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California Issues Draft of Proposed Regulations Implementing Hospital Violence Standards

California’s Senate Bill 1299, enacted in the fall of 2014, requires the State’s Occupational Safety and Health Standards Board to adopt standards requiring certain hospitals to implement a workplace violence prevention plan by July 1, 2016.  On February 5, 2015, the Division of Occupational Safety and Health (the “Division”) issued a draft regulatory proposal that would require healthcare employers (including hospitals, clinics, drug-treatment facilities, home health care, and other healthcare operations) to develop workplace violence prevention plans specific to...

Whether Florida Hospital Should Have Reassigned Disabled Nurse with a Cane is a Jury Issue, Court Holds

A recent decision by a Florida federal court, Equal Employment Opportunity Commission v. St. Joseph’s Hospital, Inc., serves as a reminder to employers of the need to fully explore reasonable accommodations requested by disabled employees, including reassignment. In St. Joseph’s Hospital, the district court found that the Equal Employment Opportunity Commission (EEOC) might be able to demonstrate at trial that a hospital violated the Americans with Disabilities Act (ADA) by failing to consider a disabled nurse who used a cane for two positions for which she applied. Plaintiff...

California Healthcare Employee Not Required to Exhaust Her Administrative Remedies Before Filing a Whistleblower Claim

A California appellate court recently confirmed in Satyadi v. West Contra Costa Healthcare District that employees need not exhaust administrative remedies before pursuing most state Labor Code claims, even those accruing prior to the enactment of Labor Code § 244(a), which expressly states there is no administrative exhaustion requirement.  The decision brings clarity to an area of law noted for its split of authority. The plaintiff in this case was the clinical laboratory director for a medical center.  Beginning soon after she was hired in 2010, and continuing through...

The Department of Labor Appeals Federal Court's Orders Vacating Both Major Provisions of the Home Care Rule

On Thursday, January 22, 2015, the U.S. Department of Labor (DOL) appealed the U.S. District Court for the District of Columbia's two orders that vacated both major provisions of the DOL's Home Care Rule.  Originally intended to be effective on January 1, 2015, the new rule would have excluded third-party employers from relying on the companionship and live-in domestic worker exemptions and would have drastically narrowed the definition of companionship services under the Fair Labor Standards Act (FLSA).  On December 22, 2014, and on January 14, 2015, the court vacated both...

Federal Court Vacates Second and Final Major Provision of the Department of Labor's Home Care Rule

On Wednesday, January 14, 2015, the U.S. District Court for the District of Columbia vacated the U.S. Department of Labor's new rule that purported to narrow the definition of "companionship services" exempt from overtime under the Fair Labor Standards Act.  Rejecting the DOL's arguments in support of the new rule, the court found that the statutory exemption of home care companions "clearly targets workers who provide services to those who need care. . . . Limiting that care to only 20 percent of a worker's total hours defies logic, and Congressional intent....

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Format: 2015-03-02
Format: 2015-03-02