News & Analysis as of

Healthcare Workers

Faulty Issues With No Fault Attendance Policies

by Baker Ober Health Law on

Many of our clients have no fault attendance policies by which the employees are assessed a point or half of a point for each tardy, absence or for leaving their shift early. Once the employee meets the required number of...more

Prevention Is Key (Er…Required): Will Your State Soon Mandate Workplace Violence Prevention Programs?

by Fisher Phillips on

It is no secret to hospital and other healthcare employees that their workplace is no longer a guaranteed safe zone. In fact, recent statistics released by the Occupational Safety and Health Administration (OSHA) indicate...more

Mealtime Waiver Decision is Good News for California Healthcare Employers Hungry for Clarity

by Nossaman LLP on

In a rare move, the California Court of Appeal reversed itself and validated a California hospital’s policy of allowing healthcare workers to waive an otherwise mandatory second meal period on shifts longer than 12 hours. In...more

Mealtime Waiver Decision is Good News for California Healthcare Employers Hungry for Clarity

by Nossaman LLP on

In a rare move, the California Court of Appeal reversed itself and validated a California hospital’s policy of allowing healthcare workers to waive an otherwise mandatory second meal period on shifts longer than 12 hours. In...more

Hot List – What’s Happening in the California Legislature 4/3-4/7

by Fisher Phillips on

Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week...more

Leveling the Playing Field: Hospital’s Nonunion Hiring Preference Not Discriminatory

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Court of Appeals for the First Circuit reversed the NLRB, holding that the Board lacked substantial evidence to find that the hospital group unfairly preferred nonunion workers when filling nonunion...more

Expanding Access and Encouraging Health Care: H.R. 5529

This is the third installment in a series examining five bipartisan bills advanced by the House Committee on Education and the Workforce on June 22, 2016. The original post briefly summarizing all five bills was posted in...more

How Will the New Overtime Regulations Affect Healthcare Employers?

The long-awaited U.S. Department of Labor (DOL) regulations on the “white collar” exemptions are finally here. As per the regulations, which are to be issued on May 18, 2016, the new minimum salary level for the executive,...more

CMS’ Staffing Data Reporting Requirement Becomes Mandatory for Long Term Care Facilities

by Lane Powell PC on

Beginning on July 1, 2016, under an amendment to the Affordable Care Act, long term care facilities must electronically submit to the Secretary of U.S. Department Health and Human Services direct care staffing information,...more

GAO Calls for Improvements to HHS Oversight of Health Care Workforce Programs

by Reed Smith on

The GAO has reviewed HHS management of the 72 health care workforce programs administered by HHS and its agencies. The GAO concludes that HHS “lacks comprehensive planning and oversight to ensure that its many workforce...more

Implications for Employers In Navigating Transgender Employee Requests For Access To Employer Facilities

by Seyfarth Shaw LLP on

A transgender woman filed a complaint last week against a large healthcare employer alleging sex discrimination in violation of Title VII. The complainant seeks, among other things, a permanent injunction against the...more

The Implications of DOL’s Proposed Overtime Rules on Hospitals and Health Systems

by Arnall Golden Gregory LLP on

In an era of increasing financial pressure on the administration of hospitals and health systems, the U.S. Department of Labor (DOL) is expected to issue a final rule regarding the overtime provisions in the Fair Labor...more

Effective Immediately: California Urgency Legislation Confirms Second Meal Period Waiver for Healthcare Workers

by Morgan Lewis on

Senate Bill 327 overturns Gerard v. Orange Coast Medical Center, confirming that healthcare workers can waive their second meal period. On October 5, California Governor Jerry Brown signed into law Senate Bill 327 (SB...more

5 Workplace Safety Tips to Protect Employees from Violent Co-Workers (While Complying with Employment Laws)

by Carlton Fields on

According to the Occupational Safety & Health Administration (OSHA), homicide is the fourth-leading cause of fatal occupational injuries in the United States. This article gives employers practical advice aimed at keeping the...more

D.C. Circuit Revives U.S. DOL’s Final Rule on Home Care

by Hodgson Russ LLP on

On August 21, 2015, the U.S. Court of Appeals for the District of Columbia Circuit held that the U.S. Department of Labor’s Home Care Final Rule, which eliminates the companionship and live-in domestic service exemptions for...more

How Healthcare Employers Can Navigate the New White-Collar Overtime Rules: Further Transition Presents Opportunities

by Seyfarth Shaw LLP on

The Department of Labor’s proposed revisions to the Fair Labor Standards Act’s overtime exemptions will impact the American workplace as much as any legal development in the past decade. Healthcare employers - whether in the...more

Health Alert (Australia) - June 15, 2015

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpt from Judgements: New South Wales. O'Sullivan v Medical Council of New South Wales [2015] NSWCATAD 113 The New South Wales Civil and...more

Health Alert (Australia) - June 9, 2015

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpt from Judgements: Australia. Fair Work Commission Marr v Western Health [2015] FWC 2970 The Fair Work Commission has held that it was...more

Protecting health care workers from HIV infection

by Howard Ankin on

Health care workers in America face many risks on the job. Doctors and nurses may be exposed to stress, overwork, ergonomic hazards, threats of physical abuse and a wide range of dangerous pathogens....more

Appellate Court Decision Changes Rules on Healthcare Worker Meal Period

by Low, Ball & Lynch on

Gerard v. Orange Coast Memorial Medical Center - Court of Appeal, Fourth Appellate District (February 10, 2015) - A statute requires two meal periods for shifts longer than 12 hours. But an order of the...more

Health Care Employers’ Safety Records Will Soon Become Publicly Available

by Epstein Becker & Green on

On November 8, 2013, the Occupational Safety and Health Administration (“OSHA”) published a proposed rule titled “Improve Tracking of Workplace Injuries and Illnesses” (“Proposed Rule”). Under the Proposed Rule, employers...more

Care Recipients’ Limited Right to Discriminate Based on Protected Characteristics of Care Provider

by Dickinson Wright on

Healthcare provider institutions including hospitals, clinics, medical practices, nursing homes and home health care providers (here, “Institutions”) are occasionally called upon to balance the preferences of Consumers...more

California Health Care Employees Cannot Waive Entitlement to Second Meal Period When Working In Excess of 12 Hours

by Davis Wright Tremaine LLP on

Narrowly construing the California Labor Code provisions on meal periods, the California Court of Appeal struck down a provision in the Industrial Welfare Commission Wage Orders that allows health care employees working...more

Oops! California Court Gets Around to Invalidating 22-Year-Old Meal Period Waiver Rules for Healthcare Employees

For nearly 22 years, IWC Wage Order No. 4 and IWC Wage Order No. 5 have permitted employees in the “health care industry” who work shifts in excess of eight total hours in a workday to “voluntarily waive their right to one of...more

California Court Decision on Meal Breaks May Cause Health Care Industry To Go To Code Blue

by FordHarrison on

Executive Summary: A new California Court of Appeal decision has invalidated a 22-year-old healthcare industry exception that had given the industry some flexibility with respect to how it provided its employees working...more

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