News & Analysis as of September 23, 2024

Hiring & Firing › Nurses

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Florida Legislation Will Increase Background Screening for Healthcare Professionals

Holland & Knight LLP on 3/26/2024

House Bill 975, if signed by Gov. Ron DeSantis, will have a significant impact on the Florida criminal background screening requirements for healthcare professionals and facilities. Currently, only certain healthcare...more

[Webinar] The Time is Now: Foreign Nurse Immigration Sponsorship and the US Healthcare Staffing Crisis - November 15th, 9:00 am PT

Clark Hill PLC on 10/23/2023

The healthcare industry is facing a nurse staffing crisis in the wake of the pandemic. Many US healthcare facilities are looking abroad to meet the demand for patient care, but are unsure about how visa processing delays...more

New Restrictions on Physician Non-Compete Agreements in Connecticut

Littler on 7/3/2023

At the close of the 2023 session, the Connecticut legislature passed Senate Bill 9, “An Act Concerning Health and Wellness for Connecticut Residents.” Buried in this legislation are amendments to the state’s physician...more

Connecticut’s Physician Non-Compete Law Now Revised to Include New Restrictions and Extended to Cover APRNs and PAs

Pullman & Comley - Connecticut Health Law on 6/30/2023

Since July 1, 2016, Connecticut has had a law (CGS §20-14p) which, among other things, places a one year and 15 mile restriction on all physician non-compete agreements. Effective July 1, 2023, the law has been revised...more

Connecticut Legislature Passes Law Limiting Physician, PA and APRN Non-Compete Agreements

Robinson+Cole Health Law Diagnosis on 6/13/2023

On June 5, 2023, the Connecticut Legislature passed Public Act No. 23-97, “An Act Concerning Health and Wellness for Connecticut Residents” (“the Act”). Sections 13 through 15 of the Act make important changes to Connecticut...more

New Laws for New York Employers in a New Year: What You Need to Know as 2023 Unfolds

Fisher Phillips on 1/5/2023

After a few years of rapid and expansive change to New York’s workplace laws, involving adjustments to workplace safety, employee pay, benefits, and privacy, there was a noticeable slowdown for the state legislature this past...more

Two-Thirds of Nurses Poised to Quit in Coming Years: 8 Steps Healthcare Employers Can Take to Address Potential Mass Exodus

Fisher Phillips on 10/10/2022

A recent survey by staffing company ShiftMed reported that two-thirds of nurses expressed an inclination to leave the profession within the next two years, a staggering jump from the 50% who expressed that intention just last...more

The Top 16 Workplace Law Stories from September 2022

Fisher Phillips on 10/5/2022

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

5 Steps Nursing Homes Can Take to Address Pandemic Fallout and New Regulatory Hurdles

Fisher Phillips on 7/5/2022

Nursing homes care for one of the most vulnerable populations in the country, yet have borne the brunt of a harsh reality over the past two years and counting. Even while pandemic-related death rates decrease, staffing...more

New York Lawmakers Pass a Flurry of Worker Protection Laws

Fisher Phillips on 6/10/2022

As the New York State legislative session came to a close, state lawmakers passed a flurry of laws providing protections to workers, ranging from wage protections for freelance workers, prohibitions against absence control...more

Florida Healthcare Snapshot: Are Your Home Health Contractors Actually Employees?

Fisher Phillips on 4/25/2022

Welcome to a special edition of our Healthcare Snapshot – this time with a Florida focus. We’re taking a deeper dive and examining how the U.S. Department of Labor (DOL) is focusing on whether home healthcare employees are...more

Snapshot on Healthcare Industry: February 2022

Fisher Phillips on 2/23/2022

Welcome to FP Snapshot on Healthcare, where we take a quick look at some of the most significant current workplace law issues, including hot non-COVID-19 issues, with an emphasis on the practical impact of how they affect...more

Pandemic-Fueled Staffing Shortages Threaten Nursing Homes – 5 Ideas to Help Stem the Tide

Fisher Phillips on 2/22/2022

Nursing homes provide crucial services in our society. While caring for our vulnerable family members and friends, nursing homes (or “NHs”) themselves have become some of the most vulnerable businesses in this country, due in...more

OIG Issues Favorable Advisory Opinion Regarding Home Health Agency’s Proposal to Pay Tuition Costs for New Employees

Robinson+Cole Health Law Diagnosis on 2/15/2022

On February 14, 2022, the Office of Inspector General (OIG) issued Advisory Opinion No. 22-03 (Advisory Opinion) regarding a home health agency’s (Requestor) proposal to pay nurse aide certification tuition costs on behalf of...more

Report on Medicare Compliance Volume 29, Number 18. News Briefs: May 2020

Health Care Compliance Association (HCCA) on 5/16/2020

Report on Medicare Compliance 29, no. 18 (May 11, 2020) - The HHS Office for Civil Rights has posted guidance reminding providers that “the COVID-19 public health emergency does not alter the HIPAA Privacy Rule’s existing...more

Report on Patient Privacy Volume 20, Number 5. Privacy Briefs: May 2020

Health Care Compliance Association (HCCA) on 5/14/2020

Report on Patient Privacy 20, no 5. (May 2020) - Ambry Genetics, based in Aliso Viejo, California, has reported a data breach involving nearly 233,000 people. In its statement, the company said it identified “unauthorized...more

Key California Employment Law Cases: February 2020

Payne & Fears on 3/11/2020

Frlekin v. Apple, Inc., -- Cal. -- (2020) - Summary: The time employees spent on Apple’s premises waiting for and undergoing a mandatory exit search of personal belongings was compensable as “hours worked” under Wage...more

Vermont Health Care Update 01-27-20 - An analysis from DRM's Health Law Team

Downs Rachlin Martin PLLC on 1/27/2020

Governor delivers budget address - Gov. Phil Scott delivered his budget address on Tuesday, focusing on the demographic crisis and a shrinking workforce as the state’s biggest challenges....more

Mandatory Nurse-To-Patient Staffing Ratios: Is Your State Next?

Jackson Lewis P.C. on 9/4/2019

Healthcare facilities in California have been required to adhere to mandatory nurse-to-patient ratios since 2004. These ratios vary depending upon the degree of patient care involved. More recently, Massachusetts passed a law...more

UK Court Upholds Dismissal Based on Religious Employee’s Workplace Proselytising

Littler on 6/14/2019

The Court of Appeal in the United Kingdom recently held that the dismissal of a nurse for improperly proselytising at work was fair (Kuteh v Dartford and Gravesham NHS Trust)....more

What’s Up In New Mexico Workplace Law

Holland & Hart - Employers' Lawyers on 6/14/2019

Gov. Michelle Lujan Grisham signed bills into law from the 2019 legislative session that will impact private employers in New Mexico. Below is a summary of several bills that change the law applicable to private employers....more

Gardner v. CLC of Pascagoula, LLC –What Constitutes “Severe and Pervasive” Conduct With Respect to “Third-Party Harassment”?

Proskauer - Law and the Workplace on 2/26/2019

Employers may be liable to their employees for harassment by non-employees under Title VII. Courts have found liability for this so-called “third-party harassment” in some of the following fact-specific contexts: waitresses...more

Key California Employment Law Cases: November 2018

Payne & Fears on 12/18/2018

This month’s key employment law cases address nonsolicitation provisions and arbitration agreements. AMN Healthcare, Inc. v. Aya Healthcare Servs., Inc., 28 Cal. App. 5th 923, 239 Cal. Rptr. 3d 577 (2018) Summary:...more

Nurse Staffing Ratios May Be Coming to a Hospital Near You

Foley & Lardner LLP on 10/22/2018

On November 6, 2018, when Massachusetts voters go to the polls to select a new Governor and other key elected officers, they will also consider Ballot Question 1, which will mandate rigid registered nurse staffing ratios for...more

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Hiring & Firing › Nurses

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