Articles and Blogs


Union Elections Continue at Acute Care Hospitals


Posted on June 26, 2020 in COVID-19 Daily Updates, HR Insights for Health Care

Published by: Hall Render

In the past few weeks, the National Labor Relations Board (“Board”) has issued several crucial decisions impacting union elections in the health care setting. At the close of April 2020, the Board declined to find that COVID-19 justified the stay of a union election at an acute care hospital. In its Order denying the... READ MORE

Tags: , ,

NLRB Issues New Joint Employer Rule: How Are Some Hospitals and Health Systems Impacted?


Posted on March 2, 2020 in Health Law News

Published by: Hall Render

On February 26, 2020, the National Labor Relations Board issued its final rule establishing the standard for determining whether two employers are joint employers under the Act (“New Rule”). History of Joint Employer Standard As explained by the NLRB, a joint employer finding has significant implications for rights and obligations under the NLRA relative... READ MORE

Tags: , , ,

NLRB Curtails “Quickie” Election Rules


Posted on January 2, 2020 in HR Insights for Health Care

Published by: Hall Render

We previously wrote about the “quickie” election rules here. On December 13, 2019, the NLRB released new election rules that significantly dialed back several previous amendments. Under the quickie election rules, or “Old Rules,” the median number of days from petition to election had decreased by a total of approximately 15 days.[1] Union Election... READ MORE

Tags: , ,

NLRB Advice Memo Recommends Restoring a Broader Definition of Picketing Under the NLRA


Posted on May 21, 2019 in HR Insights for Health Care

Published by: Hall Render

On May 14, the National Labor Relation’s Board (“Board”) Advice Division released an advice memorandum recommending that the Board reconsider three picketing cases decided during President Obama’s administration. The memo provides insight regarding how the General Counsel’s Office, and the Board, may interpret picketing activity in the near future. This advice could affect health... READ MORE

Tags: , , , , ,

A Mixed Bag on Joint Employment Rulings, but the Future Looks Promising (Part II of II)


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

Published by: Hall Render

As we noted in the prior article that we recently posted, there were two different franchisor/franchisee rulings issued this summer in the context of joint employment relationships. Recall that joint employment is an employment law theory that involves an employee who works for two separate companies—the joint employers—where both companies have the ability to control... READ MORE

Tags: , , ,

NLRB General Counsel Issues New Memo on Handbook Rules


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

Tags: , , , , ,

SCOTUS Enforces Arbitration Agreements: Class and Collective Action Waivers


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

Tags: , , , , , , ,

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


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

Tags: , ,

Sixth Circuit Agrees with NLRB that Employment Arbitration Clause Prohibiting Class Action Arbitrations Is Unenforceable


Posted on June 2, 2017 in Health Law News, HR Insights for Health Care

Published by: Hall Render

On May 26, 2017, the U.S. Court of Appeals for the Sixth Circuit issued a decision (NLRB v AEI) holding that an employment agreement provision requiring arbitration of employment disputes, but prohibiting class action or other multiple-employee arbitrations, is unlawful. The court upheld a National Labor Relations Board order striking down the provision. Employees were... READ MORE

Tags: , , ,

Federal Court Halts Enforcement of DOL “Persuader Rule”


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

Written by: Stephen W. Lyman

Back in April, Hall Render reported that the U.S. Department of Labor (“DOL”) published its so-called “Persuader Rule.” The DOL’s new rule has generated a heated outcry from employer groups and attorneys. Litigation followed and, on June 27, 2016, a federal district court in Texas issued a temporary nationwide injunction, preventing the DOL from enforcing the... READ MORE

Tags: ,