CMOM Exam | Questions And Answers Latest {2024- 2025} A+ Graded | 100% Verified
Fair labor standards act of 1938 - Requires employers to keep records on wages and hours worked. It is
essential that you know and can prove the number of hours and employee works each week. The fair
labor standards act of 1938 provides the following an established minimum wage, regulated child labor
and established overtime pay.
Exempt (definition) - Executive employees the employer must be compensated on a salary basis at rate
not less than $684 per week. Administrative employees, the employee must be compensated on a salary
or a fee basis at a rate of not less than $684 per week. Professional employees, The employer must be
compensated on a salary or fee basis at a rate of not less than $684 gross paper week. The employees
primary duty must be the performance of work requiring advanced knowledge, defined as work which is
predominantly intellectual and character and which includes work requiring the consistent exercise of
discretion and judgment. The advance knowledge must be in a field of science or learning and the
advance knowledge must be customarily acquired by a pro long to course of specialized intellectual
instruction.
Non-exempt definition - A non-exempt employee is defined as an employee who will meet the
requirements to receive overtime pay. Some common positions that are typically considered non-
exempt include the following: licensed practical nurse, nurse's aides, laboratory technicians or
assistants, clerical workers, orderlies, food service employees and janitorial employees.
At will employment - The most common type of employment agreement in the healthcare industry is an
oral at will agreement. The Atwell agreement establishes a relationship in which the employer and
employee work at the well of the other. The practice administrator must understand this relationship.
Just as an employee can resign at any time, so can the employer terminate the employee at any time for
any reason.
Contract employees - Atwell does not apply to a job in which a contract is in effect stating a specific
period of employment. The right of the employer to apply the Atwell doctor and does not override the
restrictions placed on the employer such as the discriminations to find them the title seven of the 1964
civil rights act which applies to organizations with 15 or more employees.
Civil rights act of 1964 - This law was enacted to protect the rights of employees and applicants from
unfair discrimination due to race color creed national origin sex or religion. These should never be a
,determining factor in deciding who is hired, fired or promoted. It should also have no bearing on
determining salary, training, benefits or workload.
Transgender employees - Title seven of the civil rights act of 1964 applies to all governmental and
private employers with 15 or more employees. Title seven prohibits employment discrimination based
on race, color, national origin, religion and sex. Discrimination based on gender identity, sexual
orientation, or transgender status, while not specifically prohibited, may still violate the prohibition on
sex discrimination. According to the EEOC, And employer cannot deny an employee equal access to a
common restroom corresponding to the employees gender identity. Or restrictor transgender employee
to a single user restroom.
The age discrimination act - This law protects the rights of persons 40 years of age or older, and provides
penalties if an employer hires, promotes, fires, determine salary, training benefits or workload based on
age.
The immigration reform act - This law is to ensure that businesses verify the right of an employee to
work in the United States. All employees hired after November 6, 1986 must fill out the employment
eligibility verification form I-9. This is to become part of the employees personnel record and may be
requested at any time by the department of immigrations.
The fair labor standards act - This law provides that every employee shall have the right to a certain
income level for employment. It also provides overtime pay to personnel on an hourly wage of 1 1/2
times the normal pay for each hour over 40 hours per week worked. There is an exemption for those
personnel classified as executive, management and professional. Contact the local department of labor
wage our office to verify classifications in the practice.
Equal pay act of 1963 - This law was an acted too for bid pay differences to employees based on sex for
the same job duties. If two employees of the opposite sex are performing the same duties and are paid
differently solely on the basis of their sex, this is a violation of the law.
Americans with disabilities act - This act was signed into law July 26, 1990. It requires that an employee
be made able to request accommodation according to the law and for businesses to make reasonable
accommodations in employment to avoid discrimination against individuals with physical or mental
disabilities.
Family medical leave act of 1993 - This act was signed into law July 26, 1990. It requires that an
employee be able to request accommodation according to the law and for businesses to make
, reasonable accommodations to end employment to avoid discrimination against individuals with
physical or mental disabilities. The family medical leave act affects employers with 50 or more
employees in 20 or more work weeks in the current or preceding calendar year. This legislation and
titles eligible employees to take 12 weeks of unpaid job protected leave for specified family and medical
reasons with no loss of benefit for the following reasons: The birth, adoption or foster care placement of
a child to care for a child, spouse, or parent who has a serious health condition requiring personal care a
serious health condition that causes the employee to be unable to perform the essential functions of the
job to care for any qualifying exigency due to the fact that his spouse child or parent is a military
member on covered active duty or call to cover active duty status. An eligible employee may also take
up to 26 weeks of leave to care for a covered service member with a Serious injury or illness, when the
employee is the spouse, child, parent, or next of Ken of the service member. In eligible employee is one
who works for a covered employer, has worked for the employer for at least 12 months, has at least
1250 hours of service for the employer during the 12 month period immediately preceding believe and
works at a location where the employer has at least 50 employees within 75 miles. The 12 months of
employment do not have to be consecutive.
Workers compensation law - The required information must be posted in a place that is accessible and
in full view of employees, the break room is an excellent location. Include a checklist for handling an
accident. Points to remember are: requesting all information provided by your state workers
compensation board, posting the required information as directed, updating and keeping records of
claims.
Safety policies - Common steps in a safety program include the following remove hazards, if possible.
Guard against hazards that cannot be removed. Use personal protective equipment to protect
employees from the hazard if it cannot be effectively guarded. Supervise and train employees to work
safely and to be aware of the risks. No the name of your Worker's Compensation insurance carrier, the
claims process and the benefits involved. Keep first report of injury forms on hand and know your
carriers telephone reporting procedures. Know your carriers procedures for reporting claims. Ensure
that every manager and supervisor in the practice knows how to administer first aid. Investigate every
accident and injury. Ensure that all employees know where to report injuries. Ensure that all employees
know who the practices medical provider is. Ensure employees know which providers you prefer of
those the state permits you to direct an injured employee. Know your states requirements for choosing
a panel of medical providers. Ensure that your Worker's Compensation policy is aimed at getting the
employee back to work. Ensure that return to work goals are stated on every claim filed. Keep injured
employees working on the job site whenever possible, even in a lesser capacity or role. Visit the injured
person on a regular basis to provide support and offer assistance. Be knowledgeable on what to say and
do when visiting an injured employee.
Dual capacity doctrine - The door capacity doctor and is sometimes used against medical employers who
treat their own employees. If the employee is injured by an employer acting in the role of a third-party