Those with staff and workplaces impacted by Hurricane Sandy may wish to take a look at an article by Jackson Lewis attorneys posted on SHRM-LI’s website which identifies and summarizes employer obligations in the aftermath of a natural disaster available at the following link: http://shrmli.org/jl-legal-updates/.

The Office of Federal Contract Compliance Programs does not have jurisdiction over a Florida hospital providing medical services on behalf of a federal contractor servicing Department of Defense TRICARE beneficiaries, the Department of Labor’s Administrative Review Board (ARB) has decided.  OFCCP v. Florida Hospital of Orlando, ARB No. 11-011, ALJ No. 2009-OFC-002 (ARB Oct. 19, 2012).  While the plurality decision is noteworthy, it is imperative to understand the decision does not resolve the issue of jurisdiction for the healthcare industry at large.  For details of the ruling, please see Ruling on Government Contractors and TRICARE Leaves Unanswered Questions.

Massachusetts’ new law prohibiting hospitals from requiring nurses who deliver patient care to work mandatory overtime will become effective this November 4, 2012.  Employers should take steps now to prepare for this change.  To read more about the new legislation, see Mandatory Overtime Bill For Hospital Nurses In Massachusetts Becomes Law.

The commonplace employer practice of asking employees to refrain from discussing internal investigations with co-workers has come under attack from the National Labor Relations Board.  In Banner Health Sys. d/b/a Banner Estrella Med., Ctr., 358 N.L.R.B. No. 93, 7/30/12, the National Labor Relations Board (“NLRB”) held in a 2 to 1 decision that employees’ rights under the National Labor Relations Act to engage in protected concerted activity outweighed an employer’s interest in safeguarding internal investigations.  According to the NLRB, suggestions from human resources personnel to employees to refrain from discussing internal complaints with co-workers thus constitute violations of Section 8(a)(1) of the Act.  The NLRB found fault with employers’ “blanket approach” in prohibiting discussion. This decision seems to leave open the possibility that an employer may instruct an employee to refrain from such discussion under specific circumstances, but the NLRB did not define those circumstances.  To avoid similar Board action, employers should consult with employment counsel about tailoring procedures for internal investigations and interviews.

OSHA recently announced a new enforcement program targeting nursing home and residential care facilities.  The program, effective a week-and-a-half ago, focuses OSHA compliance officers on inspecting nursing homes and assisted living facilities.  More info. is available on Jackson Lewis’ OSHA Law Blog at the following link: http://www.oshalawblog.com/

Healthcare employers – we thought you may be interested in this 9th Circuit decision addressing the request of an ICU neo-natal nurse to “opt-out” of the employer’s unplanned absence policy as an accommodation.   A summary of the opinion is available on Jackson Lewis’ Disability, Leave and Health Management blog at http://www.disabilityleavelaw.com/.

 

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. 

Click here to access the White Paper as published on Jackson Lewis’ Workplace Privacy blog: An Overview of Legal Considerations When Bringing Health Care “In-House”