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EMPLOYMENT LAW UPDATE

How HR regulations could change under Biden administration

By Mike O’Brien bio Employers may be wondering how a Biden administration will affect workplace laws. Prior to the election, Biden’s campaign website gives some clues as to his priorities in this area. Biden lists the failure to pay minimum wage and overtime pay, forcing off-the-clock work, and misclassifying workers as problems resulting in billions of dollars a year in wage theft. To address those issues, he proposes a phased-in implementation of a $15 per hour federal minimum wage (including eliminating the tip credit). He also supports the adoption of a more stringent test for classifying workers as independent contractors, similar to the ABC test employed by California. This type of test would almost certainly result in many more workers being deemed employees and fewer being properly classified as independent… . . . read more.

Can we use a contact tracing app to protect our business and employees?

By Lynne Curry bio Question: Every morning we conduct wellness checks on our employees as they arrive at work, but worry that some employees don’t monitor physical distancing when not at work. We’re barely hanging on as a practice, but all it would take is one employee getting COVID and infecting our other employees to shut us down. We have heard apps can provide real-time contact tracing and wonder if we can require our employees to wear them even when not at work? Answer: Potentially. According to the Occupational Safety and Health Administration, employers must act to reduce and manage COVID-19-related hazards in the workplace. Employers can view video surveillance that shows when employees clock in and out and reveal an employee’s interactions while at work. Employers can provide employees… . . . read more.

Do employers owe employees paid sick leave when they self-quarantine?

By Lynne Curry bio Question: After I spent a weekend bar hopping, I felt remorseful, and self-quarantined so I wouldn’t bring COVID into my workplace and make others ill. I also took a COVID test and luckily tested negative. Since my employer had moved everyone back on-site, I couldn’t work remotely and labeled my time off as sick leave. I just got my paycheck and apparently my employer has denied my sick leave. What’s my recourse? Answer: The Families First Coronavirus Response Act (FFCRA) allows most private sector employees up to 80 hours of paid sick leave in five instances. A health care provider advises the employee to self-quarantine; the employee is seeking a diagnosis for COVID-19 symptoms; the employee or someone the employee is caring for is under a… . . . read more.

COMPLIANCE

How to Create a Legally Sound Substance Abuse Policy

Bottom Line on Top: Make it all about fitness for duty, rather than zero tolerance Although it may sound good, zero tolerance may not be the best foundation on which to build a legally enforceable workplace substance abuse policy. This is especially true in states that have legalized recreational marijuana. The reason drug and alcohol use and impairment in the workplace cannot be tolerated isn’t so much that it’s illegal, but because it renders employees unfit to do their job. In addition to undermining the productivity you’re entitled to expect from your employees, this unfitness for duty may pose a health and safety dangers to not only the employee who’s high but others in the office. Here are 14 things to include in your Substance Abuse and Fitness for Duty… . . . read more.

COMPLIANCE

How to create a legally sound COVID-19 medical screening policy

 As essential workplaces, medical offices need to remain open and operating during the pandemic. At the same time, they need to ensure that employees practice social distancing and keep the infected and potentially infected away from the well. Like so many other companies facing the same challenge, you may be considering medically screening your employees each day before letting them into the workplace. While screening is highly problematic in normal times, regulators have grudgingly acknowledged that it may be a justified health and safety measure during the pandemic. The operative phrase is “may be,” which means that limits still apply. As office manager, you need to recognize and ensure keep your facility in compliance with those limits. Here’s how. Three ways COVID-19 screening can get your office into legal hot… . . . read more.

COVID Q&A

5 questions on the virus and your medical office

By Lynne Curry  bio 1 Pushback from employees who choose to stay on unemployment Question: We didn’t expect the pushback we got from two of our furloughed employees when we called them back to work, particularly as we allow employees to work from home part of the workweek if their work can be accomplished remotely. One ignored two “return to work” emails but responded to a “work starts Monday” text with “thanks, but no thanks.” The other emailed he needed a raise if we wanted him back. We called him and said, “that’s not in the cards, we’re barely squeaking by.” He said he made more money on unemployment than working, so there was no real percentage in returning to work. What do we do with this? Answer: A condition… . . . read more.

Quiz

Office’s duty to protect returning employees from COVID-19 discrimination and harassment

SITUATION Fully recovered from his bout with COVID-19, Max is thrilled and excited to return to his custodian job after 14 days of mandatory home isolation. But almost immediately, he senses that something is wrong. His co-workers shun him and leave the room the moment he enters. And, while hygiene and handwashing are de rigueur for all maintenance staff, Max alone is required douse his hands in germicide and don rubber gloves each time he touches a piece of equipment. Worse, his supervisor harasses him and calls him “virus boy.” After weeks of putting up with it, Max complains to office management. But his complaints fall on deaf ears and he continues to be ostracized and made to take extraordinary safety and hygiene measures not required of anybody else. So,… . . . read more.

TOOL

Telecommuter home office hazard assessment & inspection checklist

While not an OSHA obligation, it’s highly advisable to take measures to protect the health and safety of telecommuting office employees who work from home. How? By having employees seeking approval to telecommute designate a room or area as their home workspace and arranging for somebody to perform a hazard assessment inspection to verify that the workspace is safe, healthy and appropriate for the proposed use. Option 1: Have an office supervisor or manager visit the site and do a physical walk-through inspection; Option 2: Have the employee videotape the space and/or submit detailed photos and a floor plan and do the inspection virtually; Option 3: Have the employee inspect the space himself/herself. Whoever does the assessment should use the Checklist below.

EMPLOYMENT LAW UPDATE

COVID, opioids and payroll taxes on HR radar

By Mike O’Brien bio  Applicants, testing, and screening The EEOC has said you cannot test applicants for COVID-19 until after a conditional job offer. Fine, makes sense. What about taking temperatures? You can take a temperature of visitors to your business/office to make sure they are not bringing COVID-19 with them. In fact, you may have an OSHA duty to do so to protect your workers from the pandemic. What about applicants visiting your office to apply to interview—can you subject them to the same temperature screening as all other visitors? Logic would say yes; but the EEOC guidance says no, you can only take an applicant’s temperature after a conditional job offer. Yet, a visiting applicant with COVID-19 could turn your office into a virus hot spot, thus attracting… . . . read more.

Tool: Model Mandatory Face Mask Policy

More than 20 states have enacted laws requiring the use of face masks or coverings in indoor public places, which would include workplaces like medical offices. Here’s a Model Policy incorporating current legal requirements and public health guidance that you can adapt for your own office.


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