FEATURE EDITORIAL
By Andee Sparrow The field of medicine is ever-
WHEN IT COMES TO EMPLOYMENT COMPLIANCE To give you a short summary of the laws and their definitions,
changing. If it’s not a new policy or regulation being implemented
by the American Medical Association (AMA), then it’s a new Health Insurance Portability and Accountability Act (HIPAA) regulation being added to the confusing regulations already set in place. Medicine and the importance of documentation and confidentiality between physicians and their patients is constantly being scrutinized by patients and the AMA. In fact, physicians are so busy trying to keep up with the new laws and regulations pertaining to malpractice, patient documentation, medical procedures, insurance coding, insurance plans, Medicare, Medicaid, Tricare, etc.—how can practice managers possibly keep up with the also ever-changing employment laws and regulations? The answer is—it is next to impossible.
In this article, we have outlined many of the federal and state
laws that are applicable to any business. These laws are to be taken seriously. If not, it can cost a business owner thousands of dollars in back pay, fines and legal fees.
There are more than 55 federal laws that pertain specifically
to employment and employee benefits with a number of different federal agencies responsible for compliance, and none of these agencies communicate with each other. These laws do not include the state and local statutes, such as unemployment compensation and workers’ compensation. These mandates and regulations that implement them cover many workplace activities for about 10 million employers and 125 million workers.
The craziness behind all of this is the fact that these laws are
ever-changing and can be unbearable to keep up with. Employers want to be in compliance with these laws, but how do you know? Ask yourself these questions, “Is my practice in compliance with wage and hour laws, the Immigration Reform and Control Act and New Hire Reporting requirements?” Do I know all of the laws and how they pertain to my practice? Do I know the fines that come with breaking these laws?
listed below are some, not all, of those that can be of utmost importance.
The following federal laws apply to all employers and are the most often violated:
1)The Immigration Reform and Control Act of 1986 (IRCA) Employers must complete an I-9 form for all new employees hired after Nov. 1, 1986. You must verify identity and authorization to work in the United States. Fines can be as high as $1,250 per violation and the Immigration and Customs Enforcement department estimates that 90 percent of organizations in the country are not in compliance.
2)Fair Labor Standards Act (FLSA), aka Wage and Hour law, regulates minimum wage and overtime as well as exemptions to the laws. FLSA has guidelines on what positions should be paid on an hourly basis (and are, therefore, eligible for overtime payments for hours worked over 40 in a work week) and which positions qualify for exemptions from the overtime provision. The most common violation of this law is misclassifying employees as salaried and not paying overtime. If the employee you have been paying on a salary basis is found to be misclassified, you may be responsible for paying back overtime for the past two years.
3)Employee Retirement Income Security Act (ERISA) governs reporting that must be done by employers regarding pensions and other group benefits. If you offer benefits to your employees, your plan must be ERISA compliant.
4)Fair Credit Reporting Act states that when an employer uses a third party to check any part of an applicant’s background, they must notify the applicant of this practice before it’s done. If there is an adverse decision based upon the background check, the applicant must be notified and given a chance to respond to the findings.
5)Employee Polygraph Protection Act of 1988 states employers can no longer conduct polygraphs on current or existing employees. Certain industries and government employers are exempt.
These are the federal laws that apply to discrimination and harassment:
If you have 15 or more employees, you have to think about:
6)Civil Rights Act of 1964 (Title VII) outlaws discrimination based on race, color, creed, religion, place of national origin or sex.
7)The Pregnancy Discrimination Act of 1978 outlaws discrimination based on pregnancy.
8)The Americans with Disabilities Act (ADA) states employees cannot discriminate against a qualified individual with a disability AND employees must make reasonable accommodations to qualified individuals with a disability.
9)Age Discrimination in Employment Act outlaws discrimination for anyone over the age of 40.
12 2012-2013 The Greater Daytona Healthcare GuideTM
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