Those with staff and workplaces impacted by Hurricane Sandy may wish to take a look at an article by Jackson Lewis attorneys posted on SHRM-LI’s website which identifies and summarizes employer obligations in the aftermath of a natural disaster available at the following link: http://shrmli.org/jl-legal-updates/.
Ruling on Government Contractors and TRICARE Leaves Unanswered Questions for Healthcare Industry
The Office of Federal Contract Compliance Programs does not have jurisdiction over a Florida hospital providing medical services on behalf of a federal contractor servicing Department of Defense TRICARE beneficiaries, the Department of Labor’s Administrative Review Board (ARB) has decided. OFCCP v. Florida Hospital of Orlando, ARB No. 11-011, ALJ No. 2009-OFC-002 (ARB Oct.
Employer’s Suggestion To Employees To Avoid Discussing Internal Investigations Violates Labor Law, NLRB Finds
The commonplace employer practice of asking employees to refrain from discussing internal investigations with co-workers has come under attack from the National Labor Relations Board. In Banner Health Sys. d/b/a Banner Estrella Med., Ctr., 358 N.L.R.B. No. 93, 7/30/12, the National Labor Relations Board (“NLRB”) held in a 2 to 1 decision that employees&rsquo
Regular Attendance is Essential Function of ICU Nurse Post; Request for Unlimited Absences Unreasonable
Healthcare employers – we thought you may be interested in this 9th Circuit decision addressing the request of an ICU neo-natal nurse to “opt-out” of the employer’s unplanned absence policy as an accommodation. A summary of the opinion is available on Jackson Lewis’ Disability, Leave and Health Management blog at http://www.disabilityleavelaw.com/.
HIPAA Audits to Begin Early 2012
The Office of Civil Rights (OCR) recently launched a HIPAA compliance audit program with 150 on-site audits scheduled to begin in February 2012. Covered entities and business associates need to be prepared and take stock of their HIPAA compliance. For more information see the following link to Jackson Lewis’ privacy blog:
Breaking News: NLRB Posting Rule Postponed
The National Labor Relations Board has just announced it has postponed the effective date of its new rule mandating the workplace posting of an official Notice of Employee Rights under the National Labor Relations Act. The rule had been scheduled to go into effect on November 14th. Now, the rule will be effective on January
DISTRICT COURT DENIES NURSES’ BID FOR COLLECTIVE ACTION ON ALLEGED MEAL BREAK VIOLATIONS
A group of nurses and nurses’ assistants alleging that their employer, a health care system, violated the Fair Labor Standards Act by failing to compensate them for interrupted meal periods filed a collective action in behalf of themselves and other similarly situated employees. Usually, at the early, “notice” stage a court only requires a preliminary
NLRB FINDS HOSPITAL BAN ON CAMERAS PERMISSIBLE
The NLRB has upheld a hospital’s ban on the use of cameras for photographing patients, equipment, property or facilities. It said the ban did not violate the right of employees to engage in union or protected concerted activity. The NLRB in the 2-1 decision reasoned that the ban did not expressly restrict union or other
NEW NLRB STANDARD TO PERMIT SINGLE JOB CLASSIFICATION BARGAINING (“VOTING”) UNITS IN NON-ACUTE CARE HEALTHCARE FACILITIES
On August 30 the National Labor Relations Board (NLRB) issued the long-awaited decision in Specialty Healthcare & Rehabilitation Center of Mobile, in which it announced a new standard for determining what constitutes an appropriate bargaining unit in non-acute health care facilities.
The union in Specialty Healthcare sought to represent a unit consisting only of Certified Nursing
New NLRB Posting Requirement Effective November 14
The NLRB has advised the public that all employers covered by the National Labor Relations Act (generally all private sector employers) will be required to post a notification of employees’ rights by November 14, 2011. The Board’s August 25th press release, which contains links to the Final Rule and additional information, is reprinted below.