Employment matters in the health care industry once again prompted significant attention from federal and state governments in 2023. While much of our 2022 Year in Review discussed how states were beginning to address...more
2/29/2024
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employees ,
Employer Mandates ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Investigations ,
Labor Shortage ,
Minimum Wage ,
Nurses ,
OSHA ,
Physical Abuse ,
State Legislatures ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
K&L Gates partners Dominic Fleeton, Dylan G. Moses, and David C. Lindsay compare and contrast the approaches to regulating and enforcing the management of psychosocial risks and hazards in Australia, the United Kingdom, and...more
Health care employment law was once again a critical focus for many legislative bodies in 2022. While much of our 2021 Year in Review focused on how states addressed the COVID-19 pandemic itself, most notably with respect to...more
2/21/2023
/ Coronavirus/COVID-19 ,
Employees ,
Equal Employment Opportunity Commission (EEOC) ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Nurse Practitioners ,
Pay Data ,
Physicians ,
Popular ,
Reasonable Accommodation ,
Religious Accommodation ,
Staffing Agencies ,
Telehealth ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
The Department of Labor (DOL) recently announced that the Occupational Safety and Health Administration (OSHA) has issued new enforcement guidance expanding its authority to issue instance-by-instance (IBI) citations for...more
The Federal Trade Commission (FTC) has kicked off 2023 by unveiling a Notice of Proposed Rulemaking (Proposed Rule) that would ban companies from entering into noncompete agreements with their workers and render void all...more
Congress has passed a transformative bill inspired by the #MeToo movement that would allow employees to avoid enforcement of pre-dispute arbitration agreements in workplace sexual assault or harassment claims. The bill, which...more
Health care-related employment laws became a prevalent topic in 2021—the year of the COVID-19 vaccination mandates. States and the federal government continued to adopt differing approaches on mandates affecting different...more
On 10 June 2021, after months of anticipation by workers and the business community, the Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard1 (COVID ETS) with significant implications...more
Introduction - On 11 September 2020, the Department of Labor (DOL) issued new regulations (Revised Regulations) for the Families First Coronavirus Response Act (FFCRA) in response to a New York federal court decision that...more
For essential industries and healthcare facilities that remained in operation during the COVID-19 pandemic as well as the various nonessential businesses that are now reopening across the country, the question of liability...more
2018 brought developments in employment law issues that have particular relevance to the health care industry. These include continuing developments regarding employee resistance to vaccination mandates, increased...more
2/5/2019
/ Anti-Harassment Policies ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Health Care Providers ,
NLRB ,
OSHA ,
Sexual Harassment ,
Vaccinations ,
Wage and Hour ,
Workplace Violence
On January 25, 2019, the Occupational Safety and Health Administration (“OSHA”) issued a final rule rescinding controversial requirements from the 2016 Rule to Improve Tracking of Workplace Injuries and Illnesses (the “2016...more
Introduction - The Equal Employment Opportunity Commission (“EEOC”) has released its Preliminary Fiscal Year 2018 Sexual Harassment Data (“Preliminary Data”), showing a significant increase in workplace harassment lawsuits....more
In this podcast, David Lindsay discusses the Supreme Court's recent decision in Encino Motor Cars v. Navarro et al., finding that auto service advisers are exempt employees and not covered by the overtime pay requirements of...more
5/4/2018
/ Appeals ,
Automotive Industry ,
Car Dealerships ,
Congressional Intent ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Legislative History ,
Navarro v Encino Motorcars ,
Over-Time ,
Reversal ,
Salespersons ,
SCOTUS ,
Service Advisors ,
Statutory Construction Test ,
Wage and Hour
On March 30, 2017, the North Carolina legislature repealed what has been known as the “Bathroom Bill” or H.B. 2, a law passed in March of 2016 that, among other things, required individuals to use the public bathroom that...more
In a surprising eleventh-hour decision, a federal district judge in Texas issued a nationwide preliminary injunction yesterday, blocking implementation and enforcement of an overtime rule change recently adopted by the...more
Employers in the U.S. healthcare industry should act now to address recent changes to the overtime exemptions for “white-collar” employees. On May 18, 2016, the U.S. Department of Labor (DOL) published its highly anticipated...more
The recent enactment of North Carolina’s H.B. 2, known as the “Public Facilities Privacy & Security Act” (the “Act”) has received widespread attention for its controversial restrictions on the use of certain...more
The North Carolina Supreme Court (the “Supreme Court”) recently reiterated that North Carolina courts may not revise overly broad restrictions in noncompetition agreements, overturning a Court of Appeals decision that had...more
In a pair of welcomed decisions for third-party employers in the home care industry, Judge Richard J. Leon of the D.C. Federal District Court vacated major provisions of the U.S. Department of Labor’s (DOL) Home Care Final...more
The United States Department of Labor issued a rule last month limiting the ability of home health care employers to claim the companionship exemption for their employees under the Fair Labor Standards Act, which is likely to...more