Articles and Blogs

HR Insights for Health Care

New Illinois Legislation Legalizing Recreational Marijuana Use and What This Means for Employers

[07/15/19]

Posted on July 15, 2019 in HR Insights for Health Care

Published by: Hall Render

On June 25, 2019, Illinois Governor J.B. Pritzker signed the Cannabis Regulation and Tax Act (the “Act”) to make Illinois the eleventh state to allow recreational marijuana use. Effective January 1, 2020, adults age 21 and older may purchase and possess up to 1 ounce (30 grams) of marijuana at a time from a... READ MORE

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Seventh Circuit: Obesity Alone Is Not Protected Under the ADA

[07/09/19]

Posted on July 9, 2019 in HR Insights for Health Care

Published by: Hall Render

On June 12, 2019, the United States Court of Appeals for the Seventh Circuit joined the Second, Sixth and Eighth Circuits in determining that without evidence of an underlying physiological disorder, a plaintiff’s weight does not qualify as a disability under the Americans with Disabilities Act (“ADA”). In the Seventh Circuit case Richardson v. Chicago... READ MORE

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HHS Delays Implementation of the Conscience Rule

[07/03/19]

Posted on July 3, 2019 in HR Insights for Health Care

Published by: Hall Render

The U.S. Department of Health and Human Services (“HHS”) agreed on June 28, 2019, to delay implementation of the recently finalized Conscience Rule. We wrote about the Final Conscience Rule and its potential impact on health care employers and organizations in our recent blog. The Conscience Rule prohibits discrimination of individuals who refuse to... READ MORE

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New Minnesota Wage Theft Law Imposes Significant Obligations on Employers

[06/27/19]

Posted on June 27, 2019 in HR Insights for Health Care

Published by: Hall Render

Minnesota’s “Wage Theft Law” goes into effect on July 1, 2019, resulting in significant changes to the state’s labor and employment laws. The new legislation imposes requirements on employers in Minnesota to provide notices and maintain records, create criminal and civil penalties for wage theft and grant additional authority to the Minnesota government agencies... READ MORE

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Raise It or Waive It: U.S. Supreme Court Decides That Title VII’s Charge-Filing Requirement Is Not Jurisdictional

[06/10/19]

Posted on June 10, 2019 in HR Insights for Health Care

Published by: Hall Render

In an unanimous decision authored by Justice Ginsburg, the U.S. Supreme Court recently announced that Title VII’s charge-filing precondition is not a jurisdictional requirement but instead a mandatory claim-processing rule, which may be forfeited if the party asserting the rule waits too long to raise an objection.[1] This decision emphasizes the importance of timely... READ MORE

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NLRB Advice Memo Recommends Restoring a Broader Definition of Picketing Under the NLRA

[05/21/19]

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

Published by: Hall Render

On May 14, the National Labor Relation’s Board (“Board”) Advice Division released an advice memorandum recommending that the Board reconsider three picketing cases decided during President Obama’s administration. The memo provides insight regarding how the General Counsel’s Office, and the Board, may interpret picketing activity in the near future. This advice could affect health... READ MORE

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HHS Final Conscience Rule and Protected Employees

[05/20/19]

Posted on May 20, 2019 in HR Insights for Health Care

Published by: Hall Render

Update: This blog article was originally posted on May 20, 2019, and it stated that the New Conscience Rule had not yet been published in the Federal Register. The final rule was subsequently published in the Federal Register on May 21, 2019, and this article was updated on May 23, 2019, to reflect this... READ MORE

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The Supreme Court Announces a Presumption Against Class Arbitration

[05/15/19]

Posted on May 15, 2019 in HR Insights for Health Care

Published by: Hall Render

The Supreme Court of the United States announced a landmark ruling about arbitration clauses on April 24, 2019. In Lamps Plus, Inc. v. Varela, the high court held that an arbitration clause does not permit class arbitration without clearly and explicitly stating so. Chief Justice Roberts delivered the opinion of the Court, reasoning that... READ MORE

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A Marijuana Wake-Up Call on Accommodating Employees with Disabilities

[04/15/19]

Posted on April 15, 2019 in HR Insights for Health Care

Published by: Hall Render

New Jersey’s Law Mirrors Michigan’s and That of Other States Must employers accommodate off-duty use of marijuana? A recent appellate decision in New Jersey serves as a warning to Michigan employers about that question and even raises the specter of having to accommodate positive drug tests for non-disabled employees and applicants. For health care... READ MORE

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H-4 Dependents Face New Hurdles for Maintaining Status in the U.S.

[03/25/19]

Posted on March 25, 2019 in HR Insights for Health Care

Published by: Hall Render

On March 8, 2019, U.S. Citizenship and Immigration Services (“USCIS”) published a revised Form I-539, Application to Extend/Change Nonimmigrant Status, which is used to change or extend the status of a variety of nonimmigrants in the U.S., including H-4 dependents of H-1B workers. As of March 22, 2019, USCIS will only accept the revised version... READ MORE

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