I’ve long said that the ABA industry is poised for unionization. On the heels of the recent mass layoffs and my continued experience working with clients who are not labor law compliant, I believe it is a valid risk. You may have heard that Chipotle is paying 20 million for violations of NYC’s fair work week laws which require employee schedules be set at least 2 weeks in advance and that a premium be paid when a schedule change is needed. A Chipotle in Maine has also filed for unionization.
How aware are you of the labor laws in your state? Although some laws are federal, others are state specific. As ABA companies establish their practices and expand their geo footprint, it is critical that they ensure they are operating in compliance. I have consulted with a number of agencies that have been sued for a variety of issues – not reimbursing staff for the usage of their personal devices for work, not paying hourly employees for drive time between clients, not providing meal and rest breaks and the list goes on and on. These days employees bounce from agency to agency and are very aware of what is required thereby putting you at risk of a lawsuit if you aren’t operating in compliance.
Did you know?
- Hourly employees must be paid for all hours worked (irrespective of whether the activity is billable or not)
- RBTs cannot be salaried/exempt or independent contractors
- In CA, hourly employees must be paid half of their scheduled time (a minimum of 2 hours) at their regular rate of pay if their session is canceled enroute, upon arrival or during the scheduled session.
- You cannot withhold pay for failure to render an appointment or conduct an administrative task. You can give the person a warning or engage in other disciplinary action but unless you have reason to believe the session did not occur, you must pay for the hours in their regular paycheck.
- Employees cannot provide services without fingerprinting and background check clearances
Do you know where your risk areas are? If not, let us help you identify and correct them. Our team can conduct an analysis of your current practices and provide you with support and guidance to implement changes. You do not want to be caught off guard with someone that could close your doors.
Contact us today for a free consultation.
