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HR Insights for Health Care

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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NLRB Officially Postpones Its Notice Posting Rule

[04/18/12]

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

Written by: Stephen W. Lyman

Just hours after the Federal Appeals Court for the District of Columbia issued its emergency injunction preventing the enforcement of the NLRB’s Employee Rights Notice Posting Rule, the NLRB issued this statement:  “In view of the DC Circuit’s order, and in light of the strong interest in the uniform implementation and administration of agency rules, regional... READ MORE

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NLRB Notice Posting Rule Is Enjoined by Federal Appeals Court

[04/17/12]

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

Written by: Stephen W. Lyman

On April 17, 2012, the Federal Appeals Court for the District of Columbia issued an emergency injunction preventing the NLRB from enforcing its Employee Rights Notice Posting rule that was set to become effective on April 30, 2012.  The Court’s Order granting the injunction sets an expedited schedule for hearing the appeal.  Nevertheless, even with the expedited schedule,... READ MORE

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Regular and Dependable Attendance Is an Essential Job Function for a Nurse

[04/17/12]

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

Written by: Stephen W. Lyman

Dealing with an employee’s poor attendance is one of the bigger headaches for management, especially in health care where a crucial employee’s unplanned absence could mean the difference between life and death for a patient.  But the FMLA and the ADA add layers of complexity and uncertainty for employers in striking a balance between... READ MORE

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NLRB Employee Rights Notice Posting Rule Struck Down in its Entirety by Federal Judge

[04/16/12]

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

Written by: Stephen W. Lyman

Friday the 13th was a bad news day for the NLRB but potentially a very good news day for private employers.  A federal district court judge in South Carolina on Friday, April 13, 2012 held that the NLRB’s rule obligating private employers to post a notice explaining employee rights under the NLRA was beyond... READ MORE

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OFCCP Announces New Date for TRICARE Webinar

[04/13/12]

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

Written by: Jonathan C. Bumgarner

OFCCP announced today the rescheduling of a webinar concerning how the agency intends to address TRICARE based compliance audits.  The webinar is in follow up to Congress’ recent action to carve out TRICARE network agreements from OFCCP’s jurisdictional reach.  It was previously scheduled and then canceled by OFCCP, and will now be conducted on... READ MORE

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New EEOC Age Discrimination Rule on “Reasonable Factors Other Than Age” – Effective April 30

[04/13/12]

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

Written by: Stephen W. Lyman

On March 30, 2012, the EEOC published its final rule providing guidance on the applicability of an important employer defense to claims of disparate impact under the Age Discrimination in Employment Act (“ADEA”).   The ADEA prohibits employment discrimination against people who are 40 years of age or older.  The rule applies to private employers... READ MORE

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Employee who fails to return from FMLA can be fired, but …

[04/10/12]

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

Written by: Stephen W. Lyman

Employers frustrated by employees who fail to report to work after their FMLA benefits have expired may be in luck!  Earlier this year, the U.S. District Court for the District of Maryland held that an employer may terminate an employee who fails to report to work on his return-to-work date. READ MORE

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Indiana Criminal History Information – A New Restriction for Indiana Employers

[03/28/12]

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

Written by: Stephen W. Lyman

Last year a new Indiana law [I. C. 35-38-8-7] went into effect that allows persons convicted of non-violent misdemeanors and certain felonies to petition a court to restrict access to the records and, if the court grants the petition to, according to the law, “legally state on applications for employment and any other document... READ MORE

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OFCCP Cancels TRICARE Webinar

[03/27/12]

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

Written by: Jonathan C. Bumgarner

Last week, we informed you of an OFCCP sponsored webinar originally scheduled for today, March 27.  According to OFCCP, the webinar would address how affirmative action compliance audits of TRICARE network providers would be handled in the wake of Congress’ decision to carve out TRICARE network providers from OFCCP’s jurisdiction.  Unfortunately, OFCCP canceled the webinar and has... READ MORE

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