News & Analysis as of

Fair Labor Standards Act (FLSA) Hospitals

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

Vaccine Volunteers: Is “Thank You” Sufficient Compensation?

The Fair Labor Standards Act (FLSA) requires employers to pay nonexempt employees at least minimum wage for all hours worked up to 40 hours in a workweek and time and one-half for all hours worked over 40 hours in the same...more

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

Creating the Space: Healthcare Employers Implement Programs for Nursing Mothers

Women make up the majority of employees in the healthcare industry. According to the Bureau of Labor Statistics, in 2018, 75 percent of hospital staff and nearly 80 percent of the staff of other health services were composed...more

Parker Poe Adams & Bernstein LLP

U.S. Labor Department Says Health Care Hours Rule Applies to a Range of Facilities

A special provision of the Fair Labor Standards Act allows hospitals and other health care institutions to average employee hours over a 14-day period instead of the usual single workweek overtime basis. Last week, the...more

Holland & Knight LLP

Religious Institutions Update: June 2018 - Lex Est Sanctio Sancta

Holland & Knight LLP on

Since 1990, the U.S. Supreme Court has expressly construed a neutral law of general applicability as consistent with the free exercise clause. Deeming Colorado's public accommodations law just such a law, the Colorado Court...more

Polsinelli

Hospitals’ Obligations to Employees Withstand Natural Disasters

Polsinelli on

Hurricane Harvey reminded hospitals that obligations to employees do not cease during or after horrific natural disasters. Hospitals should have a plan in place when preparing for a natural disaster, such as an inclement...more

Baker Donelson

Is the 8 and 80 Overtime Exception for Hospitals and Health Care Providers the Right Fit for Your Company?

Baker Donelson on

The Fair Labor Standards Act (FLSA) requires that employers pay most workers at least minimum wage for all hours worked, plus overtime – one and one-half the employee's regular rate of pay – for all hours worked in excess of...more

Cozen O'Connor

2016/2017 Labor & Employment Observer

Cozen O'Connor on

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more

Seyfarth Shaw LLP

Opt Ins are Out (of Luck) Appealing Decertification

Seyfarth Shaw LLP on

With all the drama of a get-away chase, the Third Circuit recently brought to a screeching halt plaintiffs’ counsel’s elaborate maneuvers to end run repeated decertification of their FLSA actions, and held as a matter of...more

McCarter & English, LLP

Health Law Insights Newsletter - Issue 10 - June 2016

McCarter & English, LLP’s Health Care Group presents Issue 10 of the Health Law Insights, which discusses the latest legal issues in the health care industry. NATIONAL - Drug Diversion Case Raises Red Flags for...more

Fisher Phillips

Shift Worker Rules Warrant Special Attention

Fisher Phillips on

The long-term-care industry depends on shift workers to provide patient care 24 hours per day, seven days per week. But even experienced and sophisticated employers can find the application of state and federal labor and...more

Parker Poe Adams & Bernstein LLP

DOL Announces Delay to Home Care Worker Wage Regulations

Last October, the federal Department of Labor’s Wage and Hour Division sent shockwaves through the home health care industry by issuing final rules declaring most of its employees to be subject to FLSA minimum wage and...more

BakerHostetler

Another Federal Court Decertifies FLSA Collective Action of Hospital Workers Challenging Auto-Deduct Policy

BakerHostetler on

We have previously discussed that, while medical providers have become a common target of plaintiffs asserting wage and hour claims arising out of so-called “auto-deduct” policies, more and more courts are realizing that the...more

BakerHostetler

Third Circuit Affirms Dismissal of Class Allegations for Vague Pleading

BakerHostetler on

Whenever I see the names of the Iqbal and Twombly pleading cases, I can’t help but feel that the names were clipped from lost lines of Lewis Carroll’s Jabberwocky poem, perhaps as something similar to “Iqbal were the Civil...more

Proskauer Rose LLP

Trends in New Jersey Employment Law - September 2014

Proskauer Rose LLP on

Third Circuit Renders Important Decisions on FMLA and FLSA - In recent weeks, the U.S. Court of Appeals for the Third Circuit rendered a trio of significant employment law decisions....more

Troutman Pepper

Third Circuit Affirms Dismissal of FLSA Overtime Claims in Hospital Meal Break Cases

Troutman Pepper on

On August 26, the United States Court of Appeals for the Third Circuit affirmed the District Court’s dismissal of the Fair Labor Standards Act (FLSA) overtime claims brought against a myriad of health care systems and their...more

BakerHostetler

Federal Court In New York Decertifies FLSA Collective Action Of 1,000 Hospital Workers Challenging Auto-Deduct Policy

BakerHostetler on

Over the past several years, medical providers in particular have been beset by wage and hour claims arising out of so-called “auto-deduct” policies. A recent case, arising out of the Eastern District of New York, a...more

Mintz - Health Care Viewpoints

New York Federal Court Rules Public Hospitals Are Exempt from State Labor Laws

On October 16, 2013, a New York federal district court granted a partial motion to dismiss a Fair Labor Standards Act (FLSA) class action suit against the New York City Health & Hospitals Corp. (HHC), finding that HHC is a...more

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