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Chapter 1-3 of Payroll System
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Recommended: Chapter 1-3 of Payroll System
Employment benefits are the foundation of a financial portfolio that often enhances the value of any work completed on the behalf of a company or organization. Those benefits are based on the work of several people and organizations in years past that fault to protect some basic and not so basic rights. The rights have unified protection under the law and have agencies that facilitate the law guidelines and will punitively impose sanctions if an employer is guilty of violating those laws based on results of a suit an employee file against a company.
FMLA
Family Medical Leave Act (FMLA) was design to help family that may need to leave their employer’s employment for a certain amount of time (12 Weeks) provided they have work with the company for 12 months and have worked at least 1250 hours during that time. The leave can be to care for another immediate family member with medical challenges or they have medical health challenges of their own. Employees can take FMLA to cover time away from work for childbirth, adoption placement or foster care of a child as well. This law has strict restrictions and has severe consequences for those companies who violate or interfere with its policy. In a recent case, an employee filed suit against her company claiming retaliation because she sent an email stating she wanted to request leave. The employee has previously used FMLA leave before and was aware of the proper procedure for requesting FMLA leave. The manger replied approved to the email but 4 days later she was reassigned to a lesser paying position. The employee later filed a suit based on the retaliation from the leave. The 11th Circuit did affirmed the lower court’s ruling on the case based on the fact the employee knew what the polic...
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...to pension funds of iowa iron casting foundry and michigan manufacturer (13-1090-ATL). Retrieved from website: http://www.dol.gov/opa/media/press/ebsa/EBSA20131090.htm
Jurrens-Sudkamp, E. (2009). Cobra's Gross Misconduct Exception: Strategies for Compliance in the Face of Uncertainty. Labor Lawyer, 24(3), 399-428.
Milkovich, G., Newman, J., & Gerhart, B. (2014). Compensation. (11th ed.). New York: McGraw-Hill.
Needham, N. (2013, January 8). Cms employees may have identities compromised. Retrieved from http://www.wbtv.com/story/20533847/cms-employees-may-have-identities-compromised
Tatum, R. (2013). Legal Alert: Employers Should Be Aware of the Risks of Unexpected FMLA Liability. Venulex Legal Summaries, 1-3.
U.S. Department of Health & Human Services. (n.d.).Summary of the hipaa privacy rule. Retrieved from http://www.hhs.gov/ocr/privacy/hipaa/understanding/summary/
Overall these sources proved to provide a great deal of information to this nurse. All sources pertained to HIPAA standards and regulations. This nurse sought out an article from when HIPAA was first passed to evaluate the timeline prospectively. While addressing the implications of patient privacy, these articles relate many current situations nurses and physicians encounter daily. These resources also discussed possible violations and methods to prevent by using an informaticist and information technology.
A back up plan such as cross training other employees will be beneficial. When an employee is out for 12 weeks, it can slow down productivity and causes profit losses for the company due to lack of replacement. Here is an example of a negative impact of FMLA. There are 3 nurses in the ER that are pregnant. From day-to-day, there is a shortage of staff that occurs on the unit. The nurses that are pregnant will be on maternity leave at least 2 months apart. The best thing that management and HR should do is to hire at least 3 per-diem nurses to fill in. What you do not want to happen is the rest of the staff to become overwhelm because of staffing issues. A situation as such does not help the morale of the staff, and customer satisfaction will be at a higher
US Congress created the HIPAA bill in 1996 because of public concern about how their private information was being used. It is the Health Insurance Portability and Accountability Act, which Congress created to protect confidentiality, privacy and security of patient information. It was also for health care documents to be passed electronically. HIPAA is a privacy rule, which gives patients control over their health information. Patients have to give permission any health care provider can disclose any information placed in the individual’s medical records. It helps limit protected health information (PHI) to minimize the chance of inappropriate disclosure. It establishes national-level standards that healthcare providers must comply with and strictly investigates compliance related issues while holding violators to civil or criminal penalties if they violate the privacy of a person’s PHI. HIPAA also has boundaries for using and disclosing health records by covered entities; a healthcare provider, health plan, and health care clearinghouse. It also supports the cause of disclosing PHI without a person’s consent for individual healthcare needs, public benefit and national interests. The portability part of HIPAA guarantees patient’s health insurance to employees after losing a job, making sure health insurance providers can’t discriminate against people because of health status or pre-existing condition, and keeps their files safe while being sent electronically. The Privacy Rule protects individual’s health information and requires medical providers to get consent for the release of any medical information and explain how private health records are protected. It also allows patients to receive their medical records from any...
In response to the increasing need for employees to balance the demands of the workplace with the needs of families, Congress passed the Family and Medical Leave Act. Without a policy like FMLA in place, many employees often would have had to choose between “the job they need and the family they love” (Hayes). The Family and Medical Leave Act of 1993 is the first national law created to help Americans balance the demands of the workplace with the needs of the family. It successfully helps bridge the gap between family and work and secures the right for both men and women to get unpaid leave and assistance when dealing with family related circumstances.
United States Department of Health and Human Services (HHS). (2014). About the law. Retrieved from http://www.hhs.gov/healthcare/rights/
Walsh, D. (2012). Employment law for human resource practice. (4 ed.). Macon: South-Western Legal Studies in Business.
In April 2010, KK BB, the CEO of Marshall & Gordon, a leading public relations firm met with the firm’s leadership committee off-site in Miami. This off-site brought together Marshall & Gordon’s executive committee, practice and regional heads, and senior HR officers to discuss on redesigning the firm’s compensation system. A global advisory taskforce, under the direction of an external consulting firm, had spent three months collecting and analyzing data. Marshall & Gordon hired external specialists to design the new performance management program. The specialists proposed that the senior managers and human resource form a global advisory unit together with Marshall & Gordon partner to represent the firm’s five regions of the firm and lead the design process. The advisory unit surveyed all consultants in February in order to understand their way of thinking about the fairness, worth, and effect of the current performance management system. Majority of the interviewees responded to the corporate surveys implying that the subject was topic was especially exciting to them. Interviews gave insights on present and prospective business plans and direction. The survey also showed that specific focus across certain employee populations should be given. Six current hires from key competitors were also interviewed to comprehend competitor pay practices and compensation program structures. Further focus groups discussions and key information interviews enabled the taskforce’s to understand the needs of certain groups within Marshall & Gordon’s worker population. The survey culminated with the taskforce conducting interviews of 20 partners and principals togeth...
Offering employee benefits is one way a company must competes in today’s marketplace to retain old employees and attracts new ones. These benefit packages may range from offering basic health insurance to additional discretionary and perk benefits such as vacation and retirement packages. Benefit packages are often a large portion of employee costs and Federal mandates require an employer to carry and offer certain benefits even if they offer nothing else. Federally required employee benefits make up approximately a quarter of the costs associated with employer offered benefit packages. Some of these mandated benefits include Social Security, Worker’s Compensation Insurance, and the Family Medical Leave Act.
The guidance explains and clarifies key provisions of the medical privacy regulation, which was published last December (HIPAA, 1996). Guaranteeing the accuracy, security, and protection of the privacy of all medical information is crucial and an ongoing challenge for many organizations. References American Medical Association (2005). Retrieved December 7, 2008, from http://www.ad http://www.ama-assn.org/.
The article then goes into minor detail about how FMLA will be denied based on lack of advance notification, or uses fraudulent means to try and obtain a leave of absence. Next we see several examples for the purpose of the laws creation, and what type of situation that it was established for. In this case, the writer gives the details of a baby who needed constant care with oxygen and a heart monitor, and the mother was denied the leave of absence by her employer, someone who was fired because they had an ailing parent that needed their attention, and finally a woman who lost her job because she was absent due to her own chemotherapy treatments to cure her cancer. The article teeters back again to the side of dissent that there are those who believe that government should stay out of business practices. The article then veers back to the topic of FMLA abuse, and blames the employee and their healthcare providers for misinterpreting an
United States of America. National Employment Law Project. National Employment Law Project. N.p., Jan. 2011. Web. 18 May 2014.
Many employees when looking for a job or deciding whether to stay with their current employment often considers the employee benefits the company offers.
While the 1993 Family and Medical Leave Act theoretically guarantees all workers up to 12 weeks of unpaid leave to care for a new child or sick family member, it applies only to businesses with more than 50 employees, only covers workers that have been with their employer for at least one year, and doesn’t extend to part-time workers. These exemptions are significant; they ensure that just over half of American workers and less than a fifth of all new mothers are actually covered by FMLA. And they disproportionately affect low-income workers, who are more likely to work for small businesses, change employers frequently, and piece together multiple part-time
Chapter 19. p413. John G.Fleming [4] P419. Textbook on Torts 8th edition. Michael A.Jones [5] Vicarious Liability for Employers. Andrew Scott-Howman.
Attracting and retaining the most talented employees is essential for long-term organizational success. An important component to attracting and retaining such employees is the design and implementation of an effective compensation and benefit system. Assuming the role of a highly regarded human resource consultant hired to review, analyze, and revise the compensation and benefit system utilized by my city’s largest employer, Holland Enterprises, this paper presents a revised compensation and benefit strategy that suits the firm. This proposal describes how an effective compensation and benefit system could contribute to organizational effectiveness in the firm, the principle components of the revised compensation and benefit system for the