Articles and Blogs

HR Insights for Health Care

NLRB Curtails “Quickie” Election Rules

[01/02/20]

Posted on January 2, 2020 in HR Insights for Health Care

Published by: Hall Render

We previously wrote about the “quickie” election rules here. On December 13, 2019, the NLRB released new election rules that significantly dialed back several previous amendments. Under the quickie election rules, or “Old Rules,” the median number of days from petition to election had decreased by a total of approximately 15 days.[1] Union Election... READ MORE

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EEOC Reverses 22-Year-Old Policy on Binding Arbitration of Discrimination Disputes

[12/20/19]

Posted on December 20, 2019 in Health Law News, HR Insights for Health Care, Litigation Analysis

Published by: Hall Render

This week, the Equal Employment Opportunity Commission (“EEOC”) rescinded a nearly 22-year-old policy opposing mandatory arbitration agreements in employment discrimination disputes imposed as a condition of employment. The 1997 Policy In 1997, the EEOC took the position that “agreements that mandate binding arbitration of discrimination claims as a condition of employment are contrary to... READ MORE

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Judicial Approval Not Needed for Accepted Offers of Judgment in Fair Labor Standards Act Cases

[12/16/19]

Posted on December 16, 2019 in HR Insights for Health Care

Published by: Hall Render

Is judicial approval required for accepted Rule 68(a) offers of judgment in Fair Labor Standards Act (“FLSA”) cases? The U.S. Court of Appeals for the Second Circuit recently said “no” and, in doing so, contradicted at least part of a longstanding view that settlement of all FLSA matters requires either approval by the U.S.... READ MORE

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Sixth Circuit Rules “Smoking Gun” Email May Show Employee “Regarded As” Disabled Was Fired Under False Pretext

[11/21/19]

Posted on November 21, 2019 in HR Insights for Health Care, Litigation Analysis

Published by: Hall Render

On November 6, the Sixth Circuit Court of Appeals clarified the standard to establish a claim under the “regarded as” prong of discrimination under the Americans with Disabilities Act (“ADA”) and explained the type of evidence that supports an inference that an employer’s reasons for an employee’s termination are “pretextual” and actually motivated by discrimination. Factual Background A nurse anesthetist, Paula E. Babb, insisted her former employer... READ MORE

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OFCCP Seeks to Make TRICARE Carve Out Permanent

[11/12/19]

Posted on November 12, 2019 in HR Insights for Health Care

Published by: Hall Render

In more happy news for the health care industry, the Office of Federal Contract Compliance Programs (“OFCCP”) is proposing to amend its regulations concerning its jurisdiction over health care providers that participate in TRICARE. The amendments would revise OFCCP’s regulatory definition of “subcontractor . . . to exclude health care providers with agreements to... READ MORE

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Federal Judges Vacate Conscience Rule Nationwide

[11/07/19]

Posted on November 7, 2019 in Health Law News, HR Insights for Health Care

Published by: Hall Render

On November 6, 2019, a federal judge sitting in the Southern District of New York voided the U.S. Department of Health and Human Services (“HHS”) Final Conscience Rule (“Conscience Rule”) set to take effect November 22, 2019.[1] In its ruling, the Court vacated the Conscience Rule in its entirety nationwide. A federal judge sitting... READ MORE

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Future Impairments Caused by Obesity Not Covered by ADA

[11/01/19]

Posted on November 1, 2019 in HR Insights for Health Care

Published by: Hall Render

Health care providers who staff for safety-sensitive positions should take notice of a Seventh Circuit appeals panel ruling on October 29, 2019, that an obese applicant cannot claim a violation of the Americans with Disabilities Act for an employer’s rejection of him over concerns about future possible health conditions and related safety concerns arising... READ MORE

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Employers Beware – States Increasingly Limit the Enforceability of Noncompete Agreements

[10/02/19]

Posted on October 2, 2019 in HR Insights for Health Care

Published by: Hall Render

This fall, a string of state laws limiting the enforceability of noncompete agreements with low-wage workers are beginning to take effect. Six states have passed such laws this year, following a trend that started in Illinois and Massachusetts, including Maine (effective September 19, 2019), Maryland (effective October 1, 2019) and New Hampshire (effective September... READ MORE

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Don’t Hesitate to Designate: DOJ Letters Claim Employers Must Designate Qualifying Leave as FMLA Leave

[09/30/19]

Posted on September 30, 2019 in HR Insights for Health Care

Published by: Hall Render

Two recent opinion letters by the Wage and Hour Division of the U.S. Department of Labor (“DOL”) interpret the Family and Medical Leave Act (“FMLA”) to require that whenever an employee takes leave for an FMLA-qualifying reason, the employer must designate such leave as FMLA leave, even if the employee would prefer to “save... READ MORE

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Department of Labor Announces Final Rule Updating Overtime Regulations, Effective January 1, 2020

[09/26/19]

Posted on September 26, 2019 in HR Insights for Health Care

Published by: Hall Render

On September 24, 2019, the U.S. Department of Labor announced a final rule updating the salary basis test’s earning threshold for exempt employees under the Fair Labor Standards Act. This new rule will become effective on January 1, 2020. These changes, which will require employers to reassess exempt employee classification, may significantly impact many... READ MORE

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