News & Analysis as of September 23, 2024

Health Care Providers

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

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

Baker Donelson on 12/13/2023

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

OFCCP Week In Review: January 2022 #2

DirectEmployers Association on 1/11/2022

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

Home Health Care Trade Associations Denied Injunction Against AB 2455

Jackson Lewis P.C. on 3/22/2021

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

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

Fisher Phillips on 11/16/2020

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

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

Fisher Phillips on 8/6/2020

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

Beltway Buzz - November 2019 #2

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/11/2019

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

NLRB Prohibits Hospital From Banning Union Pins Or Badges

Husch Blackwell LLP on 5/9/2018

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

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

McGuireWoods LLP on 5/3/2018

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

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

Davis Wright Tremaine LLP on 4/26/2018

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

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

Fisher Phillips on 2/5/2018

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

NLRB Permits Off-Duty Employees to Picket on Employer Property

Franczek P.C. on 10/7/2016

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

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

Seyfarth Shaw LLP on 8/18/2016

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

Collegiality in the Workplace – Not Authorized by NLRB

Ruder Ware on 7/13/2016

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

NLRB Reverses Precedent on Permanent Replacements for Striking Workers

Ballard Spahr LLP on 6/6/2016

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

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

Baker Donelson on 5/23/2016

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

Labor & Employment Issues Facing the Healthcare Industry

Littler on 4/12/2016

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

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/14/2016

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

Be Careful What You Say: Allegations Of Worker Misconduct Might Be Defamation

Fisher Phillips on 8/12/2015

Healthcare institutions have a moral and legal obligation to promote patient safety as an essential component of patient care. Supervisors and managers must be supportive of their staffs while remaining vigilant about the...more

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

Foley & Lardner LLP on 6/11/2014

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

Eleventh Circuit Rules Licensed Professional Nurses Are Supervisors, Providing Strong Ammunition to Long-Term Healthcare...

Littler on 10/25/2012

On October 2, 2012, a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit reversed the National Labor Relations Board's decision that licensed professional nurses (LPNs) employed at a long-term health care...more

Patient Concerns Make Social Media Even Trickier for Healthcare Employers

Constangy, Brooks, Smith & Prophete, LLP on 9/14/2012

By now, everyone is probably familiar with Dawnmarie Souza's dispute with American Medical Response, where the National Labor Relations Board sided with an emergency medical technician's right to bad-mouth her supervisor on...more

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