Employment laws and policies in Florida and Ohio
Employment laws and policies can differ from one State to another. The State of Florida and the Ohio State have both implemented employment laws and policies intended to govern the operation of organizations. Some of the laws differ between the two states. For example, employment laws in Florida prohibit employers from conducting background checks on the prospective employees, while the Ohio State does not prohibit organizations from performing background checks. However, the two States have similar laws on negligent recruitment of employees. The health care organizations in the two states have been adversely affected by the employment laws and policies. Most of the laws have denied competent health care professionals the opportunity of exploiting their talents simply because of the past records. The consequence of applying some of these laws is the shortage of nurses in the hospitals. Only a few persons have clean records.
The State of Florida
According to the study conducted by XpertHR (2018) employment laws in the State of Florida forbid employers from undertaking a background screen on potential employees. Nevertheless, it is recommendable to conduct a background check in order to recruit competent employees. One of the employment laws that affect health care agencies in the state of Florida is “Level one screening” regulation. Employers usually obtain background screenings from businesses that carry out such services for consumer reporting agencies. Local background checks can also be retrieved from the local law enforcement organizations. If the organization or a third party agency is to conduct a background check on its employees, it must comply with the regulations stipulated by the Fair Credit Reporting Act. The American Nurses Association collects employment history as well as a statewide criminal background check through the Department of Law enforcement.
The association must ensure that prospective employees have not committed any domestic violence or have never been convicted in any form of violence. This law prevents prospective employees from exploiting their potentials and abilities. Another law that prohibits potential medical practitioners from exercising their abilities is level two screening. A person designated to fill a position that requires trustworthy and responsibility, such as, healthcare practitioners, must undergo Level 2 screening. The other employment law that affects healthcare organization in the state of Florida is negligent hiring as stipulated in Chapter 768, Fla. Stat. The ANA agency conducts pre-employment screening to ensure the personnel hired are competent. This causes a shortage of nurses in the healthcare setup.
The laws maintained by the State of Ohio offer greater protection to workers than the Federal law such as the anti-discrimination requirements and continuation of health care coverage for the smaller workers and a high wage rate. The State of Ohio shares common employment laws with the States of Florida. The laws in Ohio as postulated by XpertHR.com (2019) do not prohibit employers from conducting a background check on potential employees to establish their criminal records. However, an employer can inquire about a closed conviction history to determine whether it has a direct and significant relationship to the job. The employment laws in Ohio also prohibit employers from hiring employees without authorization or certification to work in the USA. However, the two states have similar employment laws on negligent hiring, in that, the ANA, as well as the federal law, requires employers to conduct a background check and work verification.
XpertHR.com. (2019). Labor and Employment Law Overview: Ohio. Retrieved from: https://www.shrm.org/resourcesandtools/legal-and-compliance/state-and-local-updates/xperthr/pages/ohio-labor-and-employment-law-overview.aspx
XpertHR. (2018).Labor and Employment Law Overview: Florida. Employment Law Manual. Retrieved from: https://www.xperthr.com/employment-law-manual/labor-and- employment-law-overview-florida/218/