HR leaders needs to look at how they address the safety, other needs of overweight employees. Statistics suggest that at least a small percentage of your employees are overweight or obese. Some of these individuals may qualify for Americans with Disabilities Act (ADA) protections if their weight and related symptoms/problems “substantially limit a major life activity.” You need to know who qualifies for what protections and be prepared to provide these accordingly. Otherwise, you could leave your organization open to discrimination complaints. If an employee is obese and has associated problems—such as joint pain, mobility difficulties, shortness of breath, and/or diabetes, you need to implement a process to determine what accommodations may be needed or possible. Note that the underlying problems may be considered disabilities in their own right, regardless of weight issues; and the ADA considers those workers “regarded as disabled,” even if they don’t meet other criteria. … [Read more...] about Are You Following ADA Guidance on Obesity?
Regulatory
EEOC Acting Chair Offers New Insights on Pay Equity
Know the laws and what you can do to avoid pay discrimination headaches…or worse. Earlier this month, U.S. Equal Employment Opportunity Commission (EEOC) Acting Chair Victoria A. Lipnic published a message about equal pay and highlighted some significant recent legal cases. She started by observing, “What we know at the EEOC is that pay discrimination, the concept of ‘equal pay for equal work’ enshrined in the Equal Pay Act of 1963, is real. We see and bring the cases every year.” She noted that her agency garnered approximately $4.1 million in litigation for discrimination victims whose claims involved equal pay violations. Clearly, HR professionals need to stay on top of these issues so that they can attract and keep talent and avoid the expenses and headaches related to unfair wage claims. … [Read more...] about EEOC Acting Chair Offers New Insights on Pay Equity
CMS Announces Enhanced Focus on Patient Safety, Quality of Care
As CMS moves forward on initiatives targeting safety and outcomes, HR can help teams thrive. In a recent blog, Centers for Medicare & Medicaid Services (CMS) administrator Seema Verma detailed her commitment to maximizing safety and quality in long-term care. Her comments have triggered conversations about these issues; and they also present an opportunity for HR to get involved and promote safety and quality care in their organizations. Verma stated that her agency is “not settling for the status quo.” She said, “I have directed my team…to undertake a comprehensive review of our regulations, guidelines, internal structure, and processes related to safety and quality in nursing homes.” She talked about CMS’s “five-part plan to ensure the care provided in America’s nursing homes is of the highest possible quality.” This plan involves strengthened … [Read more...] about CMS Announces Enhanced Focus on Patient Safety, Quality of Care
What HR Needs to Know about PDPM
A new person-centered reimbursement model is coming to SNFs, and you need to be on the ground floor for change. The Patient Driven Payment Model (PDPM) is the new Medicare payment rule for skilled nursing facilities, replacing the current reimbursement system (called RUG-IV). PDPM represents a significant change and goes into effect on October 1st. While patients’ therapy minutes currently drive payment for SNFs, PDPM provides reimbursement based on the complexity of individual patients’ care needs as detailed in the primary and secondary diagnoses. Under this new system, HR takes on a heightened role in helping to ensure the organization’s success. … [Read more...] about What HR Needs to Know about PDPM
From Harassment to Health Care: States Confront Hot Issues
Stay on top of pressing state, local concerns impacting HR. A new study identifies the leading concerns for U.S. companies and how state and local lawmakers are addressing them. Not surprisingly, number one is sexual harassment prevention. State legislators everywhere are grappling with this issue in the workplace. In fact, there are a record number of state proposals on harassment, proposing solutions such as detailed arbitration agreements, expanded protections for non-employees, and stronger prevention efforts such as mandatory policies and interactive training. … [Read more...] about From Harassment to Health Care: States Confront Hot Issues
When Disaster Strikes, Do You Have Answers Employees Need?
Don’t wait for an emergency to know ins and outs of FLSA, FMLA compliance. Hurricanes, tornados, floods, fires, blizzards. When disaster strikes, employers have a plethora of concerns. As HR, you need to think about Fair Labor Standards Act (FLSA) and Family Medical Leave Act (FMLA) compliance; and you should be prepared to answer employees’ questions about how, when, and if they will be paid if there are evacuations or closures or they need to take time off. Nonexempt employees only have to be paid for the time they actually work. Therefore, if your organization is evacuated or closed and they don’t have to report to work, these workers don’t have to be paid. Exempt (salaried) employees, on the other hand, must be paid their full salary if they work any time during the week of a closure or evacuation. For instance, if everyone but essential staff are sent home on Wednesday because of blizzard and not required to report back to work until Friday, they must receive their full, … [Read more...] about When Disaster Strikes, Do You Have Answers Employees Need?
House Passes Paycheck Fairness Act: What’s Next?
Pay equity is a hot issue that can impact morale, engagement, and retention. Don’t wait for a law to address it. By a 55-vote margin, the U.S. House of Representatives passed the Paycheck Fairness Act (H.R. 7) this week. If passed into law, the bill would prohibit employers from asking job candidates about their salary history and require them to demonstrate definitively that pay disparities between men and women are job-related. … [Read more...] about House Passes Paycheck Fairness Act: What’s Next?
CMS Announces Changes to Star Rating That Impact Staffing
More than ever, you need an engaged, experienced, reliable team to shine. Stepping up your game on staffing is more urgent than ever after an announcement last week out of the Centers for Medicare & Medicaid Services (CMS). The agency outlined plans to update the star ratings on its Nursing Home Compare website in April to include tougher criteria for staffing level ratios. Specifically, CMS is setting higher thresholds and evidence-based standards for nursing home staffing levels. According to a news release from the agency, “Nurse staffing has the … [Read more...] about CMS Announces Changes to Star Rating That Impact Staffing
Respecting Religious Freedom in the Workplace
Federal law prohibits religious discrimination. Are you protecting all of your employees? Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on religion. This includes refusing to accommodate an employee’s sincerely-held religious beliefs or practices. Take a few minutes to review the key tenets of workplace religious accommodation and make sure you are protecting all of your employees. … [Read more...] about Respecting Religious Freedom in the Workplace
Addressing the Cannabis Conundrum
Are you ready to handle the issues, challenges of legal medical cannabis? Currently, 33 states and the District of Columbia have approved the use of medical cannabis for various illnesses and conditions; and more states are likely to follow suit. At the same time, recreational marijuana use is currently legal in 10 states and the District of Columbia. While details of the laws vary from state to state, experts suggest a few steps you can take to ensure your organization is complying with employment and medical cannabis laws in your jurisdiction. … [Read more...] about Addressing the Cannabis Conundrum