Articles and Blogs

HR Insights for Health Care

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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Social Club for Male Executives Does Not Violate Title VII

[08/08/19]

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

Published by: Hall Render

A federal district court in Nashville, TN has entered a summary judgment dismissal of a former Human Resources Director’s discrimination and retaliation claims. The case is significant because it explores the line between offensive social conduct that does not violate Title VII and adverse employment action that does. Discrimination Marie Hasting’s lawsuit asserted that... READ MORE

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Pay Data Reporting on EEO-1 Forms Appears to Be the New Reality

[08/02/19]

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

Published by: Hall Render

In March of this year, a federal judge in Washington, D.C. reinstated the controversial EEO-1 Component 2 pay data reporting requirements. The current reporting deadline is September 30, 2019. The EEO-1 Pay Data Reporting Roller Coaster The EEO-1 is an annual report filed with the Equal Employment Opportunity Commission (“EEOC”) that has historically collected... READ MORE

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Mandate to Arbitrate: Sixth Circuit Upholds Enforceability of Mandatory Arbitration Provisions

[07/22/19]

Posted on July 22, 2019 in HR Insights for Health Care

Published by: Hall Render

On July 8, 2019, the Sixth Circuit issued an employer friendly opinion strengthening the enforceability of routinely included mandatory arbitration provisions in employment contracts. In its opinion, the court rejected a former employee’s claim that “two completely different and conflicting terms” for resolution of all legal disputes rendered the mandatory arbitration clause in his... READ MORE

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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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