Healthcare Update - August 2012, No. 3

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In This Issue:

- EEOC Challenges TB Testing Practices By A. Kevin Troutman (Houston):

For years, hospitals and most other healthcare providers have regularly screened new and existing employees for tuberculosis as part of their required infection-control programs. However, the U.S. Equal Employment Opportunity Commission’s (EEOC) recent challenge of an employer’s TB screening practices may change the way healthcare employers approach this fundamental and long-practiced precaution....

- Weighing The Risks Of Not Hiring Obese Applicants By A. Kevin Troutman (Houston):

While most supervisors intuitively recognize and grasp some fundamentals of non-discrimination laws, other questions are becoming increasingly complicated, even for seasoned human resources professionals. Setting aside the complexity of issues like “admissible evidence” or “disparate impact,” it’s easy to understand that employment decisions should not and cannot be based upon factors such as race, national origin, gender, age, pregnancy, or disability. Federal and state laws make this abundantly clear. On the other hand, emerging issues, some of which are arguably more related to lifestyle choices than immutable characteristics, continue to raise complicated questions...

- Automatically Deducting For Meal Breaks Can Be Costly By A. Kevin Troutman (Houston):

Automatic deductions, where the employer’s timekeeping system assumes and deducts for a 30-minute meal break, have proved to be a fruitful target for plaintiffs. During the past 10 years, over 40,000 lawsuits have been filed under the federal Fair Labor Standards Act (FLSA), and the trend shows no signs of easing. Filings increased by 10% in 2010. There has been a similar flood of lawsuits under state and local laws...

- DOL Targets Healthcare Employer For Violations By Ted Boehm (Atlanta):

A recent announcement from the U.S. Labor Department’s Wage and Hour Division highlights the risks that healthcare employers face when they do not properly compensate employees for overtime hours and do not maintain accurate records. In May, DOL announced that Extended Health Care, Inc. of Downey, California had agreed to pay more than $654,000 in back wages to 108 current and former registered nurses and licensed vocational nurses. The settlement culminated a multi-year DOL investigation that began in 2009. The company, which provides skilled nursing care to patients in their homes, also committed to comply with the Fair Labor Standards Act (FLSA) in the future.

Please see full update below for more information.

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Topics:  ADA, Discrimination, EEOC, Healthcare, Healthcare Professionals, Over-Time, Wages

Published In: Administrative Agency Updates, Civil Rights Updates, Health Updates, Labor & Employment Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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