HR Legal Responsibilities Kimberly A. McCullough College of Adult and Graduate Studies HCA-615 Healthcare Law and AccreditationsDr. Timothy HudsonColorado Christian UniversityHR Legal Responsibilities SummaryThere are many career paths that can be taken when it comes to making the decision to pursuing a career in human resource management. Playing the most important service for any business, human resource manager is responsible for the most important and challenging aspect that is employee employer relations. (Fried, J.B., & Fottler, D. M. 2015). In these case studies, it will mention HR legal responsibilities and how hospitals have to follow and the rights and recommendations. Working at the Melrose / Wakefield Hospital here in Melrose, Massachusetts I nurture and develop a motivated HR team to meet business requirement. (Roseberry, L. & Morsing, M. 2010). Regulation: Balancing Employee Rights and Employer Needs Case Study: As to my organization Melrose/Wakefield Hospital balancing employee rights and employer needs must create and maintain an ethical workplace that is in alignment with the cultural goals of the organization. (Muller, M. 2015). In order for Melrose/Wakefield balancing employee rights and employer needs, they must give their employees a place to work and make sure they have access to it. (Santucci, M.N. & Pozgar, D.G. 2008). Melrose/Wakefield Hospital ethical and legal responsibilities as to balancing employee rights and employer needs must maintain confidentiality of client communication and the ability to communicate feedback clearly and to have methods and feedbacks. (Cormier, L. S., & Bernard, J. M. 1982). Intervention Recommendation: As to Melrose/Wakefield Hospital their intervention recommendations are two important new policy issues are arising with respect to how quality of care affects matters of reimbursements, payments, efficiency, cost controls, collaboration between organizational providers and individual and group practitioners. (Callender, N.A., Hastings, A.D., Hemsley, C.M., Morris, L., & Peregrine, W.M. 2019).Regulation: ADA RegulationsCase Study: Communicating with people who are deaf or hard of hearing in hospital settings can be very frustrating waiting because they rely on sign language interpreters or assistive listening devices and Melrose/Wakefield Hospital must provide effective means of communication for patients, family members, and hospital visitors who are deaf or hard of hearing and by law this organization Melrose/Wakefield Hospital must develop protocols and provide training to ensure that staff know how to obtain interpreter services and other communication aids and services when needed by persons who are deaf of hard of hearing. (Niles, J.N. 2018). Intervention Recommendation: Melrose/Wakefield Hospital must ensure that services, programs, and activities, when viewed in their entirely, are accessible to people with disabilities by state and federal requirements. (Rhoads, A.M. 2013). Accessibility is not only legally required, but with Melrose/Wakefield Hospital it is important medically so that minor problems can be detected and treated before turning into major and possibly life-threating problems. (Kent, J. 2017). Another intervention recommendation that Melrose/Wakefield Hospital must do is that additional requirements defined the types of facilities covered which means set effective dates and provide additional scoping or technical requirements. (Wolfe, H.K., Forney, E.P., Alberto, P.A., Schwartzman, N.M., Best, J.S., Heller, W.K., Forney, E.P., & Forney, E.P. 2008). Regulation: Employment at Will DoctrineCase Study: The at-will employment doctrine states that there is no explicit work contract that binds the employer and employee to employment. This means that an employer can freely discharge or terminate the service of the employee without prior cause. As to Melrose/Wakefield Hospital employment at will when new staff comes on board performance evaluation will be administrated involving core competencies and including service, production, interpersonal interactions. (White, H.R. 2013). As to employment at will doctrine Melrose/Wakefield Hospital their values of diversity, employment values is important for legitimacy and maintaining a viable and competent public workforce. (Goodman, D., & Cohen, G. 2018). Intervention Recommendation: Mandated employment laws and the erosion of the at will doctrine Melrose/Wakefield Hospital must provide worker’s compensation, protect pensions that are established at the workplace, and protect the rights of disabled employees to compete for employment opportunities for which they are qualified with or without reasonable employer accommodation. (Radin, J.T., Werhane, H.P. 2015). For Melrose/Wakefield Hospital some of their intervention recommendations are oral or written assurances regarding job tenure or disciplinary procedures can create an implied contract for employment under which the employer cannot terminate an employee without just cause and cannot take any without following such procedures. (Lindemann, B., & Grossman, P. 1996). Regulation: EPA Requirements:Case Study: New procedures for healthcare facilities like Melrose/Wakefield Hospital their key issue for generators of pharmaceutical waste under the new regulations will be determining the amount of hazardous pharmaceutical waste they generate. (Wager, A.K., Lee, W.F., & Glaser, P.J. 2013). Melrose/Wakefield Hospital must establish tailored regulations that require hazardous waste management training to our staff and other team members. Other EPA requirements that Melrose/Wakefield Hospital must do is create new on-site accumulation and storage requirements. (Dennison, S.M. 1994). Intervention Recommendation: Some of the recommendations that Melrose/Wakefield Hospital needs to do is keep up with the certification once a year and making sure that all staff is certified and making sure that the private sector environmental performance standards and ecolabels against the multi-stakeholder developed. (USEPA, 1970). Melrose/Wakefield Hospital must incorporate information on the facility’s current oil handling and spill prevention practices, including secondary containment devices and materials on site, among other relevant data. (Pozgar, G. D. 2019). Case Study: Norris-LaGuardia Act Requirements With Norris-LaGuardia act requirement Melrose/Wakefield Hospital by holding that the mandatory provisions for resolving minor disputes should prevail over Norris-LaGuardia and that injunctions may be issued against any party who fails to follow the prescribed procedures. (Norris-Laguardia Act 1932). Another important area of Norris-LaGuardia that Melrose/Wakefield Hospital their purpose is to protect the individual’s worker’s right to organize and develop of labor-relations law and offering legal assistance to those involved in a labor practices. (Hammaker, K.D. & Knadig, M.T. 2017). Intervention Recommendation: Melrose/Wakefield Hospital gives employers the full freedom to express their views concerning union organization, but cannot coerce employees, and also allows the president of the U.S. to intervene in national emergency strikes and method and level of compensation, and better information on exposure. (Showalter, J.S. 2014). Case Study: FLSA RequirementsAccording to regulations, Melrose/Wakefield Hospital staff are required to apply the federal and state minimum and overtime law that provides employees the greatest benefits. For more information on state minimum wage and overtime laws. Melrose/Wakefield Hospital staff must take a 30-minute breaks and if they are working a 6-hour shift must take a 15-minute break and if they have to travel from job site during the day must be counted as hours worked. (Mayhew, Ruth. (n.d.). Intervention Recommendation: Melrose/Wakefield Hospital staff must hold a valid medical license to practice law and medicine and by being engaged in a practice or an internship or resident program and other recommendations that Melrose/Wakefield Hospital requires a computer test that a combination of these duties that require the same skills. Also, Melrose/Wakefield Hospital makes staff to take administrative test to see functions directly related to academic instruction or training. (Business Management Daily, 2008).Case Study NLRB RequirementsMelrose/Wakefield Hospital posting requirements also provides employees with resources to better understanding their legal rights and includes mechanisms for taking action against employees who are in the violation and allow employees may talk with a union or co-workers about organizing a union. Melrose/Wakefield Hospital staff also may inquire about their rights and report violations without their employer knowing. (Higgins, E.J., Garren, B., Kadela, A.D. 2016). Intervention Recommendation: In addition to barring sexual harassment, equal employment opportunity laws prohibit harassment based on race, color national origin, or disability. Melrose/Wakefield Hospital’s approach to its review of handbook policies and employer’s enforcement of those policies and provided to employees at every level and location of the organization. ( Lebowich, M., Fox, J., & Cohen, M.J. 2018). Conclusion Maybe it’s the reason I got into the healthcare field. First I took a medical billing and coding online classes to get my associates in and because I love working in the healthcare field I am working with Melrose/Wakefield Hospital here in Melrose, Massachusetts I want to make a difference to patients and their families and working collaboratively with others in a hospital allows patients to receive holistic treatment and gives me a chance to learn and grow from my team. Some disadvantages working in a hospital I am seeing sickness and death it hurts me to see family members are afraid. As a Christian, serving God in the healthcare profession I can be grateful for the thoughtful, skillful, and compassionate care doctors, nurses, and technicians provide daily to the broad spectrum. (Luke 1:37, King James Version) For with God nothing shall be impossible. References Business Management Daily (2008) FLSA Compliance Guide Paperback-Callender, N. Arianne, Hastings, A. Douglas, Hemsley, C. Michael, Morris, Lewis & Peregrine, W. Michael, (2019) Corporate Responsibility and Health Care Quality: A Resource for Health Care Boards of DirectorsCormier, L. S., & Bernard, J. M. (1982). Ethical and Legal Responsibilities of Clinical Supervisors. Personnel & Guidance Journal, 60 (8), 486. https://doi-org.ezproxy.ccu.edu/10.1002/j.2164-4918.1982.tb00701.xDennison, S. Mark (1994) OSHA and EPA Process Safety Management Requirements: A Practical Guide for Compliance (1st edition)U.S. Environmental Protection Agency (EPA) (1970) EPA Requirements for Quality Assurance Project PlansFried, J. Bruce, Fottler, D. Myron, (2015) Human Resources in Healthcare: Managing for Success (4th Edition)Goodman, D., & Cohen, G. (2018). Public Sector Employment at Will: A Critical Analysis of Ethical Concerns and Recommendations for Public Administrators. Public Integrity, 20(2), 179–193. https://doi-org.ezproxy.ccu.edu/10.1080/10999922.2017.1297672Hammaker, K. Donna & Knadig, M. Thomas (2017) Health Care Ethics and the Law Pap/Psc Edition) Published by Jones & Bartlett Learning, Burlington, Mass. Higgins, E. John, Jr., Garren, Brent, & Kadela, A. David (2016) How to Take a Case Before the NLRB (9th Edition)Lebowich, Michael, Fox, Joshua, Cohen, M. Jay (2018) NLRB General Counsel Issues Handbook on Handbook RulesSherwood, Heller, W., Alberto, A. Paul & Forney, E. Paula (2008) Understanding Physical, Health, and Multiple Disabilities (2nd Edition) Published by Pearson Pozgar, G. D. (2019). Legal Aspects of Health Care Administration (13th ed.). Published by Jones & Bartlett Learning, Burlington, Mass.Kent, Janis (2017) ADA in Details: Interpreting the 2010 Americans with Disabilities Act Standards for Accessible Design (1st Edition). Published by John Wiley& Sons, Inc. Hoboken, New Jersey.Lindemann, B., & Grossman, P. (1996). Employment Discrimination Law (3rd ed., Vol. 1). Washington, DC: Bureau of National Affairs.Mayhew, Ruth. (n.d.) Overtime Laws for Health Care. Small Business – Chron.com. Retrieved from http://smallbusiness.chron.com/overtime-laws-health-care-60072.htmlNorris-Laguardia Act (1932). Major Acts of Congress. (2019) Retrieved from https://www.encyclopedia.com/history/encyclopedias-almanacs-transcripts-and-maps/norris-laguardia-act-1932Rhoads, A. Marcela (2013) Applying the ADA: Designing for The 2010 Americans with Disabilities Act Standards for Accessible Design in Multiple Building Types (1st edition).Roseberry, Lynn & Morsing, Mette (2015) Corporate Social and Human Rights Responsibilities: Global, Legal and Management PerspectivesMuller, Max (2015) The Legal Side of HR Practice: EBook Edition – eBookNiles, J. Nancy (2018) Basics of U. S. Health Care System – With Access – (3rd edition) Paperback: Published by Jones & Bartlett PublishersRadin, J. Tara & Werhane, H. Patricia (2015) Employment-at-Will, Employee Rights, and Future Directions for Employment, Retrieved from https://doi.org/10.5840/beq200313212Santucci, M. Nina & Pozgar, D. George (2008) Legal Essentials of Health Care Administration (Paperback) Published by Jones & Bartlett Learning, LLCShowalter, J. Stuart (2014) The Law of Healthcare Administration, (7th Edition)White, H. Rebecca, (2013) Employment Law and Employment Discrimination: Essential Terms and ConceptsWager, A. Karen, Lee, W. Frances, Glaser, P. John (2013) Health Care Information Systems – (3rd edition) Publisher by Jossey-Bass, Inc.
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