Ch 10 Workplace Legalities 2013 The Mc GrawHill

Ch 10 Workplace Legalities © 2013 The Mc. Graw-Hill Companies, Inc. All rights reserved.

10 -2 Employment-at-Will page 302 • A concept of employment whereby either the employer or the employee can end the employment at any time, for any reason • Now employment at will is affected not only by federal and state statutes, executive orders and law, but also by contracts between a worker and employer, agreements between companies and unions and civil service rules for government workers. • LOOK AT CASE © 2013 The Mc. Graw-Hill Companies, Inc. All rights reserved.

10 -3 Factors Affecting Employment-at-Will • Federal and state statutes, executive orders, and case law • Contracts between a worker and an employer • Collective bargaining agreements between companies and unions • Civil service rules for government workers © 2013 The Mc. Graw-Hill Companies, Inc. All rights reserved.

10 -4 Hiring and Firing • Wrongful discharge – An employer risks litigation if he or she does not have just cause (legal reason) for firing an employee – Must have documentation showing just cause for firing • Public policy – The common law concept of wrongful discharge when an employee has acted for the common good © 2013 The Mc. Graw-Hill Companies, Inc. All rights reserved.

10 -5 Protection from Discrimination page 302 -303 look at cases • Belonging to a particular race or religion, being male or female, or having a particular age or disability • Joining a union or engaging in political activity • Preventing the collection of retirement benefits © 2013 The Mc. Graw-Hill Companies, Inc. All rights reserved.

10 -6 Protection from Discrimination • Reporting company safety violations • Exercising the right to free speech • Refusing to take drug or lie detector tests (with some exceptions). © 2013 The Mc. Graw-Hill Companies, Inc. All rights reserved.

10 -7 Conditions for Sexual Harassment • Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment • Submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual © 2013 The Mc. Graw-Hill Companies, Inc. All rights reserved.

10 -8 Conditions for Sexual Harassment page 304 • Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment © 2013 The Mc. Graw-Hill Companies, Inc. All rights reserved.

10 -9 Federal Labor and Employment Laws • Employment discrimination laws p. 304 -305 – Wagner Act of 1935 – Civil Rights Act of 1964 (Title VII) • Affirmative action – Age Discrimination in Employment Act (ADEA) of 1967 – 1976 Pregnancy Discrimination Act – Titles I and V of the Americans with Disabilities Act of 1990 – Civil Rights Act of 1991 © 2013 The Mc. Graw-Hill Companies, Inc. All rights reserved.

10 -10 Federal Labor and Employment Laws – Genetic Information Nondiscrimination Act of 2008 (GINA) – Lilly Ledbetter Fair Pay Act of 2009 • Wage and Hour laws P. 306 – 1935 Social Security Act – 1938 Fair Labor Standards Act – Equal Pay Act of 1963 – Employee Retirement Income Security Act (ERISA) of 1974. LOOK AT CASE © 2013 The Mc. Graw-Hill Companies, Inc. All rights reserved.

10 -11 Federal Labor and Employment Laws • Workplace safety laws – Occupational Safety and Health Act of 1970 • Other terms of employment – Family Medical Leave Act of 1991 © 2013 The Mc. Graw-Hill Companies, Inc. All rights reserved.

10 -12 Question Tell whether the following statement is true or false. Employees of a hospital earning less than $23, 660 annually are guaranteed overtime protection under the Equal Pay Act of 1963. True False © 2013 The Mc. Graw-Hill Companies, Inc. All rights reserved.

10 -13 Answer False Employees of a hospital earning less than $23, 660 annually are guaranteed overtime protection under the 1938 Fair Labor Standards Act. The Equal Pay Act of 1963 provides for equal pay for men and women as an amendment of the Fair Labor Standards Act. © 2013 The Mc. Graw-Hill Companies, Inc. All rights reserved.

10 -14 OSHA P. 307 • Occupational Safety and Health Administration – Charged with writing and enforcing compulsory standards for health and safety in the workplace – Standards cover four areas of employment: general industry, maritime, construction, agriculture © 2013 The Mc. Graw-Hill Companies, Inc. All rights reserved.

10 -15 Priority of Workplace Inspection • Imminent danger situations • Fatalities and accidents resulting in death or hospitalization of 3 or more employees • Formal employee complaints • Programmed inspections • Follow-up inspections © 2013 The Mc. Graw-Hill Companies, Inc. All rights reserved.

10 -16 Covered by Right-to-know Laws • • Toxic or hazardous substances Employer duties Employee rights Other health and safety issues © 2013 The Mc. Graw-Hill Companies, Inc. All rights reserved.

10 -17 OSHA Health Standards p. 309 • Medical hazard regulations • Hazard Communication Standard (HCS) – Written hazard communication program – Material safety data sheet – General Duty clause – Chemical hygiene plan © 2013 The Mc. Graw-Hill Companies, Inc. All rights reserved.

10 -18 Biohazard Suits © 2013 The Mc. Graw-Hill Companies, Inc. All rights reserved.

10 -19 Medical Waste Tracking Act p. 311 • OSHA may inspect hazardous medical wastes and will cite facilities for violations. – Hazardous medical wastes include but are not limited to blood products, body fluids, tissues, cultures, vaccines, sharps, table paper, gloves, speculums, cotton swabs, and inoculating loops. © 2013 The Mc. Graw-Hill Companies, Inc. All rights reserved.

10 -20 Accident Reports/Information p. 311 • Employer’s name and address • Employee’s name, address, and phone number • Specific information about the accident: when, where, what, and how it occurred • Nature of the injury • Follow-up information © 2013 The Mc. Graw-Hill Companies, Inc. All rights reserved.

10 -21 CDC Guidelines p. 312 • Wear gloves, eye masks, gowns, and other protective equipment when performing such tasks as capillary puncture, phlebotomy, pelvic exams, minor suturing, and throat culture. • Wear protective equipment when performing tasks that do not involve direct contact with blood, body fluids, or tissue, in case accidental exposure occurs. © 2013 The Mc. Graw-Hill Companies, Inc. All rights reserved.

10 -22 Clinical Laboratory Improvement Act Page 312 • Federal statute passed in 1988 that established minimum quality standards for all laboratory testing. – The law requires that laboratories obtain certification, pay applicable fees, and follow regulations concerning testing, personnel, inspections, test management, quality control, and quality assurance. © 2013 The Mc. Graw-Hill Companies, Inc. All rights reserved.

10 -23 Question Tell whether the following statement is true or false. A health care worker is injured on the job when he slips on a spill that wasn’t cleaned up properly. This worker can file a claim for worker’s compensation. True False © 2013 The Mc. Graw-Hill Companies, Inc. All rights reserved.

10 -24 Answer True A health care worker who is injured on the job can file a claim for worker’s compensation. These laws allow injured workers to file a claim for compensation with the state or the federal government instead of suing if in return, they accept the worker’s compensation settlement alone as the remedy. © 2013 The Mc. Graw-Hill Companies, Inc. All rights reserved.

10 -25 Workers’ Compensation p. 313 • • • Medical treatment Temporary disability indemnity Permanent disability indemnity Death benefits to survivors Rehabilitation benefits © 2013 The Mc. Graw-Hill Companies, Inc. All rights reserved.

10 -26 Filing for Unemployment Benefits page 314 • • A Social Security card W-2 statements for past one to two years Wage records for the past 18 months Employers’ names and addresses for the past 18 -month employment period • Statement of the reason for leaving the job • The employer’s unemployment insurance account number, if available. © 2013 The Mc. Graw-Hill Companies, Inc. All rights reserved.

10 -27 Question Tell whether the following statement is true or false. A standard question on a job interview is inquiring about the candidate’s race. True False © 2013 The Mc. Graw-Hill Companies, Inc. All rights reserved.

10 -28 Answer False It is illegal to ask about a candidate’s gender, race or color, religion, marital status, method of birth control, age, birth date, disability, national origin, residency duration, military experience or discharge, or memberships in organizations. © 2013 The Mc. Graw-Hill Companies, Inc. All rights reserved.

10 -29 Interviewing Guidelines p. 314 -315 • Make a list of questions pertinent to job description, and stick to them. • Do not rush the interview or allow it to drag on unreasonably. • Remain objective, and listen well. • End the interview on a positive note. • Inform candidate of decision. © 2013 The Mc. Graw-Hill Companies, Inc. All rights reserved.

10 -30 Surety Bond p. 315 • A type of insurance that allows employers, if covered, to collect up to the specified amount of the bond if an employee embezzles or otherwise absconds with business funds. © 2013 The Mc. Graw-Hill Companies, Inc. All rights reserved.

10 -31 Employment Paperworkp. 315 • • • Social Security number Number of exemptions claimed Gross salary I-9 form Deductions for Social Security; Medicare; and federal, state and city taxes • Withholding for state disability insurance, state unemployment tax, and health care plans, if applicable © 2013 The Mc. Graw-Hill Companies, Inc. All rights reserved.

10 -32 W-2 Information • Employer’s tax identification number • Employee’s Social Security number • Total earnings (wages and other compensation) paid by the employer • Amounts deducted for income tax and Social Security • Amount of advance earned income credit payment, if any © 2013 The Mc. Graw-Hill Companies, Inc. All rights reserved.