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10 Tips for Health Agencies to Help Prevent Lawsuits

Wage and hour lawsuits are being filed against employers at a record rate. Aggressive plaintiff attorneys use class- and collective-action procedures to pursue hundreds maybe even thousands of current and former employee claims cases. Since wage and hour issues can affect any company or organization, all industries are at risk.

Most wage and hour claims allege the employer:

  • Failing to pay employees for off the clock work
  • Failing to pay employees for overtime worked
  • Misclassifies employees as exempt from overtime pay requirements
  • Made improper deductions from employees pay

Health agencies are particularly susceptible to wage and hour violations. This is due to the fact that the typical workforce of a health agency is composed of hourly employees who do not work in a traditional setting. Compliance attention by many health agencies is understandably focused on navigating the healthcare laws and regulations governing their industry and not on the wage and hour laws.

Paying more attention to wage and hour risks will help prevent future lawsuits as well as put employers in a much better position to defend against lawsuits that are filed. 

Here are 10 Tips for Health Agencies to Help Prevent Lawsuits

  1. Stay up to date on changes in the law
  2. Use an effective time-keeping system
  3. Implement comprehensive written policies
  4. Engage outside counsel to conduct a wage and hour audit
  5. Conduct periodic compliance training
  6. Separate companies are not necessarily separate companies – It is quite common for health organizations to operate several different companies. It is also common for employees to work for multiple health organizations that share ownership. Be careful when tracking hours worked by employees at multiple locations.
  7. A meal break should be treated as a meal break
  8. Pay attention to employees who work remotely
  9. Make sure to properly calculate the “regular rate” of pay
  10. Be prepared to defend each employees’ exemption

Original article source: 10 Tips to Mitigate or Prevent Wage and Hour Litigation in The Post-Acute Industry

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