The U.S. Supreme Court has ruled unanimously that employers may be subject to liability in discrimination cases even if the ultimate decision-maker was not biased toward the employee. Staub v. Proctor Hospital, No. 09-400 (March 1, 2011). In this case, Vincent Staub filed a lawsuit against Proctor Hospital after he was discharged from his
Kansas City Nurses Leave Union After Contested Election
Fifteen months after nurses at Lee’s Summit Medical Center voted 68 – 59 to decertify the National Nurses Organizing Committee (“NNOC”), the NNOC has announced it will withdraw as the unit’s bargaining agent. The NNOC’s decision to withdraw came days before the second certification election was scheduled to be held. Approximately 130 nurses would have
Two Bills Introduced In Nebraska to Limit Use of Credit Checks
Like other employers trying to make careful hiring decisions, health care employers often make pre-hire inquires regarding applicant credit histories and base hiring decisions, in part, on credit reports obtained. In a growing trend, many states have proposed legislation prohibiting or substantially limiting the practice. Nebraska recently introduced two bills to limit the use of
MEDICAL RESIDENTS ARE SUBJECT TO FICA TAXES
The U.S. Supreme Court recently addressed medical residents are “students” exempt from FICA taxes under 26 USC § 3121(b)(10). In a unanimous decision, dated January 11, 2011, the Court ruled that medical residents are employees rather than students and, therefore, are subject to FICA taxes. See Mayo Found. for Med. Educ. & Research v.
Labor Board Considering Change to Long-Term Care Bargaining Units to Promote Unionization
In a move seen to make union organizing easier, the National Labor Relations Board has signaled it may be changing its standards for long-term healthcare bargaining units so that narrow groups of nursing and assisted living facility employees can be approved for NLRB elections and collective bargaining. It has invited interested parties to file amicus
Court Holds No Private Right of Action in “Church Amendment,” Dismisses Nurse’s Claim Against Hospital
The Church Amendment (42 U.S.C. §300a-7(c)) provides that no entity receiving federal funding may discriminate in the employment of any physician or health care personnel because he or she performed or refused to perform a lawful sterilization procedure or abortion. An Operating Room Nurse filed suit against a New York hospital arguing that the hospital
NNU Negotiates Short Staffing Penalty Clause
On December 1, 2010, NNU’s affiliate, the Michigan Nurses Association (MNA) ratified a new collective bargaining agreement with Sparrow Hospital in Lansing calling for penalties of up to $1,200 in cases where the Hospital fails to rectify a staffing shortage. The Union claims that this new staffing language is “second to none.”
Economic terms of
New Rule on Physician Supervision Requirements
Responding to healthcare providers’ concerns about the need for more flexibility in the direct supervision of hospital outpatient services, the Centers for Medicare & Medicaid Services (CMS) issued a final rule to update policies concerning physician supervision requirements for hospital outpatient services. The 2011 Outpatient Prospective Payment System (OPPS) Final Rule became effective January 1
Illinois Spotlights Credit Checks By Employers
The use of credit checks by employers as an employment selection criterion is under scrutiny both federally and at the state level. The U.S. Equal Employment Opportunity Commission, on October 20, 2010, met to review potential policy implications of employers’ use of such credit checks. The agency has already brought a legal challenge to the
Eavesdropping And Mitigating Risk
In McCann v. Iroquois Mem. Hosp., No. 08-3420 (7th Cir. September 12, 2010), the Seventh Circuit Court of Appeals addressed Plaintiffs’ allegations that the Hospital, its Board and CEO violated the Federal Wiretap Act, 18 U.S.C. § 2511, 2520, and various state laws. According to the Hospital, a doctor inadvertently left his dictation