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7th Circuit: Physician Denied Leave and Terminated Not 'Employee' Under Federal Discrimination Laws

In a recent victory for a medical practice, the U.S. Court of Appeals for the Seventh Circuit affirmed the lower court's decision that a physician partner in a Wisconsin medical practice was an employer not subject to the protections afforded to employees under the  Americans with Disabilities Act (ADA), the Rehabilitation Act of 1973 or Title VII of the 1964 Civil Rights Act.  Bluestein v. Cent. Wis. Anesthesiology, S.C., 2014 U.S. App. LEXIS 19760, No. 13-3724 (7th Cir. Oct. 15, 2014).  The plaintiff doctor in this case was injured in a kayaking accident and...

Response to Ebola Concerns – Guidance for U.S. Workplaces

With the diagnosis of yet another case of Ebola virus disease in the United States, and the lack of formal travel restrictions, many employers – particularly those in the healthcare industry – are left wondering how they should react to the very real concerns of their employees, patients and customers about the potential for transmission of this disease by those traveling to and from West Africa. The Equal Employment Opportunity Commission's limitations on questions and examinations related to personal medical conditions further confound employer responses. Finally, the...

California Expands Training and Staffing Requirements for Assisted Living Facilities and Enacts Workplace Safety Bill to Address Violence in Hospitals

California recently enacted two laws that expand the training and staffing requirements for assisted living facilities in the state and another measure that requires hospitals to implement a workplace violence prevention plan.  Assisted Living BillsAssembly Bill 1570 requires applicants who seek to work in an assisted living facility to attend an 80-hour certification program and pass a 100-question examination administered by the state.  The certification program and examination focus on certain core topics such as the physical and psychosocial needs of elderly residents,...

Employers Get Limited Reprieve from Home Care Rule Enforcement

The Department of Labor's Wage and Hour Division (WHD) has announced that it will hold off on bringing enforcement actions against employers for violating the new minimum wage and overtime requirements imposed by the controversial home care regulations that take effect on January 1, 2015.  Issued over a year ago, the WHD rule eliminates the FLSA's minimum wage and overtime exemption for home care workers employed by home care agencies and other companies.  The rule also significantly narrows the exemption for home care workers employed directly by the individuals or families...

California Hospital Ordered to Pay Union's Negotiating Costs

In a decision highlighting the importance of bargaining in good faith, the National Labor Relations Board recently held that a California Hospital must reimburse the union’s negotiating costs as a remedy for the hospital’s post-election misconduct.  NLRB Chairman Mark Gaston Pearce and Members Kent Y. Hirozawa and Harry I. Johnson adopted and expanded the Administrative Law Judge’s (ALJ) decision holding that Hospital of Barstow, Inc. violated the National Labor Relations Act by making unilateral changes to nurse training requirements and by setting preconditions to...

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Format: 2014-10-20
Format: 2014-10-20