Legal Issues For Medical Staffing Agencies
Medical staffing agencies basic premise is to find qualified staff and link them to hospitals. Dealing with what hospitals need and want often places staffing company’s in a position that can lead to having issues with human resource and legal issues. Be aware of the laws that exist and how those laws affect your particular State and how those laws are administered by local and state regulatory bodies within your specific niche. You must adhere to such things as what benefits are being given, how you classify your staff and what taxes must be paid.
Classify Your Staff Correctly
It is a common practice in the field of staffing to classify employees as independent contractors. One main reason for this is due to the many requirements set forth by different states, those requirements often places staffing agencies at a financial disadvantage having to pay workers more and having to be responsible for taxes owed to States based on how your employees are classified. The Government is also aware that this classification is a “Red Flag” for them, especially being that self-employed staff according to the Government are less likely to report.
Follow the law
It may be tempting to classify your staff as exempt therefore not having to pay them overtime. This may be a direct violation of the Fair Labor Standards Act. Therefore, correctly classifying your staff and paying them for the overtime they work is a critical part of following the labor laws.
Do Not Discriminate
You agency is not exempt from having to follow the different regulations and laws that deal directly with who you hire and how you hire them, It is no different than any other business. Just like any other business, you cannot discriminate based on gender, age or race. Other regulations you must comply with are the Americans with Disability Act (ADA). Further, looking at other possible regulatory bodies to look at is OSHA standards related to the job. Your agency and the staff you hire can be eligible for unemployment compensation and you must comply with these laws as a staffing agency.
Your agency really must look at all aspects of what is being offered, what documents are being signed, how to deal with disciplining staff and how to fire staff. You need to make sure your contracts are analyzed and protect you and your business in the event you are sued. Do not ignore the need to cover your basis when starting or growing your business. You may already have a business, but the legal aspects of running an agency cannot be ignored and must be dealt with and updated continually.
Violation of employment laws can be daunting if not correctly dealt with agreements, hours worked and proper payment. Your staff is the lifeblood of your organization, treating them equally and equitable is the right thing to do, but also protecting your business from legal issues is your responsibility. Always consult an attorney for any legal issues related to employment law.
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