Recruitment Policies

News & Analysis as of

Proposed Changes to Stark Rule Would Create New Hospital Exceptions and Lessen Burden of Self-Disclosures

In a development that is limited in scope but still welcomed by hospitals, the proposed 2016 Physician Fee Schedule proposes a number of new exceptions to the physician self-referral or Stark law and other refinements that...more

Indiana Employment Law Update: 5 Changes to Laws You Should Know

A number of significant changes to Indiana employment law took effect on July 1, 2015. These changes affected employer’s obligations in areas such as hiring, wages, discrimination, and termination. If employers have not...more

Corridors September 2015 - News for North Carolina Hospitals

This article will provide an outline of some of the most significant points for hospitals to use when confronted with a formal government investigation under the Criminal or Civil False Claims Act. As noted below, you should...more

CMS Proposes New Stark Exception: Recruitment of Non-Physician Practitioners

In July 2015, CMS released proposals to provide several new Stark Law exceptions and to clarify issues regarding existing exceptions. Over the next few days, I will post comments on what I consider the most significant new...more

Why Is It So Hard to Hire People in Compliance?

Ed. Note-I recently asked Maurice Gilbert, founder and CEO of Conselium Executive Search if he would share some thoughts as to why and how a company should use an executive search firm when recruiting a C-Suite level...more

Startups and the Beginning of the Employment Relationship - Who, What, When, Where, and Why?

WHO to Hire? Startup companies can reduce or eliminate future problems with employees through careful hiring practices. Best practices include...more

That is SO last week - August 2015

Last week, the world mourned Cecil the Lion, and all eyes were on the Minnesota dentist who killed him. The scrutiny of the dentist unearthed, among other things, a sexual harassment complaint lodged against him by a former...more

The Deeper Dive in Texas: Recent Appellate Court Decisions Affecting Providers

For this edition of the Deeper Dive, we travel to Texas for a look at some interesting cases involving healthcare providers decided on appeal in 2015. Some of these decisions may be surprising – and perhaps even troubling –...more

When Should a Startup Hire a Lawyer?

When should a young company start to think about engaging legal counsel? There is no one-size-fits-all answer to this question – a startup should assess its status as an organization, its goals and future needs and its...more

Supreme Court to review class-action mootness and derivative sovereign immunity issues in government contractor case

On July 21, 2015, Dentons filed an amicus brief with the Supreme Court of the United States on behalf of its clients, DRI – The Voice of the Defense Bar and the Professional Services Council (PSC), in Campbell-Ewald Company...more

New York City Employers Prohibited from Requesting Criminal History Information before Making a Conditional Offer

On June 10, 2015, the New York City Council passed the “Fair Chance Act” (Int. 318-A), known as “ban-the-box” legislation, prohibiting employers from discriminating against job applicants and current employees on the basis of...more

Stark Regulations: Proposed Physician Recruitment Provisions

Assistance to Employ a Non-Physician Practitioner (NPP) - Currently under the Stark law, the physician recruitment exception (42 C.F.R. § 411.357(e)) permits hospitals, Federally Qualified Health Centers (FQHCs) and...more

Coming to America: Challenges in Moving Manufacturing to the U.S.

News of manufacturing companies coming to America or choosing to stay in the U.S. is plentiful of late. Why the focus on American manufacturing? And, perhaps more important, what are the legal and cultural issues facing...more

BALCA Applies Recent Legal Decision to PERM Case Denied Five Years Ago

The permanent labor certification process (PERM) allows employers to hire foreign nationals to work permanently in the United States. Prior to filing a PERM application for a foreign worker with the U.S. Department of Labor...more

Agencies Issue Final Policy Statement for Complying With Dodd-Frank Section 342: What You Should Know

Six federal banking agencies recently published a final interagency policy statement establishing standards for assessing diversity policies and practices. The final standards, which became effective June 10, 2015, were...more

Dodd-Frank diversity standards: just out of the gate and already under fire

Just days after the release of the final diversity standards under Section 342 of the Dodd-Frank Act, several prominent lawmakers and business leaders have criticized the new standards for not going far enough to promote...more

Financial Agencies’ Joint Diversity Standards Voluntary for Regulated Entities

Six federal financial agencies—the Federal Reserve Board, the Federal Deposit Insurance Corporation, the National Credit Union Administration, the Office of the Comptroller of the Currency, the Consumer Financial Protection...more

The Legal Risk of Recruiting “Digital Natives”

Most employers are aware that the Age Discrimination in Employment Act of 1967 (ADEA) prohibits discrimination against people age 40 and older, but how age discrimination may occur in practice is sometimes more difficult to...more

Perspectives: Trends and Topics in Not-For-Profit Management - May 2015

In this Issue: - Not-for-Profit Spotlight - IP and IT Procurement for Not-for-Profit Organizations - Starting Off Right: Recruiting, Training and Retaining Fundraising Staff - Guidance Released...more

From Hiring To Firing: A Basic Guide To The Hong Kong Employment Law Life Cycle

Hiring - For many employers, the key to having a productive and high-performing workforce is recruiting the right people to start with. However, it is important for employers to be aware that even before an employee...more

Saudi Arabia Update May 2015

New Saudization Rules Proposed - Saudization is the colloquial term used to refer to Saudi Arabia’s official government policy of encouraging the employment of Saudi Arabian nationals in the private sector. The policy...more

BALCA on Lawful Reasons for Rejecting U.S. Applicants in PERM Cases

The permanent labor certification process (also referred to as PERM) allows an employer to hire a foreign national to work permanently in the United States. Prior to filing a PERM application for a foreign worker with the...more

Breaking News! You Can Poach Employees From Your Competitors

Actually, it is not breaking news; the right to recruit and hire your competitors’ employees has a long and well established history in California. So long as the recruiting efforts are not coupled with wrongful or illegal...more

From Hiring To Firing: A Basic Guide To The Thai Employment Law Life Cycle

Recruitment - Recruiting in Thailand is often done through database recruitment, licensed headhunting firms, or by placing advertisements in newspapers and various media or on the internet. With regards to hiring of new...more

From Hiring to Firing: A Basic Guide To The Japanese Employment Law Life Cycle

Hiring: As a general rule, employers in Japan can freely determine the person they would like to hire as an employee, provided that discrimination on the basis of certain protected categories is not permitted. Employees...more

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