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HR Insights for Health Care

Employer’s “Honest Belief” Defense Remains Viable in Cases of Employee Misuse of FMLA Leave


Posted on February 20, 2017 in HR Insights for Health Care

Published by: Hall Render

Too often employers have reservations or concerns about employees’ misuse of FMLA leave and fail to act in response. A recent holding in a federal court case serves as a reminder to employers that if they have an “honest belief” that employee FMLA misuse has occurred, they may have a certain defense to retaliation... READ MORE

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President Acts on Labor Department Fiduciary Rule


Posted on February 10, 2017 in HR Insights for Health Care

Published by: Hall Render

On February 3, 2017, President Donald Trump signed a presidential memorandum addressing the Department of Labor’s (“DOL”) so-called fiduciary rule that will go into effect on April 10, 2017.  Early media reports on February 2 and 3 indicated that the president would delay or suspend the rule. However, he did neither. The presidential memorandum directs... READ MORE

Section 1557: Federal Court Issues Nationwide Injunction Against HHS Sex Discrimination Rules


Posted on January 16, 2017 in Health Law News, HR Insights for Health Care

Published by: Hall Render

On December 31, 2016, a federal district court in Texas issued a preliminary injunction to prevent HHS from enforcing those few portions of the regulations implementing Section 1557 of the Affordable Care Act (“ACA”) that interpret the prohibition against “sex” discrimination to include discrimination on the basis of “gender identity” and “termination of pregnancy.”... READ MORE

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Texas Court Issues Nationwide Preliminary Injunction Against Expansion of Overtime


Posted on November 23, 2016 in HR Insights for Health Care

Published by: Hall Render

DOL’s Final Rule Blocked On November 22, 2016, a federal district judge in Texas issued a nationwide preliminary injunction preventing the U.S. Department of Labor (“DOL”) from implementing and enforcing its final rule establishing new salary thresholds for millions of traditionally exempt white collar employees.  As we reported in July, that new rule, which... READ MORE

EEOC Updates Guidance Regarding National Origin Discrimination


Posted on November 22, 2016 in HR Insights for Health Care

Written by:

On November 21, the EEOC announced the release of its updated Enforcement Guidance on National Origin Discrimination (“Guidance”), representing the first official guidance on this topic in 14 years. The new Guidance replaces the EEOC Compliance Manual, Volume II, Section 13: National Origin Discrimination, previously published in 2002. The Guidance may be accessed here. The... READ MORE

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What Will a Trump Presidency Mean for Employers?


Posted on November 10, 2016 in HR Insights for Health Care

Published by: Hall Render

Only time will tell for certain whether President-elect Donald J. Trump will pursue a traditional Republican agenda on employment issues. While Mr. Trump certainly carries a business background, his appeal to blue collar and other middle class workers during the campaign may restrain what might otherwise be a pro-employer legislative agenda in some areas. We... READ MORE

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What can I put away for retirement this year? IRS and Social Security Administration Release 2017 Limits


Posted on October 31, 2016 in HR Insights for Health Care

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Have you ever asked or been asked, “What can I put away for retirement this year?” The answer could be different almost every year. Most of the limitations in the Internal Revenue Code are indexed with inflation.  They increase many years but not all. The IRS and Social Security Administration have released the 2017... READ MORE


Changing Course? Seventh Circuit to Rehear Title VII Sexual Orientation Case


Posted on October 19, 2016 in HR Insights for Health Care

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The Court of Appeals for the Seventh Circuit will rehear a once-dismissed Title VII sexual orientation case, possibly signaling that the Seventh Circuit will change course and read Title VII as prohibiting sexual orientation discrimination. Background Title VII prohibits employment discrimination based on race, color, religion, sex and national origin; the prohibitions apply to... READ MORE

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EEOC Suit Highlights Risks of Disciplining Employees Who Refuse Flu Vaccination


Posted on September 28, 2016 in HR Insights for Health Care

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On Friday, September 23, 2016, the EEOC filed a lawsuit against a Pennsylvania health system for allegedly firing six employees who refused flu vaccines. The complaint brings Title VII claims for failure to accommodate sincerely held religious beliefs. Generally, Title VII of the Civil Rights Act of 1964 prohibits most employers from discriminating against employees on... READ MORE


EEOC Issues New Enforcement Guidance on Workplace Retaliation


Posted on September 26, 2016 in HR Insights for Health Care

Written by:

Recently, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued New Enforcement Guidance on workplace retaliation (the “Guidance”). The Guidance was influenced by several Supreme Court decisions addressing retaliation under EEOC-enforced laws and a significant increase of retaliation claims found in EEOC charges. In addition to the Guidance, the EEOC issued a question-and-answer reference guide... READ MORE