Are You at Risk for Wage and Hour Violations?

Written By Charles Maness, MSACC, BSN, RN, LNC, CPHRM

Wage and Hour Violation Risks for Healthcare Organizations

Healthcare organizations and businesses can be held liable for violations of federal and state wage and hour laws committed by employees, outside agencies, independent outside agencies, or independent or contracted healthcare professionals. Violations could include failure to pay overtime, failure to provide meal and rest breaks, misclassification of employees as independent contractors rather than employees, or exempt vs. non-exempt employees. Healthcare organizations or businesses may increase risks from hiring agencies or contracted employees, including not knowing the employee's identity, agency/contracted payment arrangements, or labor classifications. The matter is between the employment agency and their employee/contractor. Depending on the situation, the issue is a gray area for the healthcare organization, and there could be a duty to perform due diligence on the matter. Further, even if the nurse has a corporation or partnership, the real test comes down to whether they are an employee of their firm, a 1099 independent contractor, or have control over their work product and work times. The point is that there is a higher risk for the organization, and violations can be costly. A competent employment attorney and contractual attorney are the best defense for the healthcare organization when preparing and reviewing contracts.

Charles Maness, MSACC, BSN, RN, LNC, CPHRM

ARM FOR SUCCESS Founder Charles H. Maness, MSACC, BSN, RN, LNC, brings a wealth of expertise and a sales-driven mentality to the legal nurse consulting and risk management industries. As a Registered Nurse, his critical care and emergency services background spans nearly four decades. He holds a Master’s Degree in Accounting Finance specializing in corporate finance; combined with his nursing, legal education, and paralegal experience, he delivers exceptional value and results to ARM FOR SUCCESS clients.

As a highly educated professional, Charles holds a Master's degree in Accounting (MSACC) and a Bachelor of Science in Nursing (BSN) and has completed significant coursework in law toward a Juris Doctorate. In addition, he is a paralegal, further enhancing his understanding of the legal aspects of healthcare.

Charles's diverse educational background and comprehensive experience allow him to approach each client's needs with a deep understanding of the intricate workings of the healthcare system. His expertise spans many areas, including medical record review, risk management consultation, compliance consulting, and legal considerations within the healthcare industry. With his well-rounded knowledge, Charles is uniquely equipped to provide guidance that considers our client's operations' medical and legal aspects.

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