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
Policies
SEIU Opposition to Mandatory Flu Shots for Healthcare Workers Adds Challenge to Vaccination Programs
A resolution adopted by the Nurse Alliance Leadership Council of SEIU Healthcare opposing mandatory flu vaccine and masking policies may add another challenge to healthcare employers seeking to implement such requirements.
Continue Reading SEIU Opposition to Mandatory Flu Shots for Healthcare Workers Adds Challenge to Vaccination Programs
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…
Obamacare Imposes New Compliance Program Requirements for Nursing Facilities
By Michael R. Bertoncini on
Posted in Long Term Care, Policies
Under the Patient Protection and Affordable Care Act of 2010 (PPACA), also known as Obamacare, all nursing facilities and skilled nursing facilities must have a compliance and ethics program that contains certain statutorily-required elements by March 23, 2013. The program must be effective in preventing and detecting criminal, civil, and administrative violations under PPACA and…
Monitoring and Accessing Social Networking Content–New Jersey District Court Weighs In Again
For an interesting reminder about the potential pitfalls of investigating employees through social media, please click here to go to the Jackson Lewis Workplace Pirvacy Blog to read about Ehling v. Monmouth-Ocean Hospital Service Corp.
LITIGATION AVOIDANCE:
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For insights regarding litigation avoidance from our very own blogger, Ana Shields, check out this link on Resource Nation: http://www.resourcenation.com/blog/email-interview-with-jacksonlewis-com/34965/
Legal Risks Stemming From Occupational Health Nurses and On-site Health Clinics
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Posted in Policies
Employers with health professionals on-site to provide medical services to employees should be aware of a wide range of issues including workplace safety, disability & leave management, privacy, etc. Jackson Lewis has prepared a white paper to aid employers in spotting these issues. We hope you find it helpful and easy to read.
Court Holds No Private Right of Action in “Church Amendment,” Dismisses Nurse’s Claim Against Hospital
By Ana C. Shields on
Posted in Policies
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…