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Labor & Employment Law

Employer’s “Honest Belief” Defense Remains Viable in Cases of Employee Misuse of FMLA Leave


Posted on February 20, 2017 in HR Insights for Health Care

Published by: Hall Render

Too often employers have reservations or concerns about employees’ misuse of FMLA leave and fail to act in response. A recent holding in a federal court case serves as a reminder to employers that if they have an “honest belief” that employee FMLA misuse has occurred, they may have a certain defense to retaliation... READ MORE

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EEOC Suit Highlights Risks of Disciplining Employees Who Refuse Flu Vaccination


Posted on September 28, 2016 in HR Insights for Health Care

Written by: Sevilla Rhoads

On Friday, September 23, 2016, the EEOC filed a lawsuit against a Pennsylvania health system for allegedly firing six employees who refused flu vaccines. The complaint brings Title VII claims for failure to accommodate sincerely held religious beliefs. Generally, Title VII of the Civil Rights Act of 1964 prohibits most employers from discriminating against employees on... READ MORE


EEOC Issues New Enforcement Guidance on Workplace Retaliation


Posted on September 26, 2016 in HR Insights for Health Care

Written by: Bruce M. Bagdady

Recently, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued New Enforcement Guidance on workplace retaliation (the “Guidance”). The Guidance was influenced by several Supreme Court decisions addressing retaliation under EEOC-enforced laws and a significant increase of retaliation claims found in EEOC charges. In addition to the Guidance, the EEOC issued a question-and-answer reference guide... READ MORE


Twenty-One States File Lawsuit Challenging New Wage and Hour Overtime Rules


Posted on September 20, 2016 in HR Insights for Health Care

Written by: Bruce M. Bagdady

On May 17, 2016, the U.S. Department of Labor (“DOL”) announced the details of its final rule under the Fair Labor Standards Act, establishing new salary thresholds for millions of traditionally exempt white collar employees effective December 1, 2016. These changes would significantly impact many employers’ budgets in the coming months.  The main points of the new... READ MORE


NLRB Finds More Handbook Rules Unlawfully Broad


Posted on August 31, 2016 in HR Insights for Health Care

Written by: Stephen W. Lyman

Since at least 2012, we have written about the NLRB’s focus on employer handbook policies that it considers to be unlawfully overbroad.  You can read about these past developments here.  Overbroad policies can have a chilling effect on employees’ right to engage in concerted activities for their mutual aid and protection.  The NLRB’s pronouncements... READ MORE


OSHA’s Final Rule on Reasonable Reporting of Workplace Injuries and Illnesses to Take Effect on November 1, 2016


Posted on August 30, 2016 in HR Insights for Health Care

Written by: Robin M. Sheridan

On May 12, 2016, the Occupational Safety and Health Administration (“OSHA”) issued a final rule (“Final Rule”) amending 29 C.F.R. § 1904.35 to improve tracking of workplace injuries and illnesses. The Final Rule seeks to increase the accuracy of reports by prohibiting retaliation and adverse action against employees that inappropriately deters or discourages employees from reporting... READ MORE


EEOC Revises Proposed Equal Pay Data Rule


Posted on July 18, 2016 in HR Insights for Health Care

Written by: Mark L. Sabey

As previously discussed here, the EEOC recently proposed collecting salary information and hours worked data as part of the Employer Information Report (“EEO-1”).  Following a comment period, the EEOC issued on July 14, 2016 an amended Equal Pay Data Rule proposal. The EEOC specified the W-2 box to be used for reporting, changed the... READ MORE


Temporary Staffing Agency Workers Now Eligible to Vote in Union Elections


Posted on July 12, 2016 in HR Insights for Health Care

Written by: Stephen W. Lyman

Overruling a precedent established in 2004, the National Labor Relations Board (“NLRB”) has ruled that workers supplied by temporary employment staffing agencies to other employers may be included in a bargaining unit with the employees who are employed only by the other employer.  Until this ruling, a union’s representation of the employees of the... READ MORE


Now Is a Good Time to Review Your Email Use Policies


Posted on May 16, 2016 in HR Insights for Health Care

Written by: Sevilla Rhoads

On May 3, 2016, an administrative law judge struck down an employer’s computer use policy as violating employees’ rights to engage in concerted activity. (CAESARS ENTERTAINMENT CORPORATION d/b/a RIO ALL-SUITES HOTEL AND CASINO and INTERNATIONAL UNION OF PAINTERS AND ALLIED TRADES, DISTRICT COUNCIL 15). This decision comes shortly after the National Labor Relations Board (“NLRB”)... READ MORE


Long-Term Care Facilities Face Compliance Deadline – Five Thing to Know About the Mandatory Payroll Based Journal Reporting


Posted on April 5, 2016 in HR Insights for Health Care

Published by: Hall Render

On Friday, March 18, 2016, CMS released a memo entitled “Payroll-Based Journal (PBJ) – Implementation of required electronic submission of Staffing Data for Long Term Care (LTC) Facilities.” The memo reminds LTC providers that the mandatory PBJ submission period begins July 1, 2016. The memo also contains information on how to register for PBJ reporting and... READ MORE