Attorney Considerations ...

Attorneys and legal professionals use the Job Smart System technology and consulting services when they need:

  • Case documentation to on fair employment law cases
  • Work on OSHA and ADA issues 
  • Expert witness testimony on human factors and engineering
  • Contract consistency in job descriptions for labor relations
  • Torte
  • Enterprise Risk Management

Job Smart System offers a technological solution and consulting service in all areas related to federal and state rules, regulations standards, and laws. Our services extend from developing and refining your research and assessment to planning and implementing case strategies. We assist in measuring and analyzing outcomes.  JSS is your legal foundation for fair employment law practices.  

To support your needs, JSS technology creates efficiencies in all areas of research, reports, diversity and witness communications. In addition, Dr. Kearney will serve as an expert witness in connection with bargaining and litigation

   Job Smart Value Asset to Attorneys

Studies confirm that 3% of employees generate 28% of labor burden, an expensive reality in the workplace. These expenses can result in lawsuits, lost productivity, and corporate “down time” by managers dealing with selection and retention of employees.

Working with the Job Smart System your Employment and Labor Law attorneys can use the Job Smart data bases to help clients avoid these diversions. The Job Smart System can help improve your client organization's bottom line. Human Resources are not a profit center, but it is a critical aspect of any company's operations. Let the Job Smart System and your attorneys assist clients in preventing employee issues from draining resources.

 

Preventive Strategies

 

Private employers experience a wide range of employee issues. Public employers and unionized employers experience many of the same problems, but sometimes face even more issues related to due process obligations or collective bargaining agreements. Here are a few proactive examples of how Job Smart System can help attorneys work with all employers:

  • Clarifying exempt versus non-exempt employee positions and properly categorizing  staff  with competency based job descriptions, thus avoiding large back overtime obligations
  • Integrating organizational missions with policies that promote performance such as interviewing and post job offer pre employment screening. Job Smart’s ergonomic analysis documents risk by job demands.
  • Job Smart System documents performance appraisals and lets you advise with data  on difficult terminations and other disciplinary action
  • Job Smart contributes to designing and reviewing employee handbooks and related documents to avoid common pitfalls, such as ineffective at-will language or inadequate safety and health and security  policies
  • Job Smart provides e learning that you can implement to train employees on issues such as diversity, harassment avoidance and management techniques
  • Job Smart System supports your provisions of a preventive law in review of all employment practices and forms ( applications , training records )  

Contested Matters

If proactive efforts are unsuccessful and an employer becomes embroiled in a dispute, Job Smart documentation will support your experienced attorneys in:

  • Investigating and resolving claims of discrimination using the job description, interview ranking, pre screening, and performance data bases.
  • Representing employers in all aspects of administrative claims Job Smart documents fair compliance actions  for presentation before agencies such as your states Department of Fair Employment & Housing (DFEH), federal Equal Employment Opportunity Commission (EEOC), Division of Labor Standards Enforcement (DLSE or “Labor Commission”), Federal Department of Labor (DOL), federal and OSHA, National Labor Relations Board (NLRB) and the Unemployment Insurance Appeals Board
  • Representing employers in sophisticated contested matters, including jury trials and appellate work in state and federal court, arbitration and mediation can be made easier with the Job Smart System

Job Smart System allows you to speak from a management system perspective to employer groups on all aspects of employment law. Job Smart supports attorneys, who specialize in private and public sector employment and labor law. Using the Job Smart System, legal matters can be resolved with a short phone call, but if more significant work is required, attorneys can be assured that the highest level of service will be supported using the data bases that are most relevant to the situation.


Job Smart System’s API model of Assessments, Planning, and Implementation can assist merger efficiencies and reduce the employee stress through clear strategies that support MSA's as they progress through their evolution to an merged system.  

Newly merged hospital networks tend to evolve through five stages.  These include

1. Loose affiliation.

2. Administrative (e.g., marketing, human resources) service consolidation.

3. Cultural integration, particularly of physicians.

4. Clinical (e.g., cardiology and other specialties) service consolidation.

5. Closure of inefficient and redundant services.

Job Smart System uses the Assess, Plan, and Implement Model to 

1.    Strengthen staff to service affiliations with clear competency based job descriptions for each management, clinical, and facility area

2.    A. Strengthen Human Resources consolidation with software supports to recruitment, selection, and retention of staff in key areas of services with tiered teams. B. Strengthen administrative consolidation of marketing and public relations and finance and information services.

3.    Strengthen the cultural integration of staff with diversity training on OLD MEETS NEW (JSS Training) organizational norms

4.    Support the clinical services consolidation with time management, ergonomic analysis, and environmental design

5.    Support closure of inefficient and redundant services with planned implementation. 

Matching the Mission 

 

Using Job Smart Systems Assess, Plan, and Implement strategy specific missions can be evolved from 

Horizontal mergers involving freestanding hospitals, acquisitions involving hospital chains, the formation of hospital networks, joint ventures, joint operating agreements and strategic alliances 

To likely efficiencies associated with horizontal integration and with vertical integration between health insurers, hospitals and physician groups

Internal to individual organizations Job Smart System can Assess

 

  1. Duplication of services in all management, clinical, and facilities areas.     
  2. Pricing baselines by determining hospital revenue and dividing it by the total number of inpatient days to get a measure of price of inpatient hospital care
  3. Quality of Care and Pricing: Using both the DRG and MDC classification systems: the diagnostic related group, or DRG, for individual medical procedures, and the major diagnostic categories (caesarian sections and cardiovascular surgeries) and MDC, that lumps closely related DRGs into one group of related services (diseases and disorders of the digestive system, nervous system and circulatory system) to assess the effect of pricing and patient quality of care on solvency
  4.  Hospital overhead load
  5.  Savings for combined operations (physical plant and supplies)
  6.  Savings on administrative expenses Patient Administrative /HMO Costs     

 

Plan

 

1. Management Improvements for Human Resources, Marketing and Public Relations, Tiered Management Teams and Employee staffing administrative services for finance and information systems.

 

2. Elimination of duplicate services that have high physical plant overhead that requires duplicative staffing, technology, and equipment

 

3. Information systems needed to achieve true integration

 

4. Hospital Utilizations 

 

5. The competitive effects of joint ventures among hospitals to sell a broad geographic network product to statewide and regional insurers.

 

Implement

 

1. Use of staffing and physical plant changes in the way care is delivered in order to engender customer loyalty

 

2. Physicians and hospitals commitment to work under capitation and the fundamental incentives of delivering quality patient care

 

3. Consolidation of operations to spread fixed costs over a greater number of patients which brings average costs down

 

4. Market power in the face of managed care companies who are consistently trying to negotiate lower prices

 

5. The competitive effects of joint ventures among hospitals to sell a broad geographic network product to statewide and regional insurers.

 

Transitional Milestones

 

1. Present the results of our analyses to staff attorneys and economists at the Federal Trade Commission, the Department of Justice (data for anti-trust questions on adequate competition in the post-merger world), and state attorneys general and state departments of insurance

2. Write reports that demonstrate the likely efficiencies associated with horizontal integration and with vertical integration between health insurers, hospitals and physician groups

3. Work with hospital boards and state agencies on the types of hospital mergers that are permitted under certificate of public advantage legislation and on the type of monitoring and regulation that would be required post-merger

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