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HR Insights for Health Care

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

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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

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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

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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

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Title VII Doesn’t Cover Discrimination Based on Immigration Status

[06/25/12]

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

Written by: Dana E. Stutzman

The Seventh Circuit, which covers Indiana, Illinois, and Wisconsin, recently ruled that a bank’s alleged bias against one of its managers based on the immigration status of the manager’s husband is not actionable under Title VII.  (In other words, Title VII doesn’t cover discrimination based on immigration or citizenship status.)  In affirming the lower... READ MORE

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If the NLRB Can’t Have Its Notice, It Can Still Have Its Webpage

[06/18/12]

Posted on June 18, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

The NLRB’s requirement that most private employers post a notice of employee rights was struck down by the courts.  But in doing a work around, the NLRB has established a webpage that specifically deals with “Protected Concerted Activity”. A Map Tells the Stories The page tells the stories of more than a dozen recent cases... READ MORE

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Social Media Policies – NLRB General Counsel Says What’s “Lawful” and What’s Not

[06/07/12]

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

Written by: Stephen W. Lyman

The NLRB’s Acting General Counsel issued a Memorandum  on May 30, 2012 clarifying and outlining its position on the lawfulness of employer social media policies.  The Memorandum discusses several recent cases where the NLRB determined that certain private employer policies were overbroad and interfered with employee rights under the NLRA.  The section of most interest... READ MORE

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IRS Guidance on $2,500 Limit For Flexible Spending Accounts

[06/06/12]

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

Written by: Tara L. Slone

The IRS recently issued Notice 2012-40 providing guidance on the $2,500 maximum annual limit on employee contributions to health care flexible spending accounts (“FSAs”) as set forth in the Affordable Care Act. The full text of the Notice can be found here. The Act states that the limit is effective January 1, 2013 for... READ MORE

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Want Some Obscenity To Go With Your Coffee? – The NLRB Has To Think About It

[05/23/12]

Posted on May 23, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

Starbucks has a reputation for making great coffee.  It values that reputation and when employees use obscenities in the store in front of customers something has to be done. That’s what happened at a Starbucks store in Manhattan where a vocal union organizer got even more vocal in the store and used obscenities in... READ MORE

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Unpredictable Seizures – Mammography Tech was a “Direct Threat” and “Not Qualified”

[05/18/12]

Posted on May 18, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

The ADA requires employers to attempt to reasonably accommodate qualified individuals with a disability.  But what about a Certified Mammography Technician who suffered 14 epileptic seizures on the job in a two year period? In this case a federal court held that this hospital employee was not qualified and also presented a direct threat... READ MORE

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