Articles and Blogs

HR Insights for Health Care

Hostile Work Environments Can Be Created by Patients and Other Third Parties, Too

[07/24/18]

Posted on July 24, 2018 in HR Insights for Health Care

Published by: Hall Render

A recent federal appeals court decision reminds us that employees can bring sexual harassment claims based on the conduct of non-employees, including patients. A recent decision by the U.S. Court of Appeals for the Fifth Circuit reminds us of that risk. The Facts and Allegations In Gardner v. CLC of Pascagoula, LLC, a nursing... READ MORE

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Health Care Industry Still Being Targeted in Class/Collective Action Wage and Hour Litigation

[07/12/18]

Posted on July 12, 2018 in HR Insights for Health Care

Published by: Hall Render

A multi-facility health care employer, with subsidiary facilities in Pennsylvania and New Jersey, has been named in a class/collective action lawsuit filed in Pennsylvania federal court for allegedly failing to pay its employees adequate overtime under both federal and state wage and hour laws. Plaintiff’s Allegations The plaintiff, a non-exempt (i.e., hourly) medical lab... READ MORE

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#MeToo – EEOC Launches a Multi-Pronged Enforcement Campaign Against Seven Employers Around the Country

[06/29/18]

Posted on June 29, 2018 in HR Insights for Health Care

Published by: Hall Render

As pointed out in prior blog posts—see, for example, this post from 2017 and this 2018 blog post—with the recent #MeToo movement and the sexual harassment allegations that continue to garner media coverage on a national platform, employers across the country should be taking proactive steps to curb sexual harassment and incivility in the... READ MORE

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Is a Student Loan Repayment Plan in Your Organization’s Future?

[06/20/18]

Posted on June 20, 2018 in HR Insights for Health Care

Published by: Hall Render

Employers increasingly understand millennials are graduating from college with heavy debt loads from student loans. The Pew Research Center reported last August that 37 percent of adults under the age of 30 have student loan debt. For young adults with a bachelor’s degree or greater, the portion with outstanding student loans rises to 53 percent.... READ MORE

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NLRB General Counsel Issues New Memo on Handbook Rules

[06/13/18]

Posted on June 13, 2018 in HR Insights for Health Care

Published by: Hall Render

For years, we have reported on the multitude of decisions from the Board striking down employer handbook rules. Many of these decisions were based on a standard set forth in the Lutheran Heritage case, which provided, in part, that a rule or policy maintained by an employer is unlawful if “employees would reasonably construe... READ MORE

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OFCCP Extends and Expands TRICARE Enforcement Moratorium

[05/31/18]

Posted on May 31, 2018 in HR Insights for Health Care

Published by: Hall Render

In happy news for the health care industry, OFCCP recently announced a two-year extension of its TRICARE enforcement moratorium. The agency’s self-initiated enforcement moratorium, which has been in effect for four years, is now scheduled to expire on May 7, 2021. OFCCP also expanded the scope of the moratorium to apply to providers under the... READ MORE

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SCOTUS Enforces Arbitration Agreements: Class and Collective Action Waivers

[05/24/18]

Posted on May 24, 2018 in HR Insights for Health Care

Published by: Hall Render

In a 5 to 4 opinion split down ideological lines, the Supreme Court ruled that class and collective action waivers contained in employment arbitration agreements do not violate the National Labor Relations Act (“NLRA”) and must be enforced. This is music to the ears of all employers, especially those that have been the target... READ MORE

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Michigan Hospitals and Employers May Now Face Discrimination Complaints Based on Gender Identity and Sexual Orientation

[05/22/18]

Posted on May 22, 2018 in Health Law News, HR Insights for Health Care

Published by: Hall Render

The Michigan Civil Rights Commission says it will now act on complaints made by patients, employees and others in Michigan who believe they were discriminated against on the basis of gender identity or sexual orientation. The Commission voted on Monday to consider such discrimination as a form of discrimination prohibited by the Elliott Larsen Civil... READ MORE

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Volunteers Are Really Volunteers!

[05/17/18]

Posted on May 17, 2018 in HR Insights for Health Care

Published by: Hall Render

A recent decision by the U.S. Court of Appeals for the Sixth Circuit held that volunteers, who do not expect compensation, are not employees under the Fair Labor Standards Act (“FLSA”). In the past, the Sixth Circuit has declined to employ such a bright line test. In Acosta v. Cathedral Buffet, Inc., a church... READ MORE

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When Can Health Care Employers Restrict Pro-Union Employee Badges?

[05/15/18]

Posted on May 15, 2018 in HR Insights for Health Care

Published by: Hall Render

The National Labor Relations Board (“NLRB”) recently had the opportunity to return to the subject of employer policies restricting nurses and other employees from wearing pro-union insignia in the workplace. The Rules The NLRB decision focused on two policies, which were challenged by their employees. The first policy, dealing with appropriate dress and grooming, applied to... READ MORE

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