Articles and Blogs

HR Insights for Health Care

Binding Mediation: An Inexpensive Option for ADR

[08/08/18]

Posted on August 8, 2018 in HR Insights for Health Care

Published by: Hall Render

The hope and promise of alternative dispute resolution (“ADR”) processes is that they will resolve disputes more efficiently and with less expense than litigation. But, when the parties cannot achieve a negotiated settlement and turn to arbitration, they find that standard arbitration, which allows discovery and motions, is not nearly as simple and inexpensive... READ MORE

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A Mixed Bag on Joint Employment Rulings, but the Future Looks Promising (Part I of II)

[08/08/18]

Posted on August 8, 2018 in HR Insights for Health Care

Published by: Hall Render

In the restaurant industry, it’s pretty common for fast food and sandwich shop operators—think Wendy’s, Chick-fil-A, Subway, etc.—to run their companies based on a franchise model. Under this model, which is somewhat analogous to a large corporation that has a main “corporate office” and satellite locations scattered around the country, the franchisor owns the... READ MORE

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Changes to Catholic Ethical and Religious Directives Impact Mergers and Partnerships Between Catholic and Non-Catholic Entities

[08/02/18]

Posted on August 2, 2018 in HR Insights for Health Care

Published by: Hall Render

Last month, the United States Conference of Catholic Bishops voted to approve the sixth edition of the Ethical and Religious Directives for Catholic Health Care Services (the “ERDs”). The approved revisions specifically relate to Part Six of the ERDs, which addresses “Forming New Partnerships with Health Care Organizations and Providers.” The approved revisions entail a... READ MORE

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USCIS Allows Adjudicators More Discretion in Decision to Deny Immigration Petitions Filed by Employers

[07/24/18]

Posted on July 24, 2018 in HR Insights for Health Care

Published by: Hall Render

The adjudicators who review employer submitted immigration petitions such as H-1B’s and I-140’s will soon have more discretion available to deny those petitions. Health care employers will be specifically affected by this change as about 25 percent of all physicians practicing or training in the United States are foreign born. On July 13, 2018,... READ MORE

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Hostile Work Environments Can Be Created by Patients and Other Third Parties, Too

[07/24/18]

Posted on July 24, 2018 in HR Insights for Health Care

Published by: Hall Render

A recent federal appeals court decision reminds us that employees can bring sexual harassment claims based on the conduct of non-employees, including patients. A recent decision by the U.S. Court of Appeals for the Fifth Circuit reminds us of that risk. The Facts and Allegations In Gardner v. CLC of Pascagoula, LLC, a nursing... READ MORE

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Health Care Industry Still Being Targeted in Class/Collective Action Wage and Hour Litigation

[07/12/18]

Posted on July 12, 2018 in HR Insights for Health Care

Published by: Hall Render

A multi-facility health care employer, with subsidiary facilities in Pennsylvania and New Jersey, has been named in a class/collective action lawsuit filed in Pennsylvania federal court for allegedly failing to pay its employees adequate overtime under both federal and state wage and hour laws. Plaintiff’s Allegations The plaintiff, a non-exempt (i.e., hourly) medical lab... READ MORE

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#MeToo – EEOC Launches a Multi-Pronged Enforcement Campaign Against Seven Employers Around the Country

[06/29/18]

Posted on June 29, 2018 in HR Insights for Health Care

Published by: Hall Render

As pointed out in prior blog posts—see, for example, this post from 2017 and this 2018 blog post—with the recent #MeToo movement and the sexual harassment allegations that continue to garner media coverage on a national platform, employers across the country should be taking proactive steps to curb sexual harassment and incivility in the... READ MORE

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Is a Student Loan Repayment Plan in Your Organization’s Future?

[06/20/18]

Posted on June 20, 2018 in HR Insights for Health Care

Published by: Hall Render

Employers increasingly understand millennials are graduating from college with heavy debt loads from student loans. The Pew Research Center reported last August that 37 percent of adults under the age of 30 have student loan debt. For young adults with a bachelor’s degree or greater, the portion with outstanding student loans rises to 53 percent.... READ MORE

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NLRB General Counsel Issues New Memo on Handbook Rules

[06/13/18]

Posted on June 13, 2018 in HR Insights for Health Care

Published by: Hall Render

For years, we have reported on the multitude of decisions from the Board striking down employer handbook rules. Many of these decisions were based on a standard set forth in the Lutheran Heritage case, which provided, in part, that a rule or policy maintained by an employer is unlawful if “employees would reasonably construe... READ MORE

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OFCCP Extends and Expands TRICARE Enforcement Moratorium

[05/31/18]

Posted on May 31, 2018 in HR Insights for Health Care

Published by: Hall Render

In happy news for the health care industry, OFCCP recently announced a two-year extension of its TRICARE enforcement moratorium. The agency’s self-initiated enforcement moratorium, which has been in effect for four years, is now scheduled to expire on May 7, 2021. OFCCP also expanded the scope of the moratorium to apply to providers under the... READ MORE

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