Employment and Labor Laws Analysis & Strategic Compliance Paper

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Group 2/Employee Evaluation

  • In The Law of Health Care Administration, 9th Ed, read: Ch. 7 Liability of the Health Care Institution.
  • The Tracks We Leave Ethics and Management Dilemmas in Healthcare, 3rd Ed.: Ch. 8 Nurse Shortage: Metropolitan Community Hospital

Part 1: Critical Analysis of the Law

  1. Evaluate and discuss the requirements of one of the following laws and how it applies in managing employees. What does a manager need to do or not do to comply with it?
    • Fair Labor Standards Act (FLSA) overtime provisions
    • Family Medical Leave Act (FMLA) leave provisions
    • Americans with Disabilities Act (ADA)
    • Genetic Information Non-Discrimination Act (GINA)
    • Sexual Harassment
  1. Evaluate one of the following tools for compliance in the evaluation and indicate how it would help limit risk. Discuss the pros and cons of it.
    • Employee evaluation checklist
    • Employee evaluation policies and procedures
    • Corrective action policies and checklists
    • Union clauses that impact employee evaluation, promotion, and appeal rights and impact how an employee was treated.

Part 2: Strategic Compliance with the Law

Evaluate the scenario in Ch. 8 Nursing Shortage: Metropolitan Community Hospital.

  1. What are the legal risks? What are risks specific to staff negligence and liability?
  2. What would management compliance tools (one) and processes (one) be incorporated in the organization to prevent this problem?
  3. Assume there is a nursing shortage. What employee retention tools(one) and processes(one) would you incorporate to improve nursing retention and minimize the likelihood of a negligence lawsuit?