Chapter 10
Learning Outcomes
- Understand federal laws regarding hiring, firing, discrimination, and other workplace regulations.
- Describe OSHA's top workplace safety priorities.
- Examine health care practitioners' roles in safety standards from OSHA, CDC, and CLIA.
- Summarize workers' compensation laws and unemployment insurance.
- Determine legal hiring processes and paperwork maintenance.
Employment-at-Will
- Definition: Either employer or employee can end employment at any time, for any reason.
Factors Affecting Employment-at-Will
- Federal and state statutes, executive orders, and case law.
- Contracts between workers and employers.
- Collective bargaining agreements.
- Civil service rules for government workers.
Hiring and Firing
- Wrongful Discharge: Litigation risks if no legal reason for firing exists.
- Public Policy: Wrongful discharge involves acting for the common good through:
- Refusal to commit illegal acts.
- Whistleblowing.
- Performing a legal duty.
- Exercising a private right.
Protection from Discrimination
- Protected categories include:
- Race, color, religion, national origin, gender, or transgender status.
- Age (over 40), disabilities (addressed or history), genetic disposition, and pregnancy.
- Union membership or political activity.
Conditions for Sexual Harassment
- Sexual conduct as a term or condition of employment.
- Employment decisions based on conduct submissions or rejections.
- Conduct creates a hostile working environment.
Federal Labor and Employment Laws
- Employment Discrimination Laws:
- Wagner Act (1935), Civil Rights Act (1964), Age Discrimination Act (1967), etc.
- Wage and Hour Laws:
- Fair Labor Standards Act (1938), Equal Pay Act (1963), etc.
- Workplace Safety Laws:
- Occupational Safety and Health Act (1970).
- Other Terms of Employment:
- Family Medical Leave Act (1991).
OSHA - Occupational Safety and Health Administration
- Responsible for creating and enforcing health and safety standards in workplaces.
- Covers industries: General Industry, Maritime, Construction, Agriculture.
Priorities of Workplace Inspection
- Immediate danger situations.
- Severe injuries or illnesses.
- Employee complaints.
- Referrals from other agencies and targeted inspections.
Covered by Right-to-Know Laws
- Employee access to information on toxic substances, employer duties, employee rights, etc.
OSHA Health Standards
- Bloodborne Pathogen Standard.
- Hazard Communication Standard (aligned with GHS).
- Chemical Hygiene Plan.
- Ionizing Radiation Standard.
- Exit Routes Standard.
- Electrical Standards.
Medical Waste Tracking Act
- OSHA inspects hazardous medical wastes; proper disposal is mandated.
- Requires training on handling hazardous materials.
CDC Guidelines
- Mandates protective equipment for medical tasks that risk exposure to blood or body fluids.
Clinical Laboratory Improvement Act (CLIA)
- Federal statute ensuring minimum quality standards for laboratory testing.
- Laboratories must obtain certification and adhere to regulatory requirements.
Workers' Compensation
- Coverage includes:
- Medical treatment.
- Temporary and permanent disability indemnities.
- Death benefits and rehabilitation benefits.
Filing for Unemployment Benefits
- Claimants require:
- Social Security card.
- Statement of availability for work.
- Reason for leaving previous job.
Interviewing Practices
- Avoid discrimination in hiring inquiries regarding protected categories.
- Guidelines:
- Keep questions relevant to job description.
- Manage interview length.
- Maintain objectivity and listen.
- Conclude positively and inform candidates of decisions.
Surety Bond
- Insurance allowing employers to recover funds if an employee engages in fraudulent activities.
Background Checks
- Employers may check financial and criminal backgrounds with employee consent.
Employment Paperwork
- Required employee records include:
- Social Security number.
- Salary details and tax deductions.
- I-9 form for employment eligibility verification.
W-2 Information
- Employers must deliver W-2 forms by January 31st detailing:
- Employer’s tax ID, employee’s SSN, taxable earnings, tax deductions, and earned income credits.