Articles and Blogs


Federal Court Halts Enforcement of DOL “Persuader Rule”


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

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Back in April, Hall Render reported that the U.S. Department of Labor (“DOL”) published its so-called “Persuader Rule.” The DOL’s new rule has generated a heated outcry from employer groups and attorneys. Litigation followed and, on June 27, 2016, a federal district court in Texas issued a temporary nationwide injunction, preventing the DOL from enforcing the... READ MORE

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Replacing Striking Employees Becomes Even More Risky – NLRB Changes the Playing Field


Posted on June 2, 2016 in HR Insights for Health Care

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For nearly 68 years, the general understanding was that in collective bargaining, both sides have access to weapons in the game of economic warfare. Unions and employees have the right to strike, and employers have the right keep the doors open by replacing the striking employees – either temporarily or permanently. There were exceptions of course. Unions... READ MORE

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Let Me Persuade You: DOL Issues New Rules Affecting Employers, Consultants and Lawyers


Posted on April 4, 2016 in HR Insights for Health Care

Published by: Hall Render

For over five years, the U.S. Department of Labor has been pondering the issuance of new rules governing “persuader” activities. On  March 24, 2016, the new Persuader Rule was officially published in the Federal Register, is set to become effective on April 25, 2016 and applies to all arrangements, agreements and payments made on or after... READ MORE

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Now There Are Twenty-Six: West Virginia Adopts “Right to Work”


Posted on February 15, 2016 in HR Insights for Health Care

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West Virginia joins 25 other states that have adopted “right to work” laws that prohibit private employers from requiring workers to pay union dues, fees and assessments as a condition of employment. Governor Earl Ray Tomblin (D) initially vetoed the measure, but on February 12, 2016, the West Virginia legislature overrode the governor’s veto.... READ MORE

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NLRB “Deletes” Employer’s “No-Recordings” Rules


Posted on February 4, 2016 in HR Insights for Health Care

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Many employers have rules prohibiting the recording of conversations or the taking of photos or videos in the workplace. Even if there is no rule, many employers will tell an employee who wants to record something that it’s not allowed. Presumably, there may be several legitimate reasons for the employer’s reaction to workplace recordings.... READ MORE

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Facebook and the NLRB – What’s Not to “Like”


Posted on November 2, 2015 in HR Insights for Health Care

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Over the years, we have “followed” the NLRB’s analysis of employer social medial policies. Employee’s “Like” of Another’s Facebook Rant Is Protected The evolution continues. On October 21, in an unpublished opinion, the Second Circuit (with district courts in Connecticut, New York and Vermont) affirmed the NLRB’s August 2014 decision in the controversial Triple... READ MORE

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Hospital’s No-Access Rule Is Lawful, but Inconsistent Enforcement Was the Problem


Posted on October 28, 2015 in HR Insights for Health Care

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The National Labor Relations Board (“NLRB”) has reviewed a number of private employer rules restricting off-duty employees’ access to employer facilities. In some cases, the NLRB has held that the employer’s rule was unlawfully overbroad because it granted the employer too much discretion to determine the business reason for an employee’s access.  In other... READ MORE

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The NLRB’s War Against Independent Contractors Status Continues


Posted on September 30, 2015 in HR Insights for Health Care

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The National Labor Relations Board (“NLRB”) continues its efforts to find employee status for individuals historically considered to be independent contractors. In Sisters’ Camelot, a decision issued on September 25, 2015, the Board reversed an administrative law judge’s finding that canvassers hired by a non-profit organization for fundraising purposes were independent contractors. What Were... READ MORE

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Union Authorization Cards Are Now Just a Few Clicks Away


Posted on September 29, 2015 in HR Insights for Health Care

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The National Labor Relations Board (“NLRB”) has decided to allow a union to present electronic evidence of employee authorization in support of a request for a secret ballot election in the private sector. This move may make it even easier for a union to gather support and raises many concerns about how employees use computers... READ MORE

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Joint Employment – NLRB Broadly Redefines the Standard


Posted on August 28, 2015 in HR Insights for Health Care

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In a highly anticipated decision, the NLRB has restated and redefined the standard for determining when employers will be found to be joint employers for purposes of the National Labor Relations Act (“NLRA”).  The NLRA governs labor management relations in the private sector.  This three-to-two decision applies long-established principles to find that two or... READ MORE

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