The National Labor Relations Board has proposed rule changes that would significantly reduce the time between the date the union requests an election and the date the NLRB conducts the election. These changes, if implemented, would dramatically affect an employer’s ability to communicate with its employees before an NLRB election, and would give unions a
In-House Physician’s Disclosure of Employee Medical Information to Management Violates ADA, Court Rules
On-site health clinics, occupational health clinics, and in-house physicians can be attractive options for businesses that take a comprehensive approach to disability and leave management. However, as one federal district court makes clear, employers need to be mindful of the workplace law risks. This case involves one of those risks – the ADA and its
WASHINGTON MANDATES PROTECTION FOR HEALTHCARE WORKERS HANDLING CHEMOTHERAPY DRUGS
Washington has become the first state in the nation to require protection for healthcare workers who handle, administer and dispose of chemotherapy drugs.
This new law addresses concerns raised both by OSHA and NIOSH, which recommend that precautions be taken when handling these drugs. OSHA calls for development and implementation of a “Hazardous Drug Safety
U.S. Supreme Court Declines to Review Nurses’ FLSA Claim, Negotiated Pay Rate Arrangement Stands
The U.S. Court of Appeals for the Ninth Circuit in 2009 dismissed a registered nurse’s claim that a California hospital violated the Fair Labor Standard Act’s overtime provisions when it used different base hourly rates to calculate regular rates of pay depending on whether RNs chose to work an 8-hour or 12-hour shift. Thus, the
OIG Calls for More HIPAA Audits
This is an important development for health care employers, as well as those companies tied to the health care industry. A government report issued this week says HIPAA enforcement is not sufficient to protect electronic protected health information and recommends more audits. The result may be more “compliance reviews,” audits, for covered entities and business
NLRB Issues Complaint Against California Nurses Association For Interfering with Employees’ Rights and For Failing to Bargain
On April 29th the National Labor Relations Board (NLRB) issued a complaint against the California Nurses Association (CNA) for interfering with and coercing employees in their right not to engage in union activity, as well as for altering employees’ terms and conditions of employment without the employer’s agreement or consent. After negotiating a contract
Rule 23(f)’s Fourteen Day Window Is “Rigid And Inflexible” Court Tells RNs.
On May 3, 2011, the Second Circuit rejected an appeal by a group of Registered Nurses (“RNs”) of the partial denial of their motion for class certification. In a case pending since 2006, the RNs contend that certain hospitals in the Albany-Schenectady-Troy metropolitan area conspired to depress salaries in violation of the Sherman Antitrust Act
Summer Internships Are Not Free Labor
Thought some of you may be interested in the article at the following link:
ADA Violated When Employer Responds to State Subpoena and Discloses Former Employee’s Medical Records
Here is a link to an article posted on the Jackson Lewis Workplace Privacy Blog that may interest healthcare employers.
Minnesota Plaintiffs Granted Additional Time To Commence Suit Against Employers
In one of the last decisions of 2010, a Minnesota federal judge issued an opinion that flipped on its head the statutory time limitations imposed upon an individual’s right to sue under the Minnesota Human Rights Act (“MHRA”), greatly eroding an employer’s ability to determine predict when the threat of litigation is over. The MHRA