TMS Associates HR Compliance Policies
At TMS Associates, we are dedicated to upholding the highest standards of human resources compliance, both in our operations and the healthcare organizations we serve
We recognize that ethical and legal employment practices form the foundation of building strong and effective teams in the healthcare sector. Our compliance efforts are internal and extend to the healthcare organizations we represent, ensuring that our practices and clients align with federal, state, and industry-specific regulations.
In addition to our compliance efforts, TMS Associates actively guides candidates through the complexities of career decisions
Everyone benefits by helping the candidates we represent make the best career decisions
As part of our career advisory services, we equip candidates with practical checklists and intelligent questions that help them explore employment opportunities more thoroughly. This ensures that they are not only evaluating the fit of a role but also confirming critical factors like HR compliance—issues that significantly impact their experience but are often overlooked.
Many candidates assume employers comply with employment laws, but few explicitly ask the necessary questions to confirm it. By empowering candidates to address these rarely-discussed yet essential topics, we help them make better-informed decisions that lead to more successful career outcomes.
Scope of Policy
This HR Compliance Policy applies to all operations and services provided by TMS Associates. It governs our internal HR practices and the recruitment, screening, and placement of candidates in healthcare organizations. Our policy ensures full compliance with laws related to anti-discrimination, wage and hour regulations, employee classification, and workplace safety.
Furthermore, we take necessary steps to confirm that the healthcare organizations we represent meet these legal and ethical standards.
Equal Employment Opportunity (EEO) Policy
TMS Associates is committed to providing all candidates and employees equal employment opportunities. We strictly prohibit discrimination based on race, color, religion, sex, sexual orientation, gender identity, national origin, age, disability, genetic information, or other protected characteristics. Our recruitment process is designed to promote fairness and inclusivity, and we fully comply with Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Equal Pay Act.
Fair Credit Reporting Act (FCRA) Compliance
TMS Associates complies with the Fair Credit Reporting Act (FCRA) when conducting background checks or obtaining consumer reports on candidates. Before conducting any such checks, we obtain written consent from candidates and provide full transparency about their rights under FCRA. Candidates are notified if any adverse decisions are based on their background check and are allowed to dispute the findings.
Occupational Safety and Health Act (OSHA) Compliance
We are committed to ensuring candidates are placed in safe and healthy work environments. To the extent we are aware or have been made aware of potential health and safety risks in specific work environments, we proactively inform candidates. TMS Associates collaborates with healthcare organizations to ensure they meet OSHA standards, helping to maintain safe conditions for healthcare professionals.
Family and Medical Leave Act (FMLA) Compliance
TMS Associates ensures that candidates and employees are informed of their rights under the Family and Medical Leave Act (FMLA), which provides eligible employees with job-protected, unpaid leave for specific family and medical reasons. We also work with the healthcare organizations we represent to ensure they honor FMLA entitlements for employees placed through our services.
National Labor Relations Act (NLRA) Compliance
TMS Associates respects the rights of employees and candidates to engage in union activities, collective bargaining, and other protected concerted activities under the National Labor Relations Act (NLRA). We work to ensure that the healthcare organizations we represent honor these rights and comply with labor laws.
Immigration and Nationality Act (INA) Compliance
We verify that all candidates placed in healthcare organizations are authorized to work in the U.S. TMS Associates adheres to the Immigration and Nationality Act (INA) by ensuring that Form I-9 is correctly completed for all candidates, and we comply with E-Verify requirements when applicable.
Worker Adjustment and Retraining Notification (WARN) Act Compliance
In mass layoffs or closures, TMS Associates ensures that healthcare organizations we represent comply with the Worker Adjustment and Retraining Notification (WARN) Act. This ensures that employees are provided with the appropriate advance notice required by law.
Wage and Hour Compliance
TMS Associates works closely with healthcare employers to ensure that candidates are compensated fairly per the Fair Labor Standards Act (FLSA). This includes compliance with minimum wage, overtime pay, and proper record-keeping requirements. Candidates are informed of their wage and hour rights throughout the placement process.
Employee Classification Policy
We ensure that all candidates placed in healthcare organizations are correctly classified as either employees or independent contractors, depending on the nature of their work. Misclassification can result in serious legal consequences, so TMS Associates works diligently with our clients to ensure proper classification and compliance with applicable labor laws.
Employment Agreements and Non-Compete Policy
TMS Associates reviews employment agreements to ensure compliance with all state and federal regulations, particularly concerning non-compete and non-solicitation clauses. We ensure that candidates understand their rights and that agreements are fair, legally enforceable, and aligned with local regulations.
Ensuring Healthcare Employer Compliance
At TMS Associates, we extend our commitment to HR compliance to the healthcare organizations we partner with. As part of our onboarding process with new clients, we execute a services agreement that includes an HR Compliance Addendum. This appendix outlines our expectations and policies, stating that we only represent healthcare organizations that fully comply with all relevant HR laws and regulations, including but not limited to:
Equal Employment Opportunity (EEO) laws
Wage and hour regulations
Employee classification standards
OSHA safety requirements
Immigration laws (INA)
Family and Medical Leave Act (FMLA) rights
Privacy laws (as detailed in our Privacy Policy)
Before initiating recruitment services, we confirm that each healthcare organization understands and agrees to comply with these standards. On an annual basis, with our Master Services Agreement review, we also review HR compliance and work closely with clients to address any concerns or violations that may arise. We aim to ensure a legally sound and ethical working environment for healthcare employers and the candidates we represent.
Policy Summary
Equal Opportunity: We promote an inclusive and non-discriminatory recruitment process.
FCRA Compliance: We handle background checks transparently and in compliance with the law.
Workplace Safety: We inform candidates of known safety risks and ensure OSHA compliance.
FMLA Rights: We ensure that candidates and employees know their rights under FMLA.
Labor Relations: We support candidates’ rights to engage in union and collective activities.
Work Eligibility: We ensure that all candidates are legally authorized to work in the U.S.
Layoff Notices: We ensure compliance with WARN Act requirements for mass layoffs.
Wage and Hour: We ensure candidates receive fair wages and comply with overtime laws.
Proper Classification: We ensure that all candidates are classified correctly.
Employment Contracts: We ensure that employment agreements are fair, legally compliant, and understood.
By ensuring both our internal compliance and the compliance of the healthcare organizations we work with, TMS Associates maintains a strong commitment to ethical and lawful employment practices.
If you have questions about any of the above, please contact us.