Requiring flu vaccines is nothing new for healthcare employers. However, in light of COVID-19, there is a renewed emphasis and discussion concerning flu vaccines in the workplace. Healthcare employers are unique because often state or municipal laws regulate when a healthcare employer must require flu vaccinations, permissible exceptions and documentation requirements. These regulatory obligations are
Sarah R. Skubas
Sarah R. Skubas is a principal in the Hartford, Connecticut, office of Jackson Lewis P.C. Her practice is focused on employment litigation, preventive counseling and labor relations.
Court Vacates Parts of FFCRA Regulations, Including Healthcare Provider Definition
Healthcare employers who believed they were entirely exempt from the FFCRA’s obligations, including providing certain paid leave, based on the Department of Labor’s March regulations should revisit their position in light of a recent ruling from a New York federal court. Many healthcare providers believed they were entirely exempt from the FFCRA because of the…
Just Culture–What Is It and Can It Minimize Patient Harm and Promote a Positive Workplace Culture?
Healthcare employers, along with other high-risk industries, continually look for ways to minimize risk and to promote a positive work culture for employees. One approach is the implementation of a “just culture” framework.
In essence, “just culture” is a shared accountability methodology. In a “just culture” framework, both employers and employees are responsible for their…
Healthcare Whistleblowers Collecting Under The FCA Even Where There Are No Fraudulent Billings: What Is An Employer To Do?
The Department of Justice recently reported that the healthcare industry accounted for $2.5 billion of the $2.8 billion dollars it recovered in False Claims Act (FCA) cases in Fiscal Year 2018. Qui tam actions (FCA claims brought by private individuals on behalf of the government) allow whistleblowers to receive up to 30 percent of the…
Fifth Circuit Permits Employee Allegedly Harassed by Patient to Proceed to Trial
A recent Fifth Circuit decision reminds healthcare employers that liability not only stems from potential harassment of employees by coworkers, but by patients as well. In Gardner v. CLC of Pascagoula, L.L.C. dba Plaza Community Living Center, 2018 U.S. App. LEXIS 17939 (5th Cir. June 29, 2018), the Fifth Circuit held that Kymberli Gardner,…
November 2018 Ballot Question Seeks to Impose Registered Nurse-to-Patient Ratio Limits on Massachusetts Health Care Facilities
The Massachusetts Supreme Judicial Court (SJC), the state’s highest court, has held that an Initiative Petition (Initiative Petition 17-07) seeking to create a new law (“The Patient Safety Act”) that would dictate to hospitals and acute care units in state-operated health care facilities the number of patients that may be assigned to a registered nurse…
American Medical Association Adopts Resolution to Promote Pay Equity
The healthcare industry is following other industries with an increased focus and growing sense of alarm over the gender pay gap.
According to Doximity, in 2017, female physicians on average earned $105,000 (27.7%) less than male physicians. Similarly, a 2016 study published in The Journal of the American Medical Association reported that female academic physicians…
Why the Healthcare Industry Should Pay Particular Attention to Drug and Alcohol Issues in the Workplace
While all employers struggle with navigating the ever-changing landscape of drug and alcohol issues in the workplace, healthcare employers should pay particularly close attention.
According to the annual Quest Diagnostics Drug Testing Index, illicit drug use among U.S. employees continues to rise, resulting in the highest drug test positivity rates in the last 12…
Affirmative Action Training May Be Your Best Friend
Many hospitals and healthcare facilities are federal contractors. Jackson Lewis regularly provides specialized assistance in developing and implementing affirmative action plans (AAPs). Some of the specific services we offer include:
- Identifying pertinent labor market areas and analyzing census-related statistical data
- Providing sample plan texts, notices, letters and policy statements
- Preparing utilization and availability analyses
- Conducting
…
#TimesUp for the Healthcare Industry? Not If You Use the Frenzy to Make Meaningful Culture Change
As #MeToo and #TimesUp initiatives sweep the nation, the healthcare industry should pay attention.
Recent nationwide media attention on sexual harassment in healthcare, coupled with stressful work environments, means healthcare employers have their share of workplace issues. However, healthcare employers have a unique opportunity to make meaningful culture change happen now – both in the…