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HR Insights for Health Care

Employer Victory – FLSA Meal Period Litigation Collective Action Decertified

[08/31/12]

Posted on August 31, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

Automatic meal period deductions – A common practice Some good news for employers.  In an important victory for employers, the U.S. Court of Appeals for the Sixth Circuit, in Frye v. Baptist Memorial Hospital, recently affirmed the decision of the Western District of Tennessee to decertify a collective action brought under the FLSA challenging... READ MORE

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Health Insurance – Read the Policy before Extending Coverage during Leave or Severance!

[08/28/12]

Posted on August 28, 2012 in HR Insights for Health Care

Written by: Tara L. Slone

A common scenario – Extending health insurance coverage It is not uncommon for employers to provide continued health plan coverage for employees on non-FMLA leaves or in connection with severance packages.  However, those employers should be certain that the terms of their group health plan provide for such coverage, otherwise the employer could be... READ MORE

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No-Compete Agreements – Does Your Applicant Have One?

[08/13/12]

Posted on August 13, 2012 in HR Insights for Health Care

Written by: Turner, Carrie E.

It is common for high level business executives, skilled professionals, physicians and other key employees to enter into employment contracts with their employers.  It is also common for these employment contracts to contain restrictive no-solicitation and no-compete provisions that prohibit these employees from competing with the employer in a defined territory and for a... READ MORE

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Confidential Investigations – Challenged by the NLRB

[08/07/12]

Posted on August 7, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

Does this sound like a good and reasonable thing to say to an employee who has brought a complaint to your attention? “Please keep our discussions confidential while our investigation is ongoing.” Well, it may not be so good or reasonable according to the NLRB.  Employers faced with suspected employee misconduct have an obligation – in... READ MORE

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NLRB Challenges “Employment-At-Will” Acknowledgements

[08/06/12]

Posted on August 6, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

Virtually all employers that have an Employee Handbook also have an acknowledgement of receipt of the Handbook.  It is very common in the acknowledgement for an employer to clearly spell out the fact that the employee is an “Employee-At-Will”.  Now this common employer practice is being challenged by the NLRB. Do Handbook Acknowledgements Violate the Law?... READ MORE

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“Quickie Election Rule” – NLRB Loses Round 2

[08/01/12]

Posted on August 1, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

“Quickie Election Rule” – NLRB Loses Round 2 The NLRB has lost another round in the battle over its so-called “Quickie Election Rule.”  The federal court that on May 14, 2012 put a halt to the NLRB’s rule that would have speeded up union elections in the private sector (see our Employment Law News Article) rebuffed... READ MORE

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Blowing the Whistle on Your Employee – It’s a Privilege

[07/25/12]

Posted on July 25, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

Illegal Conduct at Work What is the right thing to do when you become aware that your employee has done something illegal at work?  Some employers may be reluctant to tell law enforcement authorities what their employee did out of fear of being sued for defamation by the employee.  A very recent case decided by... READ MORE

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Pregnancy, Lifting Restrictions and Unpaid Leave – No Liability for Employer

[07/24/12]

Posted on July 24, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

Pregnant Employee with 10 Pound Lifting Restriction – What to Do? Is it unlawful discrimination for an employer to place a pregnant part-time merchandise stocker with a 10-pound lifting restriction on an involuntary unpaid leave? In this recent case decided by the Seventh Circuit, the Court said “No“. . . there was no unlawful... READ MORE

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Statistics Tell Us What the EEOC Is Doing These Days

[07/16/12]

Posted on July 16, 2012 in HR Insights for Health Care

Written by: Jonathon A. Rabin

The EEOC keeps track of what it’s doing.  Fiscal year statistics of filings in the various categories of discrimination show what’s trending in the most active areas of “interest” for employees and the EEOC. With that in mind, employers often find it helpful to stay on top of trends in those charges.   READ MORE

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Court gives FMLA “Treatment” the full treatment – What it is and what it isn’t

[07/12/12]

Posted on July 12, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

When is “Treatment” actually treatment under the FMLA? Imagine that your employee who has been diagnosed with anxiety and chronic back pain asked for FMLA leave for an afternoon doctor appointment.  Your employee had already provided a doctor’s certification that his condition required periodic treatments but the afternoon appointment was with a different doctor.  So, you... READ MORE

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