HEALTH INFO SERVICES ADMINISTRATION (HEALTH INFORMATION MANAGEMENT)
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Chapter27.pptx
CHAPTER 27
Legal guides for supervisory behavior
National labor relations act
Wage and hour laws (primarily fair labor standards act)
Affirmative action and equal employment opportunity
TAFT-HARTLEY (1975) AMENDMENTS
Not-for-profit hospitals no longer exempt from labor law
“Health care institution” broadly defined
90-day notification of contract negotiation
60-day notification of contract expiration
Required mediation
TAFT-HARTLEY (1975) AMENDMENTS (CONT’D)
10-days notice before strike or other job action
Board-of-inquiry for disputes
Conscientious objectors not required to join union
Amendments preempt state labor laws
CONGRESSIONAL INTENT OF AMENDMENTS
Avoid fragmentation of bargaining units in health care
Priority attention to unfair labor practice charges
Possible to transfer patients in the event of strike
Reaffirm definitions of supervisors in organizing
UNIT FRAGMENTATION OCCURRED ANYWAY
A hospital can have as many as eight unions:
1. Registered nurses
2. Physicians
3. All other professionals
4. Technical employees
5. Skilled maintenance employees
6. Business office clericals
7. Security guards
8. All other nonprofessionals (service, etc.)
WAGE AND HOUR LAWS
Exempt employees (“salaried”)
Executives
Administrative
Professional
Nonexempt employees (“hourly”)
EXEMPT STATUS
“Exempt” simply means exempt from the overtime provisions of labor law
OVERTIME
ONE-AND-A-HALF TIMES “REGULAR RATE” FOR:
HOURS IN EXCESS OF 40 IN A WEEK, OR
HOURS IN EXCESS OF 80 IN A 2-WEEK PERIOD, OR TOTAL HOURS IN EXCESS OF 8 PER DAY DURING THE 2-WEEK PERIOD (THE “8-AND-80 EXEMPTION”)
REGULAR RATE
The “regular rate” is the average of base rate plus shift differential plus on-call pay plus call-in pay for the hours worked
TITLE VII OF THE CIVIL RIGHTS ACT OF 1964
Private employers of 15 or more persons
All educational institutions
State and local governments
Public and private employment agencies
Unions with 15 or more members
Labor-management committees for apprenticeship, etc.
EQUAL PAY ACT OF 1963
Equal pay for men and women performing similar work
AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967
Defined age discrimination as starting at 40
Raised mandatory retirement age to 70
Amendment in 1986 removed age 70 limit
Led also to older workers benefit protection act of 1990
THE AMERICANS WITH DISABILITIES ACT (1990)
Affirmed rights of disabled individuals in equal access to employment
Introduced the concept of “reasonable accommodation” to hiring the disabled
CIVIL RIGHTS ACT OF 1991
Reversed several supreme court decisions seen as weakening act of 1964
Increased the likelihood of legal actions against employers
Opened the door for costlier penalties
FAMILY AND MEDICAL LEAVE ACT OF 1993
Provides for up to 12 weeks of unpaid leave, without loss of employment, for:
Birth or adoption of child
Caring for spouse, child, or parent with serious health condition
One’s own serious health condition
OTHER LEGISLATION
National Labor Relations Act and Related Laws
Title IX, Education Amendments Act of 1972
The Rehabilitation Act Of 1973
The Vietnam Era Veterans Readjustment Assistance Act of 1974
The Health Insurance Portability and Accountability Act of 1996 (HIPAA)
SEXUAL HARASSMENT
A form of sex discrimination under Title VII
Can occur as:
Quid pro quo—demands for sexual favors in return for some benefit
Hostile environment (behavior, language, pictures, etc.)
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