Interim Leadership Leaders- Daily Rate and Threshold rules could require overtime compensation- Helix Energy Solutions Group, Inc. v. Hewitt Decision
How will this affect highly paid interim employees in healthcare that are paid in their contract a “daily rate” under a threshold rule of entering the work premises? Interim agency agreements, contract administrators, and attorneys must consider this new risk for healthcare providers.
Healthcare Organizations Liabilities- A Wide Road of Legal Pitfalls
Through the legal concepts of "Vicarious Liability" and the theory of "Respondeat Superior," healthcare organizations can be held liable for medical malpractice or negligence committed by employed physicians, agencies, or contracted RNs. The legal principle of "Respondeat Superior" imposes liability on employers for the actions of their employees if those actions occurred within the scope of their employment and were under the employer's control. Translated literally, "Respondeat Superior" means "let the master answer." It is important to note that liability in these cases may not always be attributed to the employer's wrongdoing, as it can also arise from the employer's failure to adequately train, supervise, or monitor an employee who acted negligently. The rules are based on state laws, and employers could be liable for negligent acts by employed physicians, nurses, and other employees.