Labor & Employment Health

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.
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ALJ Nixes Hospital's Broad English-Only Rule Under NLRA

For years, the Equal Employment Opportunity Commission has cautioned employers against adopting strict English-only rules in the workplace. The EEOC considers such policies to constitute race and/or national origin...more

EEOC Issues Proposed Rule on Application of the ADA to Employer Wellness Programs

Proposed Rule Would Permit Incentives, Emphasize Confidentiality - WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) today published a Notice of Proposed Rulemaking (NPRM) describing how Title I of...more

Physician Non-Compete Agreements and Antitrust

Antitrust claims based on employee non-compete agreements generally fail because the plaintiff cannot establish antitrust standing. In the Eleventh Circuit, the test for antitrust standing requires the plaintiff show (1)...more

Hidden Camera Leads to Dismissal

An arbitrator recently upheld the termination of a “reliable and capable” Personal Support Worker (a “PSW”) with no prior disciplinary record, because of significant mistreatment of an individual she was responsible for, and...more

Ninth Circuit Calls Into Question “No Reemployment” Provisions In California Settlement Agreements

On April 8, 2015, in Golden v. California Emergency Physicians Medical Group, the Ninth Circuit Court of Appeals broadly interpreted California’s statutory provisions regarding restrictive covenants in the context of...more

The Many Levels of Supervision

Non-physician practitioners or physician extenders, as they are often called, are now common place in physicians' offices and have been for some time. They are an integral part of the private practice of medicine for the...more

3 tips on living with a disability budget

Social Security Disability benefits are only available to people who cannot perform gainful work. In 2015, people earning over $1,090 per month cannot receive SSD benefits, as any disability lawyer in Chicago can attest. ...more

SEC Blows the Whistle on Confidentiality Agreements

Thanks to a recent enforcement action brought by the U.S. Securities and Exchange Commission (SEC), it may be time to review and revise the confidentiality provisions in employment agreements, severance agreements, employee...more

New 'Golden Rule' Removes the Peace from Employer Settlement Agreements

Under California Business and Professions Code Section 16600 (“Section 16600”), “every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void.”...more

Disclosure of Germanwings Co-pilot’s Medical Information Raises Tricky Privacy Concerns

Recent reports surrounding Germanwings co-pilot Andreas Lubitz suggest that Lubitz told his doctors he was on sick leave (or was instructed by his doctors to be on sick leave), and concealed that he was still flying for the...more

IRS Clarifies That After-Tax HRAs and Other Individual Health Insurance Payment Arrangements Generally Violate the Affordable Care...

Any employer who offers an arrangement that reimburses employees (or pays directly) for premiums or other medical costs of individual health insurance coverage, including a health reimbursement account ("HRA") provided in...more

Airline Tragedy Prompts Renewed Discussion on Employment Inquiries into Mental Health

As the world reels in the wake of last month’s shocking crash of Germanwings Flight 9525 in France, many are questioning what, if anything, the airline should—or could—have done to prevent the tragedy. These questions...more

Employer's "No Re-Hire" Provision May Violate California's Non-Compete Laws

Pretty much everyone knows that California courts do not favor covenants not to compete. We even have our own state laws that address this very issue (Business & Professions Code section 16600). But what about provisions in...more

Meet the ACA’s Employer Mandate

After several delays, the Affordable Care Act’s "employer mandate" has begun to take effect. Under the mandate, employers with more than 50 fulltime employees (Large Employers) must offer affordable, minimum essential...more

NC Legislative Update for April 2015

This Week - In the midst of bill filing deadlines, some time was reserved for entertainment and fun this week on April fool’s Day. The NCGOP arguably won top honors, duping many across the state on social media when it...more

SC Public Policy Update - April 2015

What's New - The Senate had a very short week before adjourning on Wednesday for Easter Break. They will return on Tuesday, April 14th. The House of Representatives was out all week and will also return on April 14th....more

Monthly Benefits Alert - March 2015

Retirement Plans - IRS Modifies its Voluntary Retirement Plan Correction Procedures (EPCRS) - Under the IRS’s Employee Plans Compliance Resolution System (EPCRS), retirement plan sponsors may voluntarily request...more

Think Twice Before Disqualifying an Applicant Due to Criminal History

When hiring new employees, many factors are considered. This may include conducting a criminal background check. And, if a background check comes back showing a criminal history, employers may be tempted to simply throw that...more

Recent Federal Court Ruling: No ERISA Preemption of Texas Prompt Pay Law Regarding Payment Deadlines; Texas Legislature May Act on...

What's new. A Texas federal district court has ruled that ERISA does not preempt or prohibit application of the Texas Prompt Pay ("TPP") law to Third Party Administrators ("TPAs") of self-funded benefit plans. Judge Lynn...more

Toss or Keep Document Retention in a Hospital Setting

Deciding how long to hold on to specific records in your hospital can be a challenging task, especially when the facility deals with so many different types of records. You may be tempted to hold on to everything indefinitely...more

The Religious Freedom Restoration Act (RFRA) and Wage and Hour Law

Unless you are living under a rock, you are probably aware of the uproar in Indiana about the Religious Freedom Restoration Act that the state passed, triggering an incredible backlash inside and outside the state and a rush...more

Non-Compete Nonsense: Louisiana Enforces Non-Competes Against Cardiologists (but not Car Dealers)

A recent case out of the Louisiana Court of Appeal reminds us that some states will enforce physician non-compete agreements, even in the absence of a clear protectable interest and even where such enforcement threatens harm...more

US Supreme Court to Consider ERISA’s Tracing Requirements

On March 30, the U.S. Supreme Court announced it would review Bd. of Trustees of Nat. Elevator Indus. Health Ben. Plan v. Montanile, 593 F. App’x 903 (11th Cir. 2014)....more

Obama Administration Finalizes Health Insurance Wraparound Coverage Rule

The Departments of Labor, Health and Human Services, and Treasury published a final rule on March 18, 2015 that amends the definition of excepted benefits to allow group health plan sponsors, in limited circumstances, to...more

EEOC's Proposed Rules for Employer Wellness Programs at OMB for Approval

Last year, EmployNews reported several cases where the Equal Employment Opportunity Commission sued employers, claiming that the terms of their employee wellness programs violated the Americans with Disabilities Act and the...more

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