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Staff Management > 02 Legal Requirements (36 docs)

02 Legal Requirements (36 docs)

Free Forms, caregiving, nursing forms, policies, Licensing, Training, Case Management, Home Care, Assisted Living, DD, MI, HCBS


02-A Laws Governing Employers (18 docs) 02-A Laws Governing Employers (18 docs)

Documents in 02 Legal Requirements (36 docs) (36)

2012 USA Wage Requirements 2012 USA Wage Requirements
A great article on what Care Business Information on "At Will" Employment - Definition
A helpful plan for supervisors, covers the basics of preventive actions to minimize threats and protect residents and employees who work at your care facility business.  

Work place violence can and does occur. It can be random and very unexpected. In our business, easy access to the facility is not uncommon. OSHA's Fact Sheet describes workplace violence as Care Facility Anti Violence Plan - Supervisors Edition
Companionship Services Labor Home Care Rule FLSA 

The Department of Labor (DOL) issued the Home Care Final Rule on October 1, 2013.  The Rule will go into effect after the appellate courts mandate issues. 

The Rule contains two major changes. First, it clarifies and narrows what constitutes FLSA-exempt companionship services. Second, it excludes third-party employers, such as home care agencies, states, and other public entities that solely or jointly employ home care workers, from claiming either the exemption from minimum wage and overtime that applies to the narrowly defined occupation of companions or the overtime exemption that applies to live-in domestic workers. Companionship Services Labor Home Care Rule FLSA
Sample company policies and procedures to help prevent harassment and discrimination in the work place.  Useful model for LGBT for care homes including assisted living facilities, home and community based care homes, residential facilities and others. Company Policy and Procedures Against LGBT Discrimination
Compliance Checklist for OSHA Bloodborne Pathogens Standard - national Compliance Checklist OSHA Bloodborne Pathogens Standard
A great article covering employers requirements to accommodate disabled employees.  FMLA information, privacy issues and applicants' rights. 

Job Applicants, Current Employees, Family Medical Issues, and Privacy Rights

Disabled Applicant Rights

In 1990 Congress passed the Americans with Disabilities Act that prohibited employers from discriminating against individuals with disabilities. This Act protects qualified applicants with a disability, when applying for or retaining a position. Among these provisions are requirements; when: Disability Issues for Employers and Care Providers
This free fact sheet provides general information concerning what constitutes compensation time under the FLSA and where to obtain additional information.

The Act requires that employees must receive at least the minimum wage and may not be employed for more than 40 hours in a week without receiving at least one and one-half times their regular rates of pay for the overtime hours. The amount employees should receive cannot be determined without knowing the number of hours worked. 
Definition of Employee Compensation
This free article  was issued by the U.S. Equal Employment Opportunity Commission.  It provides information regarding what is expected of the employee when dealing with the issue of harassment.  

It is the duty of both the employer and employee to exercise Employee's Duty to Exercise Reasonable Care
This free article was issued by the U.S. Equal Employment Opportunity Commission.  It provides information regarding what is expected of the employer when dealing with the issue of harassment. 

The article below was issued by the U.S. Equal Employment Opportunity Commission. This article covers Employer's Duty to Exercise Reasonable Care
A free overview of employer's obligations and employer's rights to accommodate disabled employees. Employer's Reasonable Accommodations
A complete compilation of work place postings required by state and federal law. This document includes information on where to order federal posters, and links to information regarding each required posting. This is a necessary check list for any employer wanting to remain current on employment information. Employment Information Must Be Posted
Free useful links related to employment issues and legal help. Employment Resource Tools
Summary of what the Equal Employment Opportunity Commission (EEOC)provides and useful links.  

The Equal Employment Opportunity Commission  (EEOC) enforces Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex (including sexual harassment or pregnancy) or national origin and protects employees who.... Equal Employment Opportunity Commission (EEOC)
A clear definition of when an employee may be considered an exempt employee and typical job duties he/she might perform. This document also addresses legal issues related to exempt/non-exempt pay. Facility Managers and Care Home Administrators often fall under the exempt employee status.  Assisted Living Facilities, Group Homes for the Developmentally Disabled, Homes for the Mentally Ill.

Exempt verses non-exempt employees 
The benefit of classifying an employee as Exempt Employees for Care Facilities
A great document covering the FMLA's stipulations and how to determine a facility's qualifications. Also included is a link to forms for requesting and granting a leave of absence to ensure all applicable information is collected.

FMLA Definition: 
The Family Medical Leave Act (FMLA) is a federal program granting up to 12 weeks unpaid leave per year to employees for: the employees own serious health condition, birth or adoption of a child, by the employee or their spouse, or to care for an immediate family member (spouse, child or parent) who has a serious health condition. Family Medical Leave Act (FMLA) Information
A helpful form which is used as an agreement for scheduling flexible work-time arrangement week(s), covers an entire month. Flexible Work - Time Arrangement - One Month Agreement
This is a great tool for laying out the terms and conditions established between the employer and employee to arrange a flex time work schedule. This document has links to flextime proposal forms and can also be posted clearly for employees to ensure good employer - employee communication and understanding. Flexible Work Arrangements
A good and thorough definition of types of harassment, covering employee/employer responsibilities, federal law, and including links to harassment report forms.

Most states define harassment broadly - harassment due to sex as sexual harassment, gender harassment and harassment due to pregnancy, childbirth or related medical conditions.  Some states have additional protection for individuals based on sexual orientation harassment.

Federal law:  Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:.... Harassment
This free article was issued by the U.S. Equal Employment Opportunity Commission. It covers the basic information a company should include when incorporating their Harassment Policy and setting up a Complaint Procedure. The facilities should make sure that these two policies are understood and used by all staff members. Harassment Policy and Complaint Procedure
This great document is helpful in defining and organizing employee time in accordance with laws and regulations. It also includes a link to state pages, overtime consent forms, and exempt employee information.

In a residential care setting, staff schedules and work hours often vary from regular private industry positions.  Dependent people can require 24 hour staff support and hours are often divided into shifts  day, PM or Swing and Graveyard or Noc (Night) shift... Hours/Wages
This great document provides information on sick leave polices, including the requirements of the Family Medical Leave Act (FMLA) and the Pregnancy Discrimination Act. 

For purposes of establishing a 12-month work period, this facility will consider the date of hire for each employee through the yearly anniversary date as the 12-month work period. This anniversary date does not imply permanent employment, as the employee is only employed At-Will. 

Lets look at some of the employer/employee responsibilities... Leave of Absence
This great document includes insight into building and maintaining a leave of absence and tardiness policies, employee replacement during absence, and a leave of absence request form.

A Leave of Absence Policies
Cover for section 2 of the Staff Management Manual. Legal Requirements Cover
A very good reference for any employer needing to be clear about all aspects of the ADA and its impact on businesses and employees.

MYTH:  Sign language interpreters are required everywhere.

FACT:  The ADA only requires that effective communication not exclude people with disabilities - which in many situations means providing written materials or exchanging notes.  The law does not require any measure that would cause an undue financial or administrative burden.

MYTH:  The ADA forces business and government to spend lots of money hiring unqualified people. Myths and Facts About the Americans With Disabilities Act
New Employer Laws on Sexual Discrimination and Gender Expression, excerpt:
A Federal Appeal Court has declared California's ban (Proposition 8 ) on same-sex marriage to be unconstitutional, which means the issue will most likely be decided by a showdown in the US Supreme Court.  

The landmark case is Strauss vs. Horton.  If the US Supreme Court rules in favor, then all state will have to allow gay-marriages.  

Currently, 6 states allow for gay-marriages.  In 2003, almost 40% of the Fortune 500 companies, and over 150 state and local governments provided health insurance benefits for New Employer Laws on Sexual Discrimination and Gender Expression
free information for Nursing Homes, community care homes and assisted living facilities. OSHA 2015 Hazardous Wastes Laws OSHA 2015 Hazardous Wastes Laws
How Long Should Records Be Retained: Each employer shall preserve for at least three years payroll records, collective bargaining agreements, sales and purchase records. Records on which wage computations are based should be retained for two years, i.e., time cards and piece work tickets, wage rate tables, work and time schedules, and records of additions to or deductions from wages. These records must be open for inspection by the Division's representatives, who may ask the employer to make extensions, computations, or transcriptions. The records may be kept at the place of employment or in a central records office. Recordkeeping Requirements under FLSA - Fair Labor Standards
A pre-made and clear time card used to document the hours an employee has worked. Time Card (Form)
Guide book on compliance with state and federal laws on Transgender Employees. State Federal Compliance Transgender Employees State Federal Compliance
free Transgender Sample Workplace Transition Plan Transgender Sample Workplace Transition Plan
The article is very informative as it covers the terminology used by the Equal Employment Opportunity Commission (EEOC) and the advantages of implementing and enforcing a positive harassment policy.  

The question of liability arises only after there is a determination that unlawful harassment occurred.

Harassment does not violate federal law unless it involves discriminatory treatment on the basis of race, color, sex, religion, national origin, age of 40 or older, disability, or protected activity under the anti-discrimination statutes. Furthermore, the anti-discrimination statutes are not a.... Vicarious Employer Liability for Unlawful Harassment
A free overview adapted from the Department of Labor regarding wages and the Fair Labor Standards Act (FLSA).


The FLSA does not, however, require paid vacations, holidays, severance pay or sick leave (except as mandated by the Family and Medical Leave Act).

Other labor laws related to wage payment enforced by the FLSA's Wage and Hour Division are: Wages and the Fair Labor Standards Act
A great article regarding an employee's rights and their protection against being fired because of reporting unsafe conditions.

Private sector employees who exercise their rights under the Act can be protected against employer reprisal, as described in Section 11(c) of the OSH Act.  Employees must notify DOL's Occupational Safety and Health Administration (OSHA) within.... Whistleblowers
A great article that covers responsibilities for a supervisor, chain of command, and why an employer is responsible for harassment.

  1. Authority to Undertake or Recommend Tangible Employment Actions
An individual qualifies as an employee's Who Qualifies as a Supervisor
A great article covering OSHA violence classifications, incidents concerning assisted living facilities and community based care homes, training, and links to a management plan and investigation report.

Each facility is different. Each has their own concerns and issues. Training can help to prevent workplace violence by making all staff members aware of possible hazards and areas where violence may occur. The facility should organize annual classes that explain the company's policies and procedures for prevention. Listed below are some ideas on what can be included in a training program:.... Workplace Security and Workplace Violence - Supervisor's Edition
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