Employment Law – As It Applies to Confidentiality

With all the new HIPAA material, which is scheduled for full implementation by April 2005. You must be mindful of the laws governing confidentiality that regulate your work. Employment law covers one type of confidentiality. Federal and state regulations covering jobs and discrimination laws are available. Visit Gibson & Hughes Profile.

In terms of tort and contract obligations, common law regulates the relationship between employers and workers. These principles are part of the law of the agency and the relationship between the (employer) principle and the (employee) agent. This legislation has been replaced, in some cases, but not all, by legislative enactments, primarily at the federal level. Government laws significantly impact the equilibrium and working arrangement between employer and employee. The terms and conditions of employment between management and the worker are governed by a federal law intended to facilitate employer management and employee welfare. Federal legislation also regulates and forbids discrimination based on colour, sex, religion, age, disability or national origin in jobs. Moreover, Congress has now required that employers have a secure and healthy place for their workers to work in. Both states have enacted Worker’s Compensation Acts granting compensation to workers who have been injured to the employer during the course of their duties.

As I described above, an employee is a relationship that is closely connected to the agency. Contractor and principle-independent. The employer has the right to monitor the employee’s physical actions within the employer-employee relationship, often called the (master-servant relationship). A individual who employs an independent contractor to do a particular job is not entitled to monitor the independent contractor’s conduct in the performance of his or her contract. The contract time to complete the work depends on the time period of the contractor to complete the task(s) or job desired. Bear in mind that the employer can also be held liable within the framework of his or her employment for the wrongs committed by an employee. An employer, on the other hand, is not usually liable for offences committed by an independent contractor, although there are cases where the employer can be held liable for the independent contractor’s actions. Know your laws controlling the employment of an employee as an independent contractor.

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