With any new information on HIPAA, which is scheduled to come into effect in April 2005. you need to be aware of the confidentiality laws that apply to your job. One aspect of confidentiality concerns legislation employment. There are federal and state guidelines covering employment and discrimination law.
The common law governing relations between employers and workers in terms of tort and contract obligations. These rules are part of the establishment of law and the relationship between ideology (the employer) and Agent (employees). In some cases, but not all, this law has been replaced by statutory enactments, mainly at the federal level. Balance and co-operation between employer and employee is very affected by the regulations. Employment between management and employee is regulated by federal law designed to promote the management of the employer and employee welfare. Federal law also regulates and prohibits discrimination in employment based on race, sex, religion, age, disability or national origin. In addition, Congress has also assigned the employers to their employees safe and healthy environment to work in. All states have adopted the worker compensation laws that provide benefits to employees who are injured during their work for the employer.
As I mentioned above, one that is closely related to the agency’s employees. and rule-independent developers. The employer-employee relationship, also called (master-slave relationship), the employer has the right to control physical conduct employee. Anyone who engages independent contractors to do certain work has no right to control the execution of independent contractors in the implementation of his contract. The contract time to finish the job depends on the employer time to complete the proposed project (s), or work. Keep in mind that an employer can still be held liable for the tort committed by an employee within his scope. In contrast to the usual employer is not liable for the tort committed by an independent contractor, but there are cases where the employer can be held liable for acts of an independent contractor. Know your laws apply to hire a person as an independent contractor.
Labor law is really not a job of Chiropractic in a friendly setting. We will focus on employment and discrimination law. There are a number of federal statutes that prohibit discrimination in employment based on race, sex, religion, nationality, age and disability. The main frame of Federal employment discrimination law Title VII 1964 Civil Rights Act, but also the Equal Pay Act, discrimination in employment Act of 1973, the Rehabilitation Fund Act of 1973, and many Executive Orders. In any case, every state has enacted a law prohibiting same-discrimination statutes and Federal
Equal Pay Act :. This act prohibits an employer to discriminate against employees on the basis of sex by paying unequal wages for equal work. The law also prohibits employers from paying wages at a rate less than the rate he pays for the same work at the same institution. When an employee has shown that the employer unequal pay for equal work to members of the opposite sex, the burden of proof moves to the employer to prove that pay differences based on the following:
1. Seniority system
2. Merit System
3. A system that measures earnings by quantity or quality of production
4. Or any factor except sex.
Provision can be recovery of back wages and enjoining the employer from further unlawful conduct and or substantial fines.
Civil Rights Act of 1964 Title VII of the Civil Rights Act prohibits discrimination based on race, color, sex, religion or national origin in hiring, firing, salary, promotion, training or personnel. Each of the following may violate prohibited by law
1. The employer utilizing a prohibited criteria making employment decisions. Prima facie evidence would show if the employee was a protected category, applied for the open position and was qualified for the position, was denied work and working on trying to fill the position. When these criteria are established, the burden of proof moves to the employer to justify nondiscriminatory reason for the rejection of the person for the job.
2. The employer engages in conduct which appear to be neutral or non-discriminatory, but continues to remain discriminatory practices.
3. The employer agrees rules, which are harmful to protected classes, which are not justified as being necessary to practice business. The Enforcement Agency’s Equal Employment Commission (EEOC). It has the right to file legal action, resolved action with visual or other means prior to filing suit. Investigate all charges of discrimination and instructions and rules enforcement policy law discrimination
The Act provides three defense :. A bona fide seniority or merit system, an occupational qualification or professionally developed ability tests. Violations of this law are: enjoining the employer from engaging in unlawful conduct or behavior. Affirmative action and the re-appointment of and back wages from the date of not more than two years before the application for payment with the EEOC
Age discrimination in employment law in 1976 :. This Act prohibits discrimination in hiring, firing, pay, based on age. Under VII that address all of these areas and age, but it is especially benefit individuals aged 40-70 years. The language of the Act is material for persons between 40-70 years. Protections and remedies are the same as the Civil Rights Act of 1964.
Security personnel: In 1970, Congress enacted the Occupational Safety and Health Act. This Act ensures that every employee have a safe and healthy working environment. This Act established that OSHA develop a standard, carry out inspections, monitoring and Institute and enforce measures against non-compliance.
law employers to provide a work environment that is free from recognized hazards that may cause or likely to cause death or serious physical harm to employees. In addition, employers are required to meet certain security risks described by OSHA rules and regulations.
The law also prohibits any employer from discharging or discriminating against an employee who leaves his rights under the Act.
The enforcement of this Act includes controls and authorizations for the following:
1. Breach of general obligations duty
2. Violation of specific safety and health
3. Failure to keep proper records, prepare reports or post notices required under this Act
When violations are written citation, proposed penalty, or remedial date given to the employer. Citations can be contested and heard by the administrative judge at a hearing. The Occupational Safety and Health Review Commission may grant review of a decision of an administrative law judge. If not, the judge’s decision will be final. The effects party may appeal the decision to the US Circuit Court of Appeals.
Penalties for violations of both civil and criminal, and can be as high as $ 1000.00 per violation per day, but criminal penalties as well for unlawful violation. OSHA may shut down the company for violations that create risks of death or serious injury
employee benefits :. Most measures of injured workers from the employer are due to failure of the employer to use reasonable care in the circumstances for the safety of the employee. Such measures employer has several well-known defense of him. They are, however, fellow rule. This rule does not make the employer responsible for any damage due to employee negligence fellow employee. If an employer discovers that an employee negligence contributed to the injury he suffered in the course of his employment, in many countries the employee can not recover damages from the employer. Voluntary assumption of risk is the third defense. Employers in most jurisdictions is not liable to the employee for damage or injury caused by unsafe conditions of the premises if the employee with knowledge of the facts and understand the risks involved, voluntary Inters enter or remain in the employment of the employer.
Keep in mind that all countries have set employee benefits Post. These rules created commissions or committees to determine whether the injured employee is entitled to receive compensation. Protection above are not available in most countries for employers to continue under this Act. The only requirement is that the employee be injured in the course of his employment
Fair Labor and Standards Act :. This act regulates the employment of child labor outside agriculture. This act prohibits hiring someone less than 14 years in the non-agricultural. Fourteen and fifteen year old can be used for a limited number of hours outside of school hours under certain conditions hazardous jobs. Sixteen and seventeen year olds can work in any non-hazardous jobs. Eighteen years and older person can work in any job. This Act sets wage and hour claims fall upon employers. This act provides for a minimum hourly wage and overtime.
Remember HIPAA law involved in confidence and proper registration and address many of the areas discussed in this article.