AAHA Charlotte Lacroix DVM, JD Veterinary Business Advisors, Inc.,

Transcription

1 AAHA 2011 Charlotte Lacroix DVM, JD Veterinary Business Advisors, Inc.,

2 Employment Laws Issues Employment Laws Address Tools to Reduce Employment Risk Areas of Employee Management

3 Fair Labor Standards Act Minimum wage and OT Health Insurance Portability and Accountability Act Prohibits losing/denying coverage for pre-existing conditions Uniformed Services Employment and Reemployment Rights Act Prohibits discrimination based on military status

4 Title VII of the Civil Rights Act of 1964 Prohibits discrimination based on race, sex, national origin, religion,.. Consolidated Omnibus Benefits Reconciliation Act Ensures continuation of health benefits Immigration Reform and Control Act Prohibits employing unauthorized individuals

5 Family Medical Leave Act (FMLA) Allows up to 12 weeks unpaid leave Pregnancy Discrimination Act Prohibits discrimination, not a job protection Equal Pay Act Prohibits pay discrimination based on gender

6 Occupational Safety and Health Act Requirements for safe working environment Employee Retirement Income Security Act Regulates pension & retirement plans Mental Health Parity Act Ensures parity between mental & medical health benefits

7 Fair Credit Reporting Act Protects privacy of background information Age Discrimination in Employment Act Prohibits discrimination against individuals over age 40

8 Laws protect employees, not employers Governmental agencies and courts favor employees Employers are presumed to have kept records Ambiguous personnel policies are interpreted in favor of employees Federal and State laws co-exist Don t apply to independent contractors

9 Companies, owners & mgt can be liable for a supervisor s actions when sexual harassment results in tangible employment action or where a hostile work environment is created

10 Employment laws prohibit denying equal opportunity to certain groups of employees for reasons unrelated to their individual qualifications Is sexual orientation a protected class?

11 Detailed safety rules and guidelines have been established to mitigate the potential of disasters, accidents, violence, and other signs of imminent danger

12 Formal procedures have been created to resolve conflicts between employees and management in areas related to: grievances labor disputes wages rates of pay hours of employment conditions of work

13 Companies are required to provide qualified individuals with disabilities, an equal opportunity to benefit from the full range of employment-related opportunities available to others

14 Revises the definition of disability to more broadly encompass impairments that substantially limit a major life activity. Overturns recent Supreme Court decisions by broadening the definition of disability Employers should take extra caution to ensure they provide reasonable accommodations

15 Internet & Data Security As companies become more technologically integrated a need to protect and secure proprietary data and information arises

16 In most states employers are not required to provide insurances, vacations or other benefits For employers that do offer benefits; laws have been created to regulate and mandate the terms and conditions for benefits provided

17 Laws have been established to ensure individuals working for any employer receive fair pay for all work preformed

18 Employees who fail to comply with established work rules, or do not perform in an acceptable manner, must still be treated fairly and equitably

19 Both employer and employee information, and access to that information, must be properly maintained and retained

20 Forms Toolkit Employee Handbook Job Descriptions HR Diagnostic Compliance Audits Team Meetings

21 Empt Application I-9 W-4 Performance Evaluation Goal Setting Emergency Contact

22 Personal Pets Form Direct Deposit Form Handbook Acknowledgement and Receipt Confidentiality & Conflict of Interest Agreement Many more

23 Do not borrow/cut & paste from another practice Most handbooks are inadequate Should be reviewed annually Each employee must acknowledge receipt Must contain certain clauses & language

24 Should be reviewed annually & whenever recruiting to fill an opening Each employee should sign a statement of understanding every year Integral to the performance review and coaching process List of accountabilities vs. detailed protocols Incorporate in performance evaluations

25 Diagnostic tool for practices to assess the health and compliance of their human resource policies, procedures, and protocols Fosters best personnel practices Comparable to a financial audit

26 Best way to ensure compliance Identifies missing and/or inadequate procedures & protocols Allows practice to prioritize needs to be addressed Should be performed every 3 years, or whenever significant changes occur

27 Identify employment practices and policies that are missing, outdated, or in need of revision. Develop a framework of analysis within which employee performance issues can be easily identified and prioritized. Assess and measure expected vs. actual performance to create the necessary action plans o eliminate any performance gaps

28 Reinforcement of Practice s Mission Statement and Core Values Ensures consistent and uniform delivery of messages and culture Strengthens team culture Functional vs. Cross Functional Provides forum for staff training

29 Protects employer against claims made by employees, former employees, or potential employees Covers discrimination (age, sex, race, disability, etc.), wrongful termination of employment, sexual harassment, and other employment-related allegations Covers the organization, including its Directors and Officers

30 Recruiting and Interviewing Compensation-Pay & Benefits At-Will Employment vs. Employment Agreements Employee vs. Independent Contractor Performance Management Discipline & Termination

31 Review job description Ensure job application is compliant Decide where to search and for how long Identify 1 individual as gatekeeper Train all interviewers Decide how to make offer Decide how will measure and communicate performance

32 Determine total compensation package Let employees know value of benefits Develop pay ranges per job Link pay increases to performance Consider incentive plans Per job title Per shift Per target activity

33 Do Not Use Probationary Period At Will = Either Party Can Terminate Employment Agreements Should Be Reviewed By Lawyer

34 Employer is responsible for proper classification, not the individual Cannot use IC s to avoid taxes Less risks for classifying as employee Considerations: Duration of assignment Exclusivity of services Control over how services will be provided

35 PM is a continuous process throughout the year Performance review vs. goal-setting 360 vs vertical vs horizontal reviews Encourage feedback and suggestions

36 Gather all relevant facts Determine appropriate corrective action Conduct the disciplinary action meeting Review the consequences of future occurrences Document the discussion, have employee sign, and place in Official Employee Folder

37 Official Employee Folders Medical Files I-9 File Time & Attendance

38 The legal arena in which practices must now operate continues to evolve and become extremely complicated and complex. In light of the frequency with which employment laws are being enacted, shelter organizations must recognize the importance of ensuring their HR policies, procedures and protocols are managerially efficient and legally defensible. One of the best ways to protect your practice is to have tools and systems in place that assure consistency and predictability

39 QUESTIONS???

40 Services Business/Legal Consulting HR Consulting Newsletter Toolkit HR Operational Awareness Tool Lectures/Retreats