Articles and Blogs

HR Insights for Health Care

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

Tags: , , , ,

“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

Tags: , ,

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

Tags:

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

Tags: , , , ,

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

Tags: , , , , , ,

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

Tags: , , ,

NLRB Says NO! to “No-Access” Rule for Off-Duty Employees

[07/06/12]

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

Written by: Stephen W. Lyman

Earlier this week, the NLRB continued its scrutiny of “overly broad” employer policies.  This time the NLRB held that a hospital’s “No-Access” rule for off-duty employees was unlawful because it gave too much discretion to the employer to determine what access was permitted.  The hospital’s policy was not at all that unusual and provided:  READ MORE

Tags: , ,

Employee Disloyalty “Too Close to Call” for the NLRB

[07/05/12]

Posted on July 5, 2012 in HR Insights for Health Care

Written by: Meek, Travis P.

In an interesting display of seeming uncertainty, the NLRB’s Division of Advice recommended the dismissal of an unfair labor practice charge against an employer.  In this case, a union alleged that an employer unlawfully threatened its employees over a flyer containing statements that the worksite was contaminated with toxic, unhealthy chemicals.  In an effort to... READ MORE

Tags: , ,

Need Time? DOL Publishes FMLA Help for Employees…and Employers

[06/30/12]

Posted on June 30, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

In an effort to reach out to employees who may not be aware of their rights for a leave of absence under the FMLA, the U. S. Department of Labor has set up a webpage that contains a great deal of helpful information.  The information is contained in a downloadable 16-page booklet – “Need Time? The... READ MORE

Tags: , , ,

Breathe Easy Indiana – No-Smoking Law Effective July 1

[06/27/12]

Posted on June 27, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

Indiana’s statewide smoke-free air law begins July 1, 2012 and every county in Indiana will be covered by a smoke-free air law. Nearly all public places in the state, including restaurants and other workplaces, will be smoke-free. Breathe Indiana Website The state has established a very helpful website that will help Indiana employers and... READ MORE

Tags: ,