Employee Issues Legal Compliance Part Two
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PART TWO
Employee Issues and Legal Compliance:
Utilization of Resources and
Addressing Workplace Issues
2
In Part I of this two-part white paper
series on employee issues and legal
compliance, we wrote about the changing
nature of federal laws and how HR
managers in the healthcare and medical
industry can stay informed, connected,
and compliant. In Part II, we’ll look at
delegation of duties and how to mitigate
risk by utilizing new hires and outside
HR agencies.
Delegate and utilize inside
resources when you can. Delegation
of any business process is a win-win
for all involved, given that delegation of
duties allows you the freedom to make
the best use of your time and skills,
and it also allows members of your HR
team the opportunity to develop their
own skills and increase their value to
the organization. However, some HR
delegating efforts to their team members.
It’s understandable that some HR
managers may be initially opposed to
delegation of duties, especially given
that the process often requires a lot
of up-front effort. In many respects,
a delegated duty is little more than a
training opportunity—where the HR
manager is giving a member of the team
manager is tasked with ensuring that
the team member understands the
importance and details of the duty, as well
as the expectations of the manager. And,
as with any training situation, there is
some up-front time, effort, and guidance
involved in the process. Of course, once
the team member fully understands the
particulars of the duty and can perform
the task without supervision, the HR
manager is afforded time in their workday
to concentrate on more important aspects
of the job—such as employee issues and
legal compliance concerns.
Although there are numerous little tasks
that the average HR manager could
easily delegate to team members—
freeing up valuable time—letting
team members be the eyes and ears
of the organization is one of the more
advantageous. Healthcare facilities, as
from having an HR presence outside of
this end, your HR team members can be
of great help—building rapport among
employees, listening to whatever may
be on their minds, getting a sense of
how they think things are going, and
making sure that HR processes are in
line with their interests at all times. And
HR policies and procedures, your team
providing you with valuable feedback
gained from their experiences with
employees across the organization.
Make Your Delegation of Duties
More Effective
Let senior staff members in the
organization know that you will be
delegating tasks
Employee Issues and Legal Compliance:
Utilization of Resources and
Addressing Workplace Issues
3
Select HR team members who
understand the importance of the
Choose only those who have the
skills and ability to do the job
effectively
Delegate to those who are closest
to the work, as they likely have an
intimate knowledge of the work and
its challenges
Match the amount of responsibility
with the amount of authority
Let the team member know how this
and interests
Make sure that your expectations
for the job are clearly understood by
your employees
responsibility for the team member
Establish a process by which the
team member can measure his or her
own success
there is a problem; let the HR
team member provide solutions to
problems and help them come to the
best conclusions
Determine intervals at the end of
which the team member is expected
to report on their effort
Allow the selected team member
responsibilities or workload in order
to carry out new duties
Monitor progress and provide
constructive feedback at regular
intervals
Provide additional support and
resources when needed
Address workplace issues
immediately.
in a practice or a larger healthcare
facility is constantly on the lookout for
problems related to employee behavior
or performance. In some cases, these
problems are merely derelictions of
duties that result in disciplinary action
or termination for the employee. In
other, more serious, cases they may stem
from unacceptable conduct or behavior
that sometimes results in consequences
to the entire organization due to the
fact that they touch upon legal concerns
such as workplace violence, bullying, or
sexual harassment. Here, concerns for
HR team to act quickly and strategize an
appropriate response. Speed is always a
concern when issues involving violence
or harassment arise, due simply to the
fact that the organization is ultimately
liable for conduct and actions of the
people they hire and manage.
Addressing employee concerns helps
protect the organization from greater
risks and liabilities stemming from
poor HR practices. Cases of workplace
violence and harassment have gone
U.S. Equal Employment Opportunity
Commission (EEOC) rigidly enforces laws
forbidding workplace discrimination
and looks for signs of retaliation against
those who report such offenses. So, by
addressing employee concerns (large
4
or small) in a timely manner, with tools
and policies that have been designed
to handle such cases well in advance,
you’re helping to create a workplace
environment where people are valued
and respected and protected.
Recognize when it’s time to hire
qualified help—and act on it. No
single HR manager can do the work
of an entire team. Recruiting, hiring,
training, performance management,
well as numerous other HR functions
only serve to keep the organization
operating at a basic level. Organizational
development, policy recommendations,
and compliance with regulatory rules—
which are higher-level responsibilities
for the HR manager, directly related to
employee issues and legal compliance—
require a methodical, skillful approach.
manager to read, analyze, and interpret
all legal requirements and legislation.
And if there’s little time in the workday
to accomplish these goals, the HR
manager may inadvertently be putting
the organization at risk.
Fortunately, quality HR staff members
can be easily sourced through any
resources. Online job boards such as
HospitalDreamJobs.com offer an effective
set of tools for posting job descriptions
and identifying top candidates. But
although online job boards offer a
powerful recruitment solution to HR
managers—with job-matching technology
that helps them connect to highly-
some face is in acting quickly enough to
secure the employment of top candidates.
According to a survey performed by
RealMatch.com, the primary reason top
candidates turn down offers is because
the practice or hospital HR manager
didn’t act quickly enough to call the
applicant back for a follow-up interview.
Over 40% of those surveyed had rejected
a job offer because the HR department
sat on résumés for too long before calling
the applicant back. Of course, acting fast
does not mean rushing the process. An
has good reasons to avoid the temptation
to rush a hire. Rarely does a hospital or
résumés pile up on a desk and collect
dust. In other words, act fast when it
comes to calling back top candidates, but
take the time to hire smart.
Overwhelmed? Hire a third-party
agency to handle your HR needs.
range of HR services. When cost is a
less than the expense incurred by
creating an internal HR department
from scratch. Among other things,
HR outsourcing can help to shorten
the amount of time your HR team
5
spends dealing with federal and state
third-party HR group (sometimes known
as a professional employer organization)
may include, but not limited to:
Developing guides for interviewing,
hiring, terminating
Developing performance
management tools
Distributing state and federal HR
news and compliance info
Drafting step-by-step compliance
guidelines
Education on sexual harassment or
violence in the workplace
Employee training and development
Employment forms, docs, checklists,
tools
Handling worker’s compensation
concerns
Implementing COBRA and FMLA
Managing payroll services (direct
deposit, check mailing)
Recruiting and hiring
Running background checks
deductions
In the end, hiring a third-party HR team
will allow you to hand over many of the
day-to-day administrative tasks to a
help you handle your HR needs. At the
same time, many third-party HR groups
will share or assume many employer-
mitigates the risk you have with future
employment-related legal concerns.
Conclusion: Human Resources is a
major administrative component with a
broad subset of interests and functions.
In a busy healthcare practice or hospital,
there’s no doubt that a variety of
employee issues and legal compliance
concerns will come up on a weekly
basis. As such, it’s understandable
if an HR team isn’t sure about how
each employee issue or complaint.
Unfortunately, issues such as workplace
injuries, violence, and harassment carry
with them a number of liabilities for
the organization. And, as the practice or
organization grows, so will the need for
these issues and many more.
As stated earlier, it is the job of every
HR manager to know the law and
allows the HR team to respond to
workforce issues correctly the first
time. When this task is too daunting,
your HR department may need to hire
a third-party specialist or consulting
group to handle legal compliance or HR
tasks. Handle what you can, delegate
to others, and use outside experts
when needed—that’s the best advice
someone with a wealth of experience in
the industry could give you.
6
Major Research Links
http://smallbusinessesdoitbetter.
com/2013/12/operating-a-small-business-
without-a-dedicated-hr-department/
http://www.strategichrinc.com/legal-
compliance.htm
http://www.mohave.edu/documents/SBDC/
Resources/HR%20_Employment_Law_
Compliance_Guide_AZ_Employers.pdf
http://www.strategichrinc.com/hr-audit.
htm
http://www.shrm.org/Advocacy/
GovernmentAffairsNews/HRIssuesUpdatee-
Newsletter/Pages/default.aspx
http://www.hr.com/en/communities/
benefits/healthcare_legislation_and_
compliance/
http://www.pebblehr.com/#!/page_
Solutions
http://www.greenoughgroup.com/wp-
content/uploads/2011/07/GCG-HR-Audit.pdf
http://www.shrm.org/TemplatesTools/
hrqa/Pages/WhatisanHRAudit.aspx
http://ipma-hr.org/sites/default/files/pdf/
hrcenter/HR%20Audit.pdf
http://humanresources.about.com/od/
motivationsuccess/a/manage_systems.htm
http://www.dol.gov/compliance/guide/
minwage.htm#RRN
http://www.hrsentry.com/site/small_
businesses
http://www.suny.edu/compliance/topics/
Topics%20In%20Compliance.cfm
http://www.teamonelogistics.com/nearly-
all-carriers-making-changes-for-health-
care-law-tcp-says/
http://www.valencerg.com/hr-services-2/
http://hrpmsi.com/cost.php
http://www.evancarmichael.com/Human-
Resources/3362/Operating-Without-A-
Human-Resources-Department.html
http://www.realmatch.com/what_we_do
http://www.villanovau.com/human-
resource-management-challenges/
http://www.dol.gov/whd/flsa/
http://www.mindtools.com/pages/article/
newLDR_98.htm
http://ucsfhr.ucsf.edu/index.php/pubs/
hrguidearticle/chapter-9-delegation/
