Ten states filed a lawsuit challenging CMS’ Interim Final Rule (IFR) requiring COVID-19 vaccination amongst a wide range of staff working at Medicare- and Medicaid-certified providers and suppliers. The U.S. District Court for the Eastern District of Missouri granted the states’ request for a preliminary injunction, pending a trial on the merits of the claims,
Podcast: Enforceability of Physician Non-Compete Agreements
Non-compete covenants in physician employment and shareholder agreements are common practice. Whether they are legally enforceable as drafted varies from state to state. In this podcast, Jackson Lewis attorneys explore how hospital systems and medical groups can protect their goodwill and legitimate business interests.
Attendance is Essential Function under ADA for PICC Nurse
Click here for the full post which appeared on Jackson Lewis’ Disability, Leave & Health Management Blog.
No Race Discrimination in Termination for Circulating E-mail Critical of President, Federal Court Finds
A white nurse failed to establish that her termination for circulating an e-mail critical of President Obama occurred because of her race, a federal appeals court has found, affirming summary judgment for the employer. DeCarolis v. Presbyterian Medical Center of the Univ. of Pennsylvania Health System, d/b/a Penn Presbyterian Med. Ctr., No. 12-3647 (3
National Labor Relations Board Revives Election Rules Amendment
Click here for the full post which appeared yesterday on Jackson Lewis’ Labor & Collective Bargaining blog.
Employer’s Policy Accommodating Only Work-Related Lifting Restrictions Could Be Pretext for Pregnancy Discrimination, Court Finds
A nursing home’s policy of accommodating only restrictions from work-related incidents could be pretext for pregnancy discrimination, a federal appeals court ruled, reversing summary judgment in favor of the nursing home. Jennifer Latowski v. Northwoods Nursing Center, No. 12-2408 (6th Cir. Dec. 23, 2013).
After learning that a nursing assistant was pregnant, the nursing
Inability to Perform Essential Job Functions after FMLA Leave Sinks LPN’s Disability Discrimination, FMLA Claims
A senior living facility lawfully terminated an LPN when, following knee replacement surgery and the expiration of her FMLA leave, she could no longer perform the essential functions of her job, a federal district court has found.
Continue Reading Inability to Perform Essential Job Functions after FMLA Leave Sinks LPN’s Disability Discrimination, FMLA Claims
Hospital Commits Unfair Labor Practice by Unilaterally Changing Dress Policy and Failing to Respond to Union’s Information Request
A hospital violated the National Labor Relations Act when it changed its dress policy without first giving the union representing its nurses an opportunity to bargain and by failing to provide information the union requested regarding the policy, a National Labor Relations Board administrative law judge has found in Salem Hospital Corporation a/k/a The Memorial Hospital of Salem County, Case No. 04-CA-097635 (Sept. 10, 2013).
Continue Reading Hospital Commits Unfair Labor Practice by Unilaterally Changing Dress Policy and Failing to Respond to Union’s Information Request
EMTALA Does Not Prohibit Discontinuing Physician’s Services After Complaining About Overcrowded Emergency Room
A hospital lawfully discontinued the services of a physician who complained about overcrowded emergency room conditions, a federal appeals court found in Genova v. Banner Health; et al., No. 12-1314 (10th Cir. August 20, 2013), rejecting the physician’s claims that the hospital and its administrator violated the federal Emergency Medical Treatment and Active Labor Act (“EMTALA”) and Colorado state law by discontinuing his services.
Continue Reading EMTALA Does Not Prohibit Discontinuing Physician’s Services After Complaining About Overcrowded Emergency Room
Hospital Worker Fails To Show That Termination For HIPAA Violation Was Discriminatory
A hospital lawfully terminated an employee for improperly accessing a co-worker’s lab results and refusing to admit to doing so, a federal district court in Mississippi has found in Cosby v. Vicksburg Healthcare, LLC D/B/A River Region Medical Center, et al., No. 5:11cv159-KS-MTP (S.D. Miss. May 16, 2013), rejecting the former employee’s claim of