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HR Insights for Health Care

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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Physician’s Harassment Claim Fails – Only a Personality Conflict

[05/17/12]

Posted on May 17, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

Complaints of harassment don’t always result in liability for an employer.  Here’s a case in point. A Syrian born Muslim physician employed at Stroger Hospital in Cook County wrote letters and lodged formal complaints over the years about his treatment by a female coworker who was also a physician in the same department.  The... READ MORE

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NLRB’s “Quickie Election Rule” Set Aside by Federal Court

[05/14/12]

Posted on May 14, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

Good news for private employers.  Today, May 14, 2012 the U. S. District Court for the District of Columbia ruled that the NLRB lacked a quorum when it took a final vote to issue it’s hotly debated “Quickie Election Rule”.  Consequently, the Rule that would have had the effect of drastically speeding up union... READ MORE

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When is a Physician a Hospital’s Employee? – Ask the Jury

[05/11/12]

Posted on May 11, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

Normally a physician who is not actually “employed” by a hospital is not an employee who would be protected by anti-discrimination laws. But it’s not always that simple. In fact, it can be quite complicated and risky for a hospital if the relationship is not clearly established. If the relationship is not clear then... READ MORE

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