News & Analysis as of

Health Care Providers Employee Rights

Epstein Becker & Green

Will Illinois Amend the Illinois Freedom to Work Act to Further Limit the Enforceability of Noncompete and Non-Solicitation...

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On January 1, 2022, amendments to the Illinois Freedom to Work Act, 820 ILCS 90/1, et seq. (the “Act”), became effective, trumpeting reforms and limitations on an employer’s ability to enter into covenants not to compete and...more

McCarter & English, LLP

New Law Will Impact Change in Control Transactions Between Health Care Entities in New Jersey

New Jersey health care facilities and home care services agencies considering a change in control must soon be mindful of the requirements of Senate Bill No. 315 (the Act), signed into law by Governor Phil Murphy on August...more

Laner Muchin, Ltd.

New Illinois Law Clarifies that the Illinois Health Care Right of Conscience Act Does Not Apply to Employers’ COVID-19 Mitigation...

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Prior to the COVID-19 pandemic, most employers had never heard of the Illinois Healthcare Right of Conscience Act (the Act), let alone debated its applicability to their employees.  However, as COVID-19 has changed the...more

Health Care Compliance Association (HCCA)

‘Do the Best’ But Mind the Myriad Laws: Grappling With COVID Vaccination Issues

Report on Patient Privacy 21, no. 6 (June 2021) - ...So begins the provocative lawsuit filed against Methodist Hospital System in Houston by 117 employees who do not want to be vaccinated against COVID-19. Despite the...more

Constangy, Brooks, Smith & Prophete, LLP

BREAKING: EEOC Issues Guidance On COVID Vaccines

And employers will like it. NOTE FROM ROBIN: This is the text of a Legal Bulletin that we sent out today. I am posting it here for those of you who don't subscribe to our bulletins. The U.S. Equal Employment Opportunity...more

White and Williams LLP

Employment Discrimination Claims Related to Vaccination Refusal – Religious Beliefs

White and Williams LLP on

As hospitals, large healthcare providers and employers in other industries prepare for the vaccine rollout, many will institute mandatory vaccination policies for their workforce. Employers who implement mandatory vaccination...more

Alston & Bird

Updated FAQs Regarding Paid Leave Obligations Under the Families First Coronavirus Response Act

Alston & Bird on

After several waves of guidance, the Department of Labor’s regulations for the Families First Coronavirus Response Act are becoming clearer, and we have a better picture of how employers will need to act to be in compliance....more

Jackson Lewis P.C.

[Webinar] Balancing Religious Accommodation Challenges and Patient Safety Concerns - October 29th, 2:00 pm ET

Jackson Lewis P.C. on

Responding to employees’ disability-based accommodation requests has become second nature for healthcare institutions. But, what about requests for religious accommodations? In this webinar, Jackson Lewis P.C. attorneys...more

Seyfarth Shaw LLP

Strong Economy Leads to Increased Union Strength in the Healthcare Industry

Seyfarth Shaw LLP on

According to the U.S. Bureau of Labor Statistics, one in every seven jobs created in the U.S. in 2018 came in the healthcare sector. The growth in healthcare demand and jobs is due to coalescing of factors, including an aging...more

Fisher Phillips

3.8 Million Reasons Why Proper Process in Physician Discipline Matters

Fisher Phillips on

Any avid watcher of medical dramas would tell you that a hospital always has the ability to cut ties with any doctor who is not up to snuff. (For podcast fans we highly recommend Dr. Death.) They would tell you this is...more

K&L Gates LLP

K&L Gates Triage: Internal & External Health Care Investigations Part 3

K&L Gates LLP on

In Part 3 of our series on health care investigations, Mark Rush and John Lawrence discuss the process for external investigations conducted by federal and state governmental agencies, including in the context of qui tam...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

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

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

A Primer On Telemedicine And The Workplace

Fisher Phillips on

Most people probably do not enjoy sitting in a doctor’s reception area with other coughing and sneezing people while waiting for an appointment, or devoting hours to getting a prescription refilled. The concept of...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

OSHA Updates “General Industry Digest”

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Federal OSHA has recently revised and re-published its “General Industry Digest” (Digest). OSHA 2201-08R 2015. The Digest gives an overview of OSHA’s general industry standards to aid employers, supervisors, workers, and...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

Foley & Lardner LLP

"Busted" by Buttons — When Union Propaganda May Be Permitted in Patient Care Areas

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Nurses and other health care workers are usually allowed to wear pro union buttons, stickers and other insignia at work absent special circumstances. However, one area of health care facilities, such as hospitals, where...more

FordHarrison

Healthcare Industry Legal Alert: The Companionship Exemption For Agency Employed Home Care Workers May End As Early As This Month....

FordHarrison on

It has been reported that the Department of Labor (DOL) will issue a rule this month revising its regulations to eliminate the Fair Labor Standards Act's (FLSA) companionship exemption for agency-employed home care workers. ...more

Fisher Phillips

Healthcare Update, No. 3, August 2012: DOL Targets Healthcare Employer For Violations

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A recent announcement from the U.S. Labor Department's Wage and Hour Division highlights the risks that healthcare employers face when they do not properly compensate employees for overtime hours and do not maintain accurate...more

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