Ellen Shadur Gross

Ellen Shadur Gross

BakerHostetler

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Massachusetts Nurses Association Battles Hospital Over Influenza Vaccine

On September 22, 2014, the Massachusetts Nurses Association (MNA) filed a complaint in Massachusetts Superior Court seeking an injunction against implementation of a new mandatory influenza vaccination policy by Brigham &...more

10/7/2014 - Adverse Employment Action Employment Policies Health Care Providers Healthcare Hospitals Injunctions Nurses Popular Vaccinations

Rules of the Road Change for Government Contractors

On July 31, 2014, with a stroke of his pen, President Obama promulgated new rules targeting government contractors who commit “serious,” “repeated,” “willful” and “pervasive” violations of laws regulating the workplace. The...more

8/8/2014 - Barack Obama Employee Rights Employer Liability Issues Executive Orders Fair Pay and Safe Workplaces Federal Contractors NLRA NLRB

NLRB to McDonald’s: Not Lovin’ It

In a breathtaking announcement issued on July 29, 2014, the Office of the General Counsel of the National Labor Relations Board has authorized the issuance of complaints against McDonald’s USC, LLC in at least 43 unfair labor...more

8/1/2014 - Employee Rights Employer Liability Issues Franchises McDonalds NLRA NLRB Unions Wages

Unlawful Policy = Unlawful Termination? The NLRB’s Latest Pronouncement

The NLRB recently issued its decision in Flex Frac Logistics, LLC, Case 16-CA-02978, which the NLRB had remanded to the administrative law judge (“ALJ”) for further analysis after finding that the employer maintained an...more

6/5/2014 - Administrative Hearings Confidential Information Disclosure Employer Liability Issues Employment Policies Hiring & Firing NLRB Oil & Gas Termination

TRICARE: DOL Announces 5-Year Moratorium on Affirmative Action Compliance Audits

Previous Health Law Updates reported on the efforts of the U.S. Department of Labor (DOL) to apply equal employment opportunity mandates to providers that subcontract to provide healthcare services for TRICARE beneficiaries....more

5/20/2014 - Affirmative Action Audits DOL EEOC Enforcement Healthcare Moratorium OFCCP Subcontractors TRICARE

Northwestern Football Players and Academic Medical Centers: The Other Shoe Has Dropped

In a move that has surprised many, but not all, National Labor Relations Board (NLRB)-watchers and collegiate football fans, Chicago-area NLRB regional director Peter Sung Ohr has determined that Northwestern University...more

4/7/2014 - Athletics Grants-in-Aid Bargaining Units College Athletes Colleges Football NLRB School Sports Sports Unions

Regional Director to Northwestern Football Players: Go Forth and Vote!

In a move that has surprised many, but not all, NLRB-watchers and collegiate football fans, Chicago-area NLRB Regional Director Peter Sung Ohr has determined that Northwestern University football players who receive...more

3/28/2014 - Athletes College Athletes NLRB Unions

That Persnickety and Persistent NLRB

As has been reported in previous editions of the Health Law Update, National Labor Relations Board (NLRB)-watching now is a required activity for all employers—union and nonunion alike. On February 25, 2014, NLRB General...more

3/12/2014 - Employer Liability Issues Enforcement Actions NLRB Unfair Labor Practices

Academic Medical Centers: Musings on the Lives of College Football Players and Hospital House Staff

It has been said that there is a fine line between genius and insanity – both are marked by their ability to see connections where others see only differences. The recent filing of a representation petition on behalf of...more

2/13/2014 - Bargaining Units Colleges Healthcare Hospitals NLRB Unions Universities

Take Two Aspirin and Call Me in the Morning: Avoiding Labor Relations Headaches With ACOs

The Accountable Care Organization (ACO) offers the promise of shared savings when the ACO delivers high-quality healthcare more cost effectively. Without question, ACOs will change the way healthcare providers do business....more

1/27/2014 - ACOs Healthcare Healthcare Professionals Labor Disputes Unions

NLRB's Heavy Hand Against Wal-Mart Has Implications for Healthcare Providers

On November 19, 2013, the National Labor Relations Board (NLRB) announced that its general counsel has authorized the issuance of multiple complaints against Wal-Mart Stores, Inc. (Wal-Mart) over a variety of statements made...more

12/18/2013 - Black Friday Healthcare Healthcare Professionals NLRB Wal-Mart

DOL Continues Effort to Subject TRICARE Providers to Federal Equal Employment Opportunity Audits

Previously, we reported how the U.S. District Court for the District of Columbia found in UPMC Braddock v. Harris that providers of healthcare services are subject to federal equal employment opportunity mandates applicable...more

10/22/2013 - Audits Compliance Contractors DOL EEO Healthcare Subcontractors TRICARE

A Tale of Two Interns: The Challenges of Unpaid Internships

As the number of unpaid interns at healthcare facilities continues to grow, two recent decisions issued by the U.S. District Court for the Southern District of New York involving claims brought by putative classes of unpaid...more

7/1/2013 - Class Action DOL FLSA Fox Searchlight Pictures Minimum Wage Unpaid Interns Wages

District Court Sides With DOL in Dispute Over Whether Healthcare Providers Are Government Contractors

In a significant victory for the U.S. Department of Labor (DOL), the U.S. District Court for the District of Columbia recently found providers of healthcare services are subject to federal equal employment opportunity...more

4/24/2013 - Affirmative Action Contractors Discrimination DOL EEOC Healthcare Hospitals OFCCP Subcontractors

SEIU Strikes at Providence St. Peter: Unions and Employers Jockey for Position in Advance of Key Affordable Care Act Changes

Recently, employees represented by the Service Employees International Union (SEIU) went on strike at Providence St. Peter Hospital (P.S.P. Hospital) in Olympia, Washington. According to information released by SEIU, the...more

3/26/2013 - Affordable Care Act Collective Bargaining Healthcare Hospitals NLRA SEIU Strike Unions

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