Home Care & Hospice Employment Law

Goodbye

homecarehospiceemployment — Sat, 23 Jul 2011 18:48:38 +0000

The podcast is being closed and Mr. Gilliland says, “Goodbye.”

More About Social Media; Wage and Hour App; A Break

homecarehospiceemployment — Fri, 20 May 2011 11:00:51 +0000

NLRB involvement with social media continues; the Wage and Hour Division launches an iPhone app; and, a summer break

Some Thoughts About Personnel Files

homecarehospiceemployment — Fri, 06 May 2011 11:00:22 +0000

Mr. Gilliland shares some of his thoughts about personnel files.

Two More Wage & Hour Settlements; the NLRB & Twitter

homecarehospiceemployment — Fri, 22 Apr 2011 11:00:00 +0000

Two more home health agencies settle wage and hour violations and the NLRB pursues employee rights on Twitter

New ADA Regulations

homecarehospiceemployment — Fri, 08 Apr 2011 11:00:27 +0000

EEOC has published new, final regulations under the Americans with Disabilities Amendment Act. The definition of what is a disability is broadened greatly and require an employer to puts its emphasis on reasonable accommodation rather than arguing what is or is not a disability.

Gas Prices Rising…..Are You Reimbursing Expenses?

homecarehospiceemployment — Fri, 25 Mar 2011 11:00:10 +0000

With gas prices rising, it’s worth reviewing wage and hour requirements for expense reimbursement of nonexempt employees. That’s the subject of this podcast.

The Genetic Information Nondiscrimination Act (”GINA”)

homecarehospiceemployment — Fri, 11 Mar 2011 11:00:45 +0000

The Genetic Information Nondiscrimination Act (”GINA”) is a federal law prohibiting discrimination in employment based upon an applicant’s or employee’s genetic information. It also requires confidentiality of genetic information. However, many employers do seem to be aware of GINA. This podcast provides a quick overview of GINA and where to obtain more information.

NLRB/Facebook Update; Use of Cell phone/Blackberry/Computer Before or After Usual Workday

homecarehospiceemployment — Fri, 25 Feb 2011 11:00:50 +0000

The NLRB’s lawsuit against an employer that disciplined an employee for her Facebook posting has been settled, but a new, similar case has been filed against another employer. What are the wage and hour ramifications of a nonexempt employee using a cell phone, Blackberry, computer, or similar equipment to check e-mail or schedules before or after the usual workday?

EEOC Gets Aggressive; Another Agency Sued

homecarehospiceemployment — Fri, 11 Feb 2011 11:00:08 +0000

EEOC has become more aggressive in suing employers for violation of the anti-discrimination laws; EEOC sues home health agency for disability discrimination; Use of credit reports in hiring questioned.

NLRB Proposed Required Posting of Employee Rights

homecarehospiceemployment — Fri, 28 Jan 2011 11:00:21 +0000

In December 2010, the National Labor Relations Board proposed a new rule that would require most private employers to post a notice telling employees of their rights under the national labor law. Comments must be submitted by February 22, 2010. This podcast provides a brief overview of the proposal and how to submit comments.

Some News Reports You Won’t Like

homecarehospiceemployment — Fri, 14 Jan 2011 11:00:52 +0000

Developments since the last podcast: another home care agency sued by Wage & Hour; Wage & Hour investigation in North Carolina; the ADA and automatic termination of employment after exhausting medical leave; use of credit information in employment decisions; home care agency sued for honoring patients’ racial preferences for caregivers; wage & hour ABA Attorney Referral Service for employees; and, NLRB proposes rule to require posting of employee rights.

NLRB Says Employee Illegally Fired Over Facebook Comments; and, a Break

homecarehospiceemployment — Fri, 19 Nov 2010 11:00:25 +0000

This podcast discusses a complaint recently filed by the National Labor Relations Board against a Connecticut company because the company discharged an employee over comments she made on her Facebook page. The NLRB alleges the comments were protected “concerted action” and, therefore, her discharge violated the National Labor Relations Act. Also, this podcast will not be published over the hoiidays; the next posting will be on Friday, January 14, 2011.

One Policy Every Employer Should Have

homecarehospiceemployment — Fri, 12 Nov 2010 11:00:51 +0000

Improper deductions from a salaried, exempt employee’s salary can result in loss of the employees exemption as well as the exemption of all employees in the same job classification. This podcast explains how a salary basic complaint policy can offer protection to that result.

What Does It Mean to be Paid on a Salary Basis?

homecarehospiceemployment — Fri, 05 Nov 2010 11:00:50 +0000

“Salary basis of payment” is an important requirement for the executive, administrative and professional exemptions from minimum wage and overtime pay under the Fair Labor Standards Act. Unfortunately, many employers do not know what it means and jeopardize those exemptions. This podcast provides a brief overview of what it means to be paid on a salary basis.

EEOC Sues Home Health Agency

homecarehospiceemployment — Fri, 29 Oct 2010 11:00:54 +0000

EEOC has filed suit against a Houston based home health agency alleging the agency failed to protect its employees from being sexually harassed by a patient. This podcast discusses that case.

OSHA’s Distracted Driving Initiative

homecarehospiceemployment — Fri, 22 Oct 2010 11:00:36 +0000

On October 4, 2010, OSHA announced an educational campaign calling on employers to prevent work-related distracted driving, with a special emphasis on prohibiting texting while driving. If OSHA receives a credible complaint that an employer requires texting while driving or who organizes work so that texting is a practical necessity, OSHA will investigate and issue citations to end the practice. This podcast gives information concerning the distracted driving initiative.

On-Call Pay and Time

homecarehospiceemployment — Fri, 15 Oct 2010 11:00:46 +0000

Employers often do not correctly deal with on-call pay and time for wage and hour purposes. As a result, they could have unintended minimum wage and overtime pay violations. This podcast explains the proper treatment by agencies and hospices of both on-call pay and time worked while in on-call status.

Is Your Employee Handbook a Contract? Employment-At-Will

homecarehospiceemployment — Fri, 08 Oct 2010 11:00:10 +0000

Most employers do not want their employee handbooks to be a contract of employment. This podcast discusses that issue and explains what is meant by “employment-at-will.”

What is a Union Neutrality Agreement?

homecarehospiceemployment — Fri, 01 Oct 2010 11:00:48 +0000

Unions increasingly are asking employers to sign a neutrality agreement. This podcast explains what a union neutrality agreement is and discusses things an agency or hospice should consider before signing one.

Required Breaks for Nursing Mothers

homecarehospiceemployment — Fri, 24 Sep 2010 11:00:31 +0000

Health care reform included a little noticed provision requiring employers to give nursing mothers breaks to express milk when needed. It became effective March 23, 2010, but many employers appear to not be aware of it. This podcast explains the requirement of that requirement.

Can you prohibit employees from discussing their wages with each other?

homecarehospiceemployment — Fri, 17 Sep 2010 11:00:59 +0000

It is not unusual to find a employer policy prohibiting employees from discussing their wages with each other. Is such a policy lawful? This podcast discusses that question with a brief overview of employee rights under the National Labor Relations Act.

Wage & Hour Crackdown

homecarehospiceemployment — Fri, 10 Sep 2010 11:00:55 +0000

The Wage & Hour Division of the United States Department of Labor is increasing its enforcement activities dramatically through several initiatives. In its own words, it is requiring employers to replace a “catch me if you can” philosophy with one to “plan, prevent, protect.” This podcast discusses those initiatives and explains why it is now very important for employers to achieve wage and hour compliance.

The Companionship Services Exemption

homecarehospiceemployment — Fri, 03 Sep 2010 11:00:10 +0000

The companionship services exemption from minimum wage and overtime pay under the federal Fair Labor Standards Act is an important one in home care and hospice. This podcast explains the requirements which must be met for an employee to fall within the exemption as well as recent efforts to prohibit third party employers from using the exemption.

Monitoring Employees

homecarehospiceemployment — Fri, 27 Aug 2010 11:00:25 +0000

To avoid misuse of company property and lost work time, employers increasing are monitoring employee communications, such as e-mail and text messages, and Internet usage. This podcast discusses the legal implications of such monitoring.

Unlawful Discrimination Due Patient Preference

homecarehospiceemployment — Fri, 20 Aug 2010 11:00:41 +0000

Can an agency or hospice lawfully honor a patient’s request or demand that the caregivers for the patient be of a particular race or sex? This podcast discusses that sensitive issue.

July 4th and a Break

homecarehospiceemployment — Fri, 02 Jul 2010 11:00:17 +0000

This podcasts briefly discusses how to avoid misunderstandings concerning when holidays are celebrated. It also announces a break in podcasts until August 20, 2010.

Can You Stop Employees From Stealing Your Patients/Clients?

homecarehospiceemployment — Fri, 25 Jun 2010 11:00:09 +0000

It is very easy for a home care or hospice employee to steal a home care or hospice’s patients/clients. This podcast discusses how noncompetition and no solicitation agreements can be used to avoid that happening.

The Professional Exemption and Per Visit Pay - Part 2

homecarehospiceemployment — Fri, 18 Jun 2010 11:00:34 +0000

The professional exemption from minimum wage and overtime pay under the federal Fair Labor Standards Act is an important one in home care and hospice. This podcast is Part 2 of a discussion concerning whether or not a registered nurse, therapist, or masters prepared social worker who is paid on a per visit basis falls within that exemption.

The Professional Exemption and Per Visit Pay - Part 1

homecarehospiceemployment — Fri, 11 Jun 2010 11:00:38 +0000

The professional exemption from minimum wage and overtime pay under the federal Fair Labor Standards Act is an important one in home care and hospice. This podcast is Part 1 of a discussion concerning whether or not a registered nurse, therapist, or masters prepared social worker who is paid on a per visit basis falls within that exemption.

The Professional Exemption from Minimum Wage and Overtime

homecarehospiceemployment — Fri, 04 Jun 2010 11:00:30 +0000

The professional exemption from minimum wage and overtime pay under the federal Fair Labor Standards Act is an important one in home care and hospice. It often can be used for registered nurses, therapists and master prepared social workers. This podcast discusses the professional exemption and what elements must exist for it to apply.

10 keys to avoiding employment lawsuits

homecarehospiceemployment — Fri, 28 May 2010 11:00:36 +0000

In this podcast, Mr. Gilliland gives his 10 keys for employers to avoid employment lawsuits.

What is a right to work state?

homecarehospiceemployment — Fri, 21 May 2010 11:00:37 +0000

What is meant by a “right to work” state is often misunderstood. This podcast explains what it is.

Exempt vs Nonexempt Employees

homecarehospiceemployment — Fri, 14 May 2010 11:00:52 +0000

The critical starting point for wage and hour compliance is to determine if the employee involved is exempt from minimum wage and overtime pay or is nonexempt and entitled to minimum wage and overtime pay. This podcast gives an overview of the exemptions under the Fair Labor Standards Act and are especially significant in home care and hospice.

Home Health Aides Sue Agency

homecarehospiceemployment — Fri, 07 May 2010 11:00:59 +0000

In mid-April, 2010, the home health aides and personal attendants of a New York home health agency sued the agency for back minimum wages and overtime pay they claim they are owed. That lawsuit is the subject of this podcast.

More about the HIRE Act

homecarehospiceemployment — Fri, 30 Apr 2010 11:00:22 +0000

The recently enacted HIRE Act offers significant tax incentives to employers when they hire certain new employees. This podcast explains the HIRE Act and what is necessary for an employer to obtain its benefits.

10 tips to writing better policies

homecarehospiceemployment — Fri, 23 Apr 2010 11:00:08 +0000

In this podcast, Mr. Gilliland povides his 10 tips to write better policies.

What is wage and hour? Why is it so important?

homecarehospiceemployment — Fri, 16 Apr 2010 11:00:22 +0000

Failure to comply with wage and hour laws can jeopardize the financial viability of an employer. Plus, there can be personal liability for some members of management. This podcast provides and introduction to wage and hour laws, the basic concepts involved, penalties for noncompliance, and how enforcement occurs.

What employers need to know now about health care reform and the HIRE Act

homecarehospiceemployment — Fri, 09 Apr 2010 11:00:22 +0000

What impact does health care reform have on employers? This podcast identifies and briefly discusses ramifications of health care reform and what employers need to know now. It also briefly mentions the recently enacted HIRE Act.

Who is a volunteer?

homecarehospiceemployment — Fri, 02 Apr 2010 11:00:24 +0000

This podcast discusses when a worker is a volunteer rather than a employee. The distinction is an important one and the answer can differ for for-profits, nonprofit, and public employers.

Can you hold an employee’s paycheck until you receive his or her timesheet?

homecarehospiceemployment — Fri, 26 Mar 2010 11:00:41 +0000

What do you do if an employee does not turn in his or her timesheet on time? Can you refuse to prepare a paycheck? What if you know time was worked but you don’t have the timesheet?

When must an employer bargain with a union?

homecarehospiceemployment — Fri, 19 Mar 2010 11:00:36 +0000

This podcast explains when an employer must bargain with a union. It describes the ways in which a union is chosen, including elections, card checks, and successor employers. The impact the Employee Free Choice Act would have, if it is enacted, is mentioned.

Can you hold an employee’s paycheck until paperwork is turned in?

homecarehospiceemployment — Fri, 12 Mar 2010 11:00:01 +0000

Can you hold an employee’s paycheck until he or she turns in required paperwork? It is not uncommon, but is it legal?

Who is an independent contractor?

homecarehospiceemployment — Tue, 09 Mar 2010 00:08:14 +0000

This is an introduction to whether someone is an independent contractor or an employee. Various purposes for which the worker’s status must be determined are identified. Eight common problems are discussed.