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HR Insights for Health Care

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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Heads Up – Mandatory Transfer to Vacant Position as ADA Accommodation – Maybe…

[05/10/12]

Posted on May 10, 2012 in HR Insights for Health Care

Written by: Craig M. Williams

Under the ADA an employer is obligated to find a “reasonable accommodation,” if possible, for a qualified individual with a disability, which would allow that individual to perform the essential functions of his or her job or to otherwise remain employed by the employer.  Such an accommodation can take various forms, including reassignment of... READ MORE

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Union “Talk” and Union “Solicitation” – Not the Same

[05/04/12]

Posted on May 4, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

Sometimes having a good No-Solicitation and No-Distribution Policy is not good enough when supervisors warn about activities that aren’t covered by otherwise lawful policies.  In this case a hospital that was having problems with its incumbent union had previously established a pretty good policy.  That policy provided: “Solicitation/ Distribution.  Employees are forbidden from soliciting... READ MORE

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Ribbons, Hospitals, Patients and the NLRB

[05/03/12]

Posted on May 3, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

According to long standing NLRB doctrine, in healthcare facilities, restrictions on wearing non-official buttons and insignia in immediate patient care areas are valid. But if there is selective enforcement of the restrictions singles out union related buttons and insignia then there is a problem unless the hospital can show that the restriction was “necessary... READ MORE

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Deductions from Employee Paychecks: Doing them Right and Making them Legal

[05/03/12]

Posted on May 3, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

A Common Scenario Sometimes, as a matter of convenience, an employee may request that a portion of his or her paycheck be deducted and applied toward a debt or other obligation.  For example, the employee might ask that insurance premiums be deducted  – or charitable contributions – or the cost of purchases from the... READ MORE

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Mandatory Flu Vaccine Programs – The EEOC Weighs In

[05/02/12]

Posted on May 2, 2012 in HR Insights for Health Care

Written by: Kevin A. Stella

In a recent informal discussion letter, the EEOC responded to an employer’s inquiry about the application of Title VII of the Civil Rights Act to health care workers’ requests for exemption from an employer-mandated flu vaccination program. In a lengthy response EEOC’s Legal Counsel, Peggy Mastroianni, references several prior EEOC publications addressing relevant legal... READ MORE

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Arrest and Conviction Records – EEOC Takes a Stand

[04/30/12]

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

Written by: Stephen W. Lyman

The EEOC on April 25, 2012 issued its Enforcement Guidance, updating its previous position on an employer’s use of arrest and conviction records in making employment decisions.  The Enforcement Guidance was issued without prior public comment and does not have the force of law, but it does indicate where the EEOC will likely head when... READ MORE

OFCCP TRICARE Webinar Clarifies Some Health Care Jurisdiction Issues

[04/30/12]

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

Written by: Jonathan C. Bumgarner

Last week, the Office of Federal Contract Compliance Programs (“OFCCP”) addressed the status of TRICARE-based affirmative action compliance reviews during an agency conducted webinar.  The webinar was in response to the recent passage of the National Defense Authorization Act (“NDAA”), which included language confirming that TRICARE network providers would not be considered federal subcontractors... READ MORE

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NLRB’s New Quickie Election Rule Procedures Outlined

[04/26/12]

Posted on April 26, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

In a memo issued today, NLRB Acting General Counsel Lafe Solomon outlined in detail how regional offices will implement new representation case procedures that take effect on Monday, April 30. The guidance covers the entire representation case process from beginning to end, incorporating to the extent necessary the new rules and the procedures that... READ MORE

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Employee Scholarships – Taxing Questions for You

[04/23/12]

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

Written by: Jennifer H. Richter,

If you are one of those generous employers who provides educational scholarships to current employees and prospective employees, we strongly recommend that you evaluate whether you are appropriately taxing these benefits.  When an individual hears the word “scholarship,” they frequently don’t think of this financial award as potentially having tax implications.  However, for purposes... READ MORE

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