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Employee Rights Employer Liability Issues Health Care Providers

Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination... more +
Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination policies, collective bargaining and unionizing rights, meal and rest requirements, minimum wage rules, and medical and family leave rights to name a few. In the United States, the federal framework for employee rights stem from statutes such as the Fair Labor Standards Act (FLSA), Americans with Disabilities Act (ADA), National Labor Relations Act (NLRA), Title VII of the Civil Rights Act, and the Family Medical Leave Act (FMLA). In addition, employee rights statutes are implemented and enforced by regulatory authorities such as the EEOC, NLRB, OSHA, and the Department of Labor. Further, many state and local governments provide additional and localized protections for employees that are enforced by local regulatory entities. less -
Dentons

Ep. 49 – Seek Legal Advice Before Implementing an Employee Discount Program

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It is not uncommon for healthcare providers to want to offer employees a discount on their services as a way to show their appreciation and as an added benefit to retain and attract candidates. While these discount programs...more

Dinsmore & Shohl LLP

Significant Non-Compete Restrictions May Be Coming to the Buckeye State

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Ohio may be the next state to place restrictions on non-competition provisions in employment agreements for employers, including healthcare providers. Ohio Senators Bill Blessing (R-Colerain Township) and Bill DeMora...more

McDermott Will & Schulte

How Employers and Healthcare Providers Can Navigate Immigration Enforcement

Despite the anticipation of increased enforcement of US immigration laws, the rules and practical advice related to an employer’s legal duties under the Immigration Reform and Control Act (IRCA) and what to do if US...more

Hendershot Cowart P.C.

Legal Alternatives to Breaking a Non-Compete Agreement in Texas

Hendershot Cowart P.C. on

Many employees feel trapped by non-compete agreements, but there are legal ways to handle these restrictive employment agreements. Before risking legal action by breaking your agreement, consider these alternatives....more

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

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

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

Fisher Phillips

3.8 Million Reasons Why Proper Process in Physician Discipline Matters

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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: 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

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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

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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

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

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