Labor & Employment
Safeguarding Personnel and Preserving Business Through Crisis
The Challenge
For many health care providers, responding to community medical needs during the COVID-19 global pandemic was a stark reminder of the critical need to balance operational obligations with responsibilities to the people providing health care services. Whether a natural disaster or manmade disruption, health care employers must still be cognizant of the myriad employment and labor laws and regulations that impact assignment and staffing decisions. However, it can be challenging for these employers to ensure they stay compliant with legal and contractual obligations while also safeguarding the well-being of their employees in a crisis environment.
Boom! Disaster struck – were you and your employees protected?
The Solution
Health care employers can remain focused on their core mission by having a disaster preparedness plan in place to effectively address labor and employment laws and regulations, as well as any applicable collective bargaining agreement (CBA) obligations, during natural or manmade disasters. Epstein Becker Green, with more than 50 years of experience in employment and health law, assists health care employers in creating comprehensive and effective disaster preparedness plans.
Why Disaster Preparedness Plans Benefit Health Care Employers
There are numerous reasons why health care employers should prioritize disaster preparedness in relation to labor and employment laws, including the following:
- Employee Safety and Welfare: A disaster preparedness plan helps protect the safety and well-being of health care employees during a crisis. By establishing protocols for evacuation, sheltering, and emergency response and responsibilities, employers can minimize risks to their staff and provide essential support. Compliance with labor laws that prioritize worker safety, such as Occupational Safety and Health Administration regulations or collectively bargained language, where applicable, is crucial to avoid subsequent penalties and liability.
- Continuity of Operations: A well-prepared plan ensures that health care facilities can continue their operations during and after a disaster. By considering labor and employment laws and in their planning, employers can address issues related to employee absence, work hours, leave entitlements, wage obligations, and protective protocols. To maintain business continuity while upholding employees’ rights, it is essential to comply with (i) an applicable CBA; (ii) the Family and Medical Leave Act, the Fair Labor Standards Act, the National Labor Relations Act, and other relevant labor and employment laws; and (iii) state-specific labor regulations.
- Legal and Contractual Compliance: During emergencies, employers must navigate a complex legal and/or contractual landscape. Failure to comply with labor and employment laws or CBAs can result in costly lawsuits, fines, and reputational damage. By incorporating legal and/or contractual considerations into their disaster preparedness plan, health care employers can ensure they are upholding obligations related to overtime pay, minimum wage, employee classification, discrimination and harassment prevention, and other employment regulations.
- Employee Support and Communication: A comprehensive disaster preparedness plan allows employers to communicate effectively with employees, providing guidance, reassurance, and necessary information. This includes notifying employees about their rights, responsibilities, and available resources during a crisis. By adhering to labor laws or a CBA governing employee notifications, accommodations, and communications, employers can maintain trust, mitigate confusion, and foster a supportive work environment. A disaster plan developed before any crisis will facilitate timely and well-thought-out communications despite a crisis environment.
- Resource Allocation and Staffing Flexibility: During a disaster, health care facilities may face challenges related to resource allocation and staffing. A well-designed plan considers labor and employment laws and CBAs that govern employee scheduling, voluntary and mandatory overtime, and temporary staffing.
- Post-Disaster Recovery and Resumption of Normal Operations: After a disaster, health care employers must be prepared to navigate the legal aspects of recovery and resumption of normal operations. This includes addressing issues related to employee rehiring, workplace accommodations, wage and hour considerations, and potential legal claims arising from the disaster. Having a robust plan in place helps employers manage these challenges effectively and comply with applicable labor and employment laws.
In summary, a well-designed disaster preparedness plan that accounts for labor and employment laws and regulations, as well as any CBA obligations, benefits health care employers by safeguarding employee safety, promoting continuous patient care, maintaining legal compliance, facilitating effective communication, and meeting regulatory requirements. By proactively addressing these aspects, health care employers can effectively respond to emergencies while protecting their employees, patients, and organizational integrity.