiate employment and contract matters.

Unfair labor practices

State Employees Excluded from Paying Union Dues

Norris–LaGuardia Act

Aimed at reducing number of injunctions to restrain strikes and picketing

Sets procedures for handling labor disputes

Creates board of inquiry if a dispute threatens to interrupt health care

Board’s findings provide framework for arbitrators’ decisions

Labor–Management Relations: Reporting and Disclosure Act

Places controls on labor unions and relationships between unions and membership

Requires employers to report payments to representatives of labor organizations

Expenditures made to influence the way employees exercise rights

Disclosure of agreements with labor consultants

Fair Labor Standards Act

Minimum wages

Maximum hours of employment

Overtime pay provisions

Exempt employees provisions

Workweek options

Hospital’s unfair labor practice

St. John’s Mercy Health Systems v. National Labor Relations Board

Civil Rights Act of 1964

Prohibits private employers and state and local governments from discrimination in employment in any business on basis of:

Race

Color

Religion

Sex

National origin

OSHA (1 of 2)

Sets and enforces safety standards

Provides training, outreach, and education

Establishes partnerships

Encourages continual improvement in workplace safety and health

OSHA (2 of 2)

Promulgation and enforcement of Occupational Safety and Health Administration (OSHA) standards

Recordkeeping

Education

Infectious body fluids

Employee complaints

State regulation

Legal liability

Rehabilitation Act of 1973: Disability (1 of 2)

Protection for handicapped employees

Applied to public and private organizations

Requirement to perform self-evaluation of compliance

Jobs must not be designed to eliminate hiring of disabled persons.

Rehabilitation Act of 1973: Disability (2 of 2)

Americans with Disabilities Act (ADA)

Tips for employers:

Train managers as to ADA requirements.

Review and revise job descriptions for compliance.

Bring physical environment into compliance.

Post notice describing purpose of ADA.

FMLA (1 of 3)

Enacted to grant employees temporary medical leave under certain circumstances.

Covered employers must grant eligible employees up to a total of 12 work weeks of unpaid leave during any 12-month period.

FMLA (2 of 3)

Leave granted for

Birth and care of employee’s child

Placement of adopted or foster child with employee

Care of immediate family member (spouse, child, or parent) with a serious health condition

Inability to work because of serious health condition

FMLA (3 of 3)

It is illegal to terminate health insurance coverage for an employee on FMLA leave.

Following FMLA leave, the employee’s job—or an equivalent job with equivalent pay, benefits, and other terms and conditions of employment—must be restored.

State Labor Laws (1 of 3)

NLRB excludes from coverage healthcare organizations operated by the state.

State Labor-Management Relations Act

Laws vary from state to state.

State Labor Laws (2 of 3)

Union security contracts and right to work laws

Closed shop contract

Union shop contract

Some state statutes forbid such contracts.

Right-to-work laws

State Labor Laws (3 of 3)

Wage and hour laws

Child Labor Acts

Working papers

Forbids employment of minors at night

Prohibits minors from operating certain machinery

Workers’ Compensation

Program whereby an employee can receive wage benefits due to job injury

Physical injury

Job stress

Influenza vaccination

Exposure to hazardous material

Labor Rights

Organize and bargain collectively

Solicit and distribute union information

Picket

Strike

Management Rights

Receive a strike notice

Hire replacement workers

Restrict union activity to prescribed areas

Prohibit union activity during working hours

Prohibit supervisors from participating in union activity

Affirmative Action Plan (1 of 2)

Prohibits discrimination

Age

Race

Color

Religion

Sex

National origin

Affirmative action program

Collection and analysis of data on race and sex of all employment applicants

Nondiscrimination clause in manuals

Use of data to show compliance with the law

Affirmative Action Plan (2 of 2)

Failure to comply can result in denial of federal funds.

Healthcare organizations should have an equal employment opportunity or affirmative action plan in place.

Patient Rights During Labor Disputes

Patient rights take precedence over labor–management rights.

Patients have rights to:

Privacy

Well-being

Injunctions

Court order directing that a certain act be performed or not performed

Persons who fail to comply with court orders are said to be in contempt of court.

Earliest use of injunctions in labor relations was by employers to stop strikes or picketing by employees.

Availability of injunctive relief is limited.

Administering Collective Bargaining Agreements

Administered in “good faith”

Supervisors should familiarize themselves with the agreement

Importance of recordkeeping

Grievance procedures

Arbitration

Workplace Discrimination (1 of 2)

Age discrimination

Disability

Disability Requires Reasonable Accommodation

National origin

Pay discrimination

Workplace Discrimination (2 of 2)

Pregnancy discrimination

Race discrimination

Religious discrimination

Sex discrimination

Sexual harassment

Review Questions (1 of 3)

Describe the function and importance of the human resources department in developing job descriptions, recruitment, the application process, staff development, and in-service education.

Discuss the employment-at-will doctrine.

Explain public policies that protect employees from unlawful discharge.

Discuss under what conditions unemployment compensation can be denied to a claimant.

Describe what is meant by retaliatory and constructive discharge and how to defend a claim for unfair discharge.

Review Questions (2 of 3)

Describe under what circumstances employers often discharge an employee.

Describe effective hiring practices and the importance of clear communications.

Discuss why employment disclaimers are important to the employer.

Describe the rights and responsibilities of employees.

Discuss in what ways the rights and responsibilities of patients and employees are similar.

Describe the various federal labor acts.

Review Questions (3 of 3)

Discuss the rights and responsibilities of unions and management.

Describe the purpose of an affirmative action plan.

Describe a patient’s rights during labor disputes.

Discuss the types of discrimination that occur in the workplace.

Describe what sexual harassment is and what forms it can take.

CHAPTER REVIEW QUESTIONS WEEK 4

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