Transcript 3.2.1 Critical Staffing Issues.PPT

Critical Staffing Issues
During a Bioevent
Marjorie Fochtman, Esq.
Joshua M. Henderson, Esq.
Nixon Peabody LLP
Communications with
Employees
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Drafting a Communicable Disease Policy
Communicating with the ill employee
Communications when a large
percentage of the workforce is struck
Communicating the shutdown decision
Communications with
Employees
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What should be included in a
Communicable Disease Policy?
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Prevention
Risk Factors
Symptoms
Procedures
Communications with
Employees
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Communicating with the ill employee
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Balancing the right to privacy versus the
need to know
HIPAA
 California confidentiality of medical information
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Communications with
Employees
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Communicating with the ill employee
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Leave rights and responsibilities:
Workers’ compensation
 Sick leave / short-term disability
 Vacation
 FMLA
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Communications with
Employees
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When a large percentage of the
workforce is struck
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Maintaining a healthy workforce while
covering key positions
Communications with
Employees
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When the employer must shut down
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Communicating the shutdown decision
Wage and Hour Issues
for Exempt Employees
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Salary basis issues for exempt
employees
Exempt employees performing
non-exempt work
Wage and Hour Issues
for Exempt Employees
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Exempt employees must be paid on a
“salary basis”
Salary can be docked under only very
limited circumstances
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Full-day absences for personal/vacation
leave
Full-day absences for sick leave if employee
has bona-fide sick leave plan
But not for partial-week shutdown
Wage and Hour Issues
for Exempt Employees
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Consequence of violation:
lose exempt status
If exempt employees perform nonexempt work, exempt status may be in
jeopardy
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California 51% rule
Workweek analysis
Wage and Hour Issues for
Non-Exempt Employees
Time and a half:
Double time:
 After 40 hours in a  After 12 hours in a
week
day
 After 8 hours in a  After 8 hours on the
day
7th consecutive day
in the workweek
 For the first 8
hours on the 7th Salaried non-exempt: hourly
consecutive day in rate is 1/40 weekly salary
the workweek
Overtime and Other
Wage and Hour Issues
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Alternative workweek schedules
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Upon their employer’s proposal, employees
may adopt regularly scheduled alternative
workweek that authorizes work by the
affected employees for no longer than 10
hours per day within a 40-hour workweek
without payment of overtime compensation
Requires secret-ballot election, approval by
at least 2/3 of affected employees in work
unit
Overtime and Other
Wage and Hour Issues
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Physician Compensation:
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California Labor Code Section 515.6
If not paid on a salary basis, licensed
physicians or surgeons who earn $61.65/hour
(as of 1/1/06) or more are not entitled to
overtime pay, except employees in a medical
internship or resident program, or physicians
covered by a collective bargaining agreement
Overtime and Other
Wage and Hour Issues
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Overtime to cover for absent employees
Overtime and Other
Wage and Hour Issues
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Required use of time off:
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Sick leave
Vacation / PTO
Leaves of Absence
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FMLA/CFRA Issues
Absenteeism
Contingent Workforce and
Emergency/Supplemental
Staffing
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Background checks
Unionized employer – Obligations under
Collective Bargaining Agreement
Alternative Workplace Issues
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Work from home issues
Travel time for non-exempt employees if
longer commute to alternative workplace
(outside of home)
Indemnification obligation under Labor
Code section 2802 for longer commute
Managing Travel Restrictions
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Finding alternatives to getting work done
Teleconferencing, alternative ways to
communicate
CDC travel advisories, restrictions
Benefit Programs
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Workers’ Compensation
Health Care
Disability Benefit Plans
SDI
Benefit Programs
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Paid family leave
EAP programs
Grief counselors
Thank you
Marjorie Fochtman, Esq.
Joshua M. Henderson, Esq.
Nixon Peabody LLP
Two Embarcadero Center, Suite 2700
San Francisco, CA 94111
Tel: (415) 984-8450 – Fax: (415) 984-8300
E-mail: [email protected]
[email protected]