Articles and Blogs

HR Insights for Health Care

Claims of Sexual Assault and Sexual Harassment in Employment Not Subject to Arbitration – At Least in One Case

[03/18/19]

Posted on March 18, 2019 in HR Insights for Health Care

Published by: Hall Render

The #MeToo Movement Focuses Attention on Mandatory Arbitration Agreements The #MeToo movement brought attention to the use of private arbitration for claims of sexual harassment and sexual assault in the workplace because employers benefit from the sometimes reduced costs of arbitration by not having to air those disputes in public and before juries of... READ MORE

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EEO-1 Filing Update – We Have to Provide Pay Data Now???

[03/08/19]

Posted on March 8, 2019 in HR Insights for Health Care

Published by: Hall Render

The controversial Obama-era EEO-1 pay data disclosure requirements that had been indefinitely stayed by the White House Office of Management and Budget (“OMB”) were reinstated earlier this week by a federal district court judge. This unhappy news for employers arrives less than three months before the May 31, 2019 EEO-1 filing deadline. The case... READ MORE

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Thousands of Foreign Nationals May Lose Employment Authorization with the Proposed Rule to End the H-4 EAD Program Moving Forward

[03/06/19]

Posted on March 6, 2019 in HR Insights for Health Care

Published by: Hall Render

If the Trump administration moves forward with a plan to revoke work authorization for certain H-4 visa holders, over 100,000 foreign nationals could lose their ability to work in the United States. Overview The H-4 nonimmigrant visa allows spouses and unmarried children (under 21 years of age) of H-1B visa holders to join them... READ MORE

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State of Michigan Amends Paid Sick Leave Law

[03/04/19]

Posted on March 4, 2019 in HR Insights for Health Care

Published by: Hall Render

As explained in our previous post, on September 5, 2018, the Michigan Legislature voted to approve the Earned Sick Time Act (“ESTA”), a citizen petition-initiated measure that was due to go into effect in March of 2019. However, before the ESTA could go into effect, in December of 2018, it was renamed as the... READ MORE

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Immigration Consequences for Prescribing Medical Marijuana

[02/21/19]

Posted on February 21, 2019 in HR Insights for Health Care

Published by: Hall Render

The legality and use of medical marijuana has been changing rapidly over the last decade. The rules for prescribing medical marijuana vary under state law, but the sale, possession, production and distribution of marijuana, or the facilitation of these crimes, remains illegal under U.S. federal law. This landscape creates uncertainty for many physicians but... READ MORE

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NLRB Restores the Long-Standing Test for Determining Independent Contractor Status

[02/19/19]

Posted on February 19, 2019 in HR Insights for Health Care

Published by: Hall Render

In SuperShuttle DFW Inc.¹, the National Labor Relations Board (“Board”) held that it would return to its longstanding and previously defined framework for determining whether a worker is classified as an employee or an independent contractor under the NLRA (“Act”). The issue in SuperShuttle was whether franchisees who operate shared-ride vans for SuperShuttle Dallas-Fort... READ MORE

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EEO-1 Filing Website to Open Soon – Submission Deadline Extended to May 31, 2019

[02/19/19]

Posted on February 19, 2019 in HR Insights for Health Care

Published by: Hall Render

The EEO-1 filing website will open in early March. The filing deadline has been extended to May 31, 2019. Both dates were pushed back as a result of the recent, partial federal government shutdown. Luckily for employers, the controversial pay data disclosure requirements remain on indefinite hold, as we previously reported; however, covered employers still... READ MORE

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EEOC and DOJ Pact Continues Focus on Workplace Harassment—Employers Take Note (Especially County Hospitals)

[01/31/19]

Posted on January 31, 2019 in HR Insights for Health Care

Published by: Hall Render

Once again, the Equal Employment Opportunity Commission (“EEOC”) is demonstrating its strong stance against harassment in the workplace. The EEOC recently announced a partnership with the U.S. Department of Justice, allowing for quicker action against state and local government employers in harassment allegations – keep in mind that county hospitals typically fit the definition... READ MORE

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HHS Releases Updated Guidance on Health Industry Cybersecurity Practices

[01/24/19]

Posted on January 24, 2019 in HR Insights for Health Care, Long-Term Care, Home Health & Hospice

Published by: Hall Render

Cybersecurity continues to rank amongst the major concerns for health care providers. Long-term care facilities in particular are increasingly attractive “low-hanging fruit” for digital bad actors because of the misperception that smaller entities are not big enough to warrant the resources and risk associated with a cyberattack. With a new year, the Department of... READ MORE

FDA Clarifies Position on CBD After Passage of 2018 Farm Bill

[01/18/19]

Posted on January 18, 2019 in HR Insights for Health Care

Published by: Hall Render

The United States Food and Drug Administration (“FDA”) issued a statement (the “Statement”) clarifying its position on cannabidiol (“CBD”) products in the wake of the Agriculture Improvement Act of 2018 (the “2018 Farm Bill”) signed December 20, 2018.¹ The 2018 Farm Bill is a broad piece of legislation that regulates agricultural programs ranging from income support... READ MORE

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