Articles and Blogs

HR Insights for Health Care

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

On May 2, 2019, the U.S. Department of Health and Human Services (“HHS”) Office of Civil Rights (“OCR”) announced the issuance of the final conscience rule, which prohibits discrimination of individuals on the basis of their exercise of conscience in HHS-funded programs. The rule has not yet been published in the Federal Register, but... 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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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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