Articles and Blogs

HR Insights for Health Care

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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#MeToo on the Move: New Sexual Harassment Legislation May Impact Employers

[01/18/19]

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

Published by: Hall Render

In the year or so since the #MeToo and #TimesUp movements shined a national media spotlight on sexual harassment in the workplace, the issue has reached several courts and state legislatures as well. As a result, employers may now be required to take additional action in developing policies and procedures to address sexual harassment,... READ MORE

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Brrr! New Consumer Credit Freeze Rights Trigger Updates to Employers’ FCRA Disclosure Forms

[01/04/19]

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

Published by: Hall Render

As you are likely aware, employers who use third parties to perform background checks (e.g., driving record, credit reports, criminal background, etc.) must comply with the Fair Credit Reporting Act (“FCRA”) rules in that regard, including providing the subject consumers (applicants and employees) with notice of their rights. You may not be aware that... READ MORE

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Michigan’s Adult-Use Recreational Marijuana Law Takes Effect

[01/04/19]

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

Published by: Hall Render

After a successful ballot initiative in the fall of 2018, the Michigan Regulation and Taxation of Marihuana Act (“MRTMA”) became effective on December 6. In essence, the law permits adults age 21 and older to possess and use marijuana for recreational purposes (within certain limits) and provides for the regulation and taxation of marijuana... READ MORE

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Proposed Changes to H-1B Cap Process

[12/04/18]

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

Published by: Hall Render

The Department of Homeland Security (“DHS”) recently announced a notice of proposed rulemaking that would require employers seeking to file cap-subject H-1B petitions to first electronically register with U.S. Citizenship and Immigration Services (“USCIS”). The proposed rule would also reverse the order that USCIS selects H-1B petitions under the H-1B cap and the advanced... READ MORE

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