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The National Labor Relations Act › Health Care Providers

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -
Littler

(Not So) Frozen in Time—Colorado District Court Enters Section 10(j) Order Preventing Hospital from Withholding Across-the-Board...

Littler on

On November 16, 2023, a federal court in Colorado issued a lengthy opinion granting in part a petition for a temporary injunction pursuant to Section 10(j) of the National Labor Relations Act (the “Act”). Lomax v. Longmont...more

Baker Donelson

[Webinar] What Recent NLRB Developments and Increased Union Organizing Mean for Your Business - December 21st, 10:00 am - 11:00 am...

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In the latter half of 2023, the National Labor Relations Board (NLRB) has issued some of its most significant decisions in decades, and they affect both unionized and non-union long term care facilities. The result is that...more

Kerr Russell

Status Of Covenants Not To Compete And Liquidated Damages Provisions

Kerr Russell on

Question: Are covenants not to compete and liquidated damages provisions in employment agreements still enforceable? I have seen news reports about the Federal Trade Commission and National Labor Relations Board being...more

DirectEmployers Association

OFCCP Week In Review: January 2022 #2

DirectEmployers Association on

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Akerman LLP - Health Law Rx

Decision Reminds Providers of Limits on Restricting Employee Communications with Media

Akerman LLP - Health Law Rx on

Hospitals and medical groups that bar staff from communicating with the media should take another look at those prohibitions following a recent federal appellate decision finding such a policy unlawful under the National...more

Jackson Lewis P.C.

Home Health Care Trade Associations Denied Injunction Against AB 2455

Jackson Lewis P.C. on

In 2018, the California legislature passed Assembly Bill 2455 (“AB 2455”), which required the Department of Social Services to provide labor organizations registered home care aids’ contact information to assist with...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Cal/OSHA COVID-19–Related Citations May Provide Leverage to Labor Unions and Their Members

Ogletree, Deakins, Nash, Smoak & Stewart,... on

A February 2021 California Division of Occupational Safety and Health (Cal/OSHA) press release trumpeted the agency’s enforcement efforts and its recently issued citations for COVID-19–related violations. Cal/OSHA continues...more

Fisher Phillips

3 Changes Healthcare Employers Should Watch For Under Biden’s National Labor Relations Board

Fisher Phillips on

A Biden presidency will surely bring changes to federal labor law under the National Labor Relations Act, the primary law that governs employee collective activity, labor-management relations, collective bargaining, and union...more

Fisher Phillips

Best Practices For Addressing Negative Social Media Posts Caused By The COVID-19 Pandemic

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As the COVID-19 pandemic continues, the healthcare industry is understandably fraught with unease and uncertainty. This, coupled with the ubiquity of social media, creates challenges for healthcare providers facing public...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Triaging Employee Refusals to Work Due to COVID-19: A Legal Update for Healthcare Employers

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Employees - particularly healthcare employees - are increasingly refusing to work because of safety concerns and the need for accommodations related to COVID-19. In certain circumstances, these refusals may trigger...more

Fisher Phillips

Frontline Reports From Healthcare Employees On COVID-19 Challenges May Constitute Protected Activity

Fisher Phillips on

Social and traditional media has been buzzing with reports that healthcare providers – from nurses to physicians – are being discharged because they have publicly shared negative frontline experiences treating COVID-19...more

Orrick - Employment Law and Litigation

Responding to Healthcare Employee Concerns in the COVID-19 Age

Orrick - Employment Law and Litigation on

As the battle against COVID-19 intensifies, healthcare workers have become vocal about their perceptions of deficiencies surrounding patient care and safety within their workplaces and have expressed their views publicly on...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - November 2019 #2

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Fluctuating Workweek Reg Drops. On November 5, 2019, the U.S. Department of Labor’s Wage and Hour Division issued a notice of proposed rulemaking for computing overtime compensation for salaried nonexempt employees whose...more

K&L Gates LLP

K&L Gates Triage: Accidental Domination and Interference with “Labor Organizations” by the Modern Health Care Employer

K&L Gates LLP on

In light of the recent #MeToo movement and ongoing public discourse regarding workplace culture, employers in the health care industry are increasingly seeking creative ways to improve their own workplace culture, such as...more

Husch Blackwell LLP

NLRB Prohibits Hospital From Banning Union Pins Or Badges

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The National Labor Relations Board (the “Board”) recently held that a California hospital illegally maintained a dress code policy that effectively prohibited employees from wearing pins and badge reels with union insignia. ...more

McGuireWoods LLP

NLRB Voids Hospital ID Policy that Bans Union Insignia Without Regard to Patient Visibility

McGuireWoods LLP on

In Long Beach Memorial Medical Center, Inc., 366 NLRB No. 66 (April 20, 2018), the Board ruled that the hospital employer’s prohibition of non-approved pins and badges was unlawfully overbroad. As a general rule, employees...more

Davis Wright Tremaine LLP

Last Gasp for Narrow Rules Review? NLRB Holds Hospital Badge Policy Unlawfully Prevented Employees From Wearing Union Insignia

Davis Wright Tremaine LLP on

Long Beach Memorial Medical Center (called “MHS”), an acute care hospital, had a policy for direct care providers that stated “[identification] badge reels may only be branded with [MHS] approved logos or text.” A 2-1...more

Fisher Phillips

Healthcare Employers Rejoice? Recent Shift In NLRB Decisions Impacts The Industry

Fisher Phillips on

A new Republican majority took hold over the National Labor Relations Board (NLRB) at the end of 2017, leading to several significant labor decisions. Because the NLRB’s decisions and actions impact all industries, healthcare...more

Franczek P.C.

NLRB Permits Off-Duty Employees to Picket on Employer Property

Franczek P.C. on

An employer’s ability to prohibit picketing on its property was dealt a serious blow when the National Labor Relations Board (NLRB) recently ruled in Capital Medical Center that an acute care hospital violated Section 8(a)(1)...more

Seyfarth Shaw LLP

Get Off My Lawn (Or Gurney): Off Duty Employees Allowed To Picket on Hospital Employer’s Property

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a split decision, the NLRB ruled that off-duty employees of an acute care hospital had the right to picket the hospital’s main lobby entrance. After the collective bargaining agreement between acute...more

Ruder Ware

Collegiality in the Workplace – Not Authorized by NLRB

Ruder Ware on

Collegiality in the workplace is the goal of every employer in order to provide the proper atmosphere for productive employees. Many employers have taken this desire to heart by publishing rules that encourage collegiality...more

Ballard Spahr LLP

NLRB Reverses Precedent on Permanent Replacements for Striking Workers

Ballard Spahr LLP on

The National Labor Relations Board (NLRB) issued a decision last week upholding the right of employers to hire permanent replacements for striking employees unless the decision to replace workers is based on an “independent...more

Baker Donelson

NLRB Slams Hospital for Maintaining Work Rules Prohibiting Employees From Engaging in "Improper Conduct"

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Over the past several years, employers have been bombarded with news about the National Labor Relations Board (NLRB) and its ever expanding control over employers’ internal workplace policies. In fact, just a few years ago,...more

Littler

Labor & Employment Issues Facing the Healthcare Industry

Littler on

Public discourse on "healthcare" has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Can Healthcare Providers Prohibit Employees From Using Recording Devices in the Workplace?

Ogletree, Deakins, Nash, Smoak & Stewart,... on

In the wake of the National Labor Relations Board’s (NLRB) decision in Whole Foods Market, Inc., 363 NLRB No. 87 (Dec. 24, 2015), hospitals and healthcare providers will need to revisit their employee recording policies. This...more

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