Articles and Blogs

HR Insights for Health Care

Of Faux Pas, Fibs and Legal Fees: A Cautionary FMLA Tale

[11/14/18]

Posted on November 14, 2018 in HR Insights for Health Care

Published by: Hall Render

A recent decision from a U.S. District Court in Wisconsin held that the Family and Medical Leave Act (“FMLA”) claim brought by the former employee of an assisted living center could not be dismissed. The outcome and the facts are instructive for other health care employers. The former employee of the assisted living facility,... READ MORE

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What Can I Put Away for Retirement Next Year? IRS and Social Security Administration Release 2019 Limits

[11/13/18]

Posted on November 13, 2018 in HR Insights for Health Care

Published by: Hall Render

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

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A Midterm to Remember and Introducing “Marijuana in the Workplace: Legal Issues for Employers to Consider”

[11/09/18]

Posted on November 9, 2018 in HR Insights for Health Care

Published by: Hall Render

The November 6, 2018 midterm elections will be remembered for a lot of things, including the wave of marijuana legalization that followed after polls closed. A majority of voters in Utah and Missouri endorsed ballot initiatives that legalized the medicinal use of marijuana in both states. Michigan, for its part, became the first Midwest... READ MORE

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Health Provider News – October 19, 2018

[10/22/18]

Posted on October 22, 2018 in HR Insights for Health Care

Published by: Hall Render

NATIONAL Azar Issues 2nd HIPAA Privacy Rule Waiver in As Many Months Aetna Reaches Settlements with State AGs Over HIPAA Violations CMS signs up 1,547 providers for new bundled payment model Amazon, Walmart patents highlight potential of biometric monitoring Grassley calls for Federal Trade Commission to examine hospital, insurer contracting 39 new ASCs were... READ MORE

Wisconsin Supreme Court on Wis. Stat. § 108.04(5)(e): Employers May Adopt Their Own Absenteeism Policies

[10/16/18]

Posted on October 16, 2018 in HR Insights for Health Care

Published by: Hall Render

Recently, the Wisconsin Supreme Court affirmatively ruled that an employee’s violation of his or her employer’s written absenteeism policy constituted “misconduct” under Wis. Stat. § 108.04(5), even where the employer’s absenteeism policy was more stringent than the definition of absenteeism outlined under the statute. In doing so, the Court reversed a decision by the... READ MORE

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Department of Labor Issues Six New FMLA and FLSA Opinion Letters

[10/04/18]

Posted on October 4, 2018 in HR Insights for Health Care

Published by: Hall Render

They’re at it again! On August 28, 2018, the Department of Labor’s Wage and Hour Division issued six opinion letters. This was the second batch of opinion letters from the Wage and Hour Division in a matter of months. The Wage and Hour Division, which hadn’t published new opinion letters since 2010, previously issued... READ MORE

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Bias-Based Comments Have Consequences

[10/03/18]

Posted on October 3, 2018 in HR Insights for Health Care

Published by: Hall Render

A recent denial of summary judgment by a U.S. District Court in New York reminds us that bias-based comments can have serious consequences for hospitals and other employers, including that their employment decisions may be undermined. The ruling also suggests that, in certain situations, requiring a waiver of claims may be considered retaliatory. Facts... READ MORE

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State of Michigan Adopts Paid Sick Leave Law

[09/24/18]

Posted on September 24, 2018 in HR Insights for Health Care

Published by: Hall Render

On September 5, 2018, the Michigan Legislature voted to approve the Earned Sick Time Act (the “Act”), the Midwest’s first statewide paid sick and safe time law.[1] The Act requires employers to provide employees with earned sick time, up to 72 hours per year, for certain covered reasons, such as mental or physical illness... READ MORE

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A Mixed Bag on Joint Employment Rulings, but the Future Looks Promising (Part II of II)

[08/29/18]

Posted on August 29, 2018 in HR Insights for Health Care

Published by: Hall Render

As we noted in the prior article that we recently posted, there were two different franchisor/franchisee rulings issued this summer in the context of joint employment relationships. Recall that joint employment is an employment law theory that involves an employee who works for two separate companies—the joint employers—where both companies have the ability to control... READ MORE

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IRS Approves Student Loan Repayment Feature for a 401(k) Plan

[08/29/18]

Posted on August 29, 2018 in HR Insights for Health Care

Published by: Hall Render

A concern for many workers today is the student loan burden they carry. Many employees, both young and old, are paying off large student loan balances rolled up in pursuing undergraduate and graduate college degrees. As the cost of college education continues to increase at rates that surpass the general inflation rate in the... READ MORE

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