HR: Policy & Reform Flashcards
Which HR act enforces laws regarding discrimination and harassment?
Equal Opportunity Commission (EEOC)
What is the minimum # of employees a company must have to be affected by EEOC?
15 or more (20 or more for age discimin.)
What laws does EEOC enforce?
-Civil Rights Act
-Pregnancy Discrimination Act
-Equal Pay Act
- American with Disabilities Act
-Rehabilitation Act
-Age Discrimination employment act
-Genetic information Nondiscrimination act
Which policy is enacted by 15 or more employees
EEOC
What is the purpose of the Civil Rights Act
employment based on performance and ability
Which act is employment based on performance and ability?
Civil Rights Act
What rights were later added to Civil Rights Act?
-right to jury trial
-right to compensatory punitive damages if discrimination proven
What does the ADA do?
ensure people with disabilities have same employment opportunities as those who are not disabled
What updates were made to the ADA in 2008?
-clear and concise standards for persons with disabilities
What are the additional standards needed for ADA update?
-must state mandatory job functions
-have clear job description
-must have handicap accessible work area
What does the Rehabilitation Act do?
prohibits discrimination due to disability
Which law prohibits discrimination due to disability?
Rehabilitation Act of 1973
Which Section of Rehab. Act is applicable to Job function?
504
What tasks must a handicap person be able to do under Rehab. act?
essential job tasks (not every job task)
What age range is protected under Age Discrimination and Employment Act (ADEA)
40-64
**Amended to include 65-70
What law includes an established minimum wage, overtime pay, record-keeping of hours, and youth employment?
Fair Labor Standards Act
Per child labor laws, what is the minimum age a youth can work?
16
**14 and 15 can be limited occupations not during school hours
Which law worked to end disparity between wages paid to males versus females?
Equal Pay Act
Which law requires an employer to furnish each employee with a place of employment free from hazards, that are causing, or likely to cause death or serious injury?
Occupational Safety & Health OSHA
Which law can be put into place if a employer has 50 or more employees?
FMLA
What does FMLA cover?
12 weeks per rolling 12 months of unpaid/job protected leave for medical issues
Who qualifies for FMLA?
full or part-time employees with greater than 1250 hours in past 12 months
how many hours worked required for FMLA?
1250/12 months
True or false: an employee can request medical documentation for FMLA approval?
true
What is a type of insurance designed to return employees to work quickly and safely?
Workers compensation
When can workers comp go into effect?
When employee is injured on job or health compromised by their job
What provides temporary continuation health coverage at group rates to former employees, retirees, spouses, dependent children?
COBRA
What are the elements needed to qualify for COBRA?
- criteria for plan coverage
- qualified beneficiaries
- qualified events
What is the federal law that mandates anyone who comes to an emergency department be stabilized and treated?
EMTALA
What is EMTALA?
Emergency Medical Treatment and Active Labor Act
What law is that a hospital cannot refuse initial care based on ability to pay or insurance?
EMTALA
What law works for the protection of healthcare data?
HIPAA (Health Insurance Portability and Accountability Act)
What is the #1 goal of HIPAA?
create confidentiality systems within and outside of health care facilities and keep protected health info private
What is in place for staff to report any illegal or unethical behaviors to compliance officer
Corporate compliance
What are the necessary aspects of corporate compliance
-confidential/anonymous hotline
-retaliation illegal
-staff are protected
What is defined by what the qualified and licensed nurse is competent to perform?
scope of practice
What states have a nurse practice act?
All states (managed by state board of nursing)
What does the nurse practice act outline?
requirements for licensure/relicensure and disciplinary action
Wha is the ANA’s goal?
provide balance between nurses and their patients
What is also know as the Wagner Act?
National Labor Relations Act
What is the law governing relations between unions and employees in the private sector?
National Labor Relations Act (Wagner Act)
What is the Labor Relations Act also known as?
Taft Hartley Act
Which act allowed for unions to be prosecuted and sued for mass picketing and secondary boycotts?
Labor Relations Act (Taft Hartley)
How many days notice do unions have to give before a strike?
Which Act?
10 days under Labor Relations Act
What is the Labor Management Reporting and Disclosure Act also known as?
Landrum-Griffin
Which act protects union members against abuses; protects their interests, freedom of speech, and organizing picketing
Labor Management Report and Disclosure Act (Landrum-Griffin)
Which act protects employees rights to organize and form labor unions
NAtional Labor Relations Board
What is a negotiated agreement between the labor union and the employer for union members focusing on working hours, conditions, wages, vacation time, benefits
collective bargaining
What % of employees must sign a union authorization card before the union can request negotiations?
30%
Which method is used to solve disputes in union negotiations
grievance
If unable to resolve a conflict between employer an union in a grievance, what is the next step?
Arbitration
Which conflict solving step requires a third party to review details of grievance?
Arbitration
