Module 1 - Practice Management Flashcards
What does FLSA stand for and provide?
Fair Labor Standards Act
An established minimum wage
Regulated Child Labor
Established overtime pay
What’s the definition of an Exempt from Overtime Employee?
They don’t qualify for overtime pay.
Their job duties and salary must meet all requirements of the Departments regulations. May not make less than $684/week
What was the 2020 Overtime Update?
Employers may give bonuses or incentive based pay to salaried, non-exempt employees whose hours vary
At-Will Employment Definition
Non-contractual employee who can be fired or quit without cause.
Civil Rights Act of 1964 definition
Prohibits discrimination due to race, color, creed, national origin, gender, sex or religion
These things should have no bearing on determining salary, training, benefits or workload
Age Discrimination Act
Protects 40 years of age and older
The Immigration Reform Act
Employees must fill out Employment Eligibility Verification Form (I-9) to verify the right to work in the US.
Enacted November 6, 1986
Fair Labor Standards Act
An established minimum wage
Regulated Child Labor
Established overtime pay
Equal Pay Act of 1963
Protects discrimination based on sex
Americans with Disabilities Act
Employee can request accommodation for business to provide “reasonable accommodations” to avoid discrimination based on disability
Need a note from doctor
Family Medical Leave Act of 1993 (FMLA)
Employers with 50 or more employees in 20 or more workweeks in current calendar year:
Eligible employees take 12 weeks of unpaid, job-protected leave for family or medical
Dual Capacity Doctrine
A provider who is an employer (or employee) should not treat an employee who was injured on the job! - Liability
Federal Requirements for Personnel Record Keeping
Certificates of employees Age - during employment
Discrimination Complain Records and Actions - until final disposition
Applications - 1 year
Advertisements to Hire - 1 year
Employment History - 1 year
Employee Tests - 1 year
Physical Exam results - 1 year
Wage, Timecards, Work Schedules - 2 years
Hiring request to employment agencies - 3 years from date of hire, 1 year from termination
Ordering, Shipping, Billing and Payment Records - 3 years
Employment Contracts - 3 years
Payroll Records - 3 years
Sale and Purchase Agreements - 3 years
Training Records - 3 years
Additions or Deductions from Wages - 3 years
Illness and Injury yearly log - 5 years
Employee Retirement Income Security Act (ERISA) Plan Disclosures - for 6 years after the filing date
OSHA Medical Records - duration of employment + 30 years
Quid Pro Quo
Employee deprived of job benefit for not complying to sexual advances
Criteria:
Unwelcome sexual harassment
Occurred due to employees gender
Reaction to harassment affected tangible aspects of employment, condition or privileges or employment
Hostile Work Environment
Unwelcome Sexual Harassment
Harassment must be alter conditions of employment
