Employment Compliance

Various federal and state laws govern the relationship between an employer and its employees.  By way of illustration, the following links will provide you with more detailed information regarding several of these laws.

Fair Labor Standards Act (“FLSA”)

The United States Fair Labor Standards Act sets minimum wage, overtime pay, equal pay, record keeping, and child labor standards for covered employees who are not otherwise exempt.

References:

OMH Human Resources Policy: “Overtime Pay”
US Department of Labor FLSA Compliance Assistance Information

For information regarding the North Carolina Wage and Hour Act, see NC Department of Labor website.

Family and Medical Leave Act (“FMLA”)

The United States Family and Medical Leave Act requires covered employers to allow eligible employees twelve weeks of unpaid leave per year for childbirth, adoption, foster care; care of spouse, child, or parent with serious health condition; or employees’ serious health conditions.

References:

OMH Human Resources Policy: “FMLA Leave of Absence”
US Department of Labor FMLA Compliance Assistance Information

Americans with Disabilities Act (“ADA”)

The United States Americans with Disabilities Act prohibits employment discrimination against physically and mentally disabled persons, requires employers to provide reasonable accommodations to enable qualified disabled individuals to work.

References:

OMH Human Resources Policy: “Equal Employment Opportunity”
United States Equal Employment Opportunity Website
United States Department of Labor ADA Information

North Carolina Persons with Disabilities Protection Act (“NCPDPA”)

The purpose of the NCPDPA is to encourage and enable all persons with disabilities to participate fully to the maximum extent of their abilities in the social and economic life of North Carolina, to engage in remunerative employment, to use available public accommodations and services, and to otherwise pursue their rights and privileges as North Carolina residents.

References:

OMH Human Resources Policy: “Equal Employment Opportunity”

North Carolina Workers’ Compensation Act

The North Carolina Workers’ Compensation Act requires employers to pay two-thirds salary continuation, medical and rehabilitation benefits to employees who suffer a work-related accidental injury or occupational disease.

References:

OMH Human Resources Policy: “Limited or Light Duty”
North Carolina Industrial Commission website
North Carolina Department of Labor website regarding Retaliatory Employment Discrimination Act

Illegal Harassment or Discrimination

Various federal and state employment laws prohibit employment discrimination based on race, color, religion, sex, national origin, age and qualified individuals with disabilities.

References:

OMH Human Resources Policy: Equal Employment Opportunity
OMH Human Resources Policy: Harassment
North Carolina Department of Labor website regarding Retaliatory Employment Discrimination Act

Dispute Resolution/Problem Solving Procedure

OMH has several procedures through which the Hospital considers and attempts to resolve employee complaints or concerns.

References:

OMH Human Resources Policy: Discrimination Grievance Procedure
OMH Human Resources Policy: Grievance Committee
OMH Human Resources Policy: Problem Solving Procedure