Healthcare employers may be interested in a recent post on the Jackson Lewis LLP Benefits Law Advisor addressing the one year delay in ACA employer reporting requirements. Click here for more information.
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NLRB’s Division of Advice Finds Employee’s Facebook Comments Unprotected
By Jackson Lewis P.C. on
Posted in Labor
The NLRB’s Division of Advice found in Tasker Healthcare Grp. d/b/a Skinsmart Dermatology (4-CA-94222, 5/8/2013) that an employer did not violate the NLRA when it discharged the charging party for critical or derogatory comments made about her employer and supervisors during a Facebook conversation with other employees. According to the NLRB memorandum, the charging party’s…
NLRB Defers to Arbitration Award Denying Backpay, Declines Request to Revisit Precedent
By Jackson Lewis P.C. on
Posted in Uncategorized
The NLRB Acting General Counsel’s latest effort to limit the effect of arbitration awards, even though they may be acceptable to the charged party against whom related unfair labor practice charges are pending before the agency (often the employer), has come up short.
The NLRB Acting General Counsel’s 2011 “Guideline Memorandum Concerning Deferral to Arbitral…
NLRB’s Division of Advice Spells Out Lawful Investigation Rules and Addresses Questions Raised By Banner Health System
By Jackson Lewis P.C. on
Posted in Uncategorized
Healthcare employers may be interested in a recent post on the Jackson Lewis LLP Workplace Resource Center addressing lawful investigation rules. Click here for more information.
Pre-Suit ADA Requirements Not Satisfied by Nurse’s Assistant’s Initial EEOC Charge, Intake Questionnaire, or Amended Charge
By Jackson Lewis P.C. on
Posted in Disability & Leave Management
A certified nurse’s assistant cannot pursue a disability discrimination claim under the Americans with Disabilities Act because she failed to exhaust her administrative remedies, the U.S. District Court for the Eastern District of Tennessee ruled in Davenport v. Asbury Inc., No. 3:12-CV-00445 (E.D. Tenn. Mar. 29, 2013).
Under the ADA, a claimant must file a…
NLRB Recess Appointment Question to be Appealed to U.S. Supreme Court
By Jackson Lewis P.C. on
Posted in Labor
The National Labor Relations Board announced on March 12, 2013, that it will not seek en banc rehearing of Noel Canning v. NLRB et al., Nos. 12-1115 and 12-1153 (D.C. Cir. Jan. 25, 2013), in which the U.S. Court of Appeals for the District of Columbia Circuit held that the President’s January 4, 2012 recess…
Ruling in Noel Canning Leaves Unanswered Questions For Internal Investigations In Healthcare Industry
By Jackson Lewis P.C. on
The U.S. Court of Appeals for the District of Columbia Circuit has ruled in Noel Canning v. NLRB et al., Nos. 12-1115 and 12-1153 (D.C. Cir. Jan. 25, 2013), that President Obama’s “Recess Appointments” of three new NLRB members in January 2012 were unconstitutional and, as a result, the Board lacked any constitutional authority to…