Labor and Employment

Subscribe to Labor and Employment RSS Feed

Department of Labor Issues Updated Families First Coronavirus Response Act Regulations, But Does Little To Resolve Employer Uncertainty (US)

The Families First Coronavirus Response Act (FFCRA) was enacted on March 18, 2020. The sweeping federal legislation provides emergency paid sick leave (EPSL) and expanded paid Family and Medical Leave (EFML) to certain covered workers impacted by the COVID-19 pandemic. On April 1, 2020, the U.S. Department of Labor (DOL) issued regulations implementing the FFCRA … Continue Reading

Public Records Show Agencies Are Vigorously Enforcing New COVID-19 Requirements Against Healthcare Providers

Since the COVID-19 outbreak began, healthcare providers have faced a slew of new regulatory requirements. As many healthcare providers know, enforcement agencies have taken starkly different approaches in terms of how often, and how vigorously, they enforce these requirements. Recent reports show, however, that agencies are closely enforcing workplace safety requirements relating to COVID-19, especially … Continue Reading

US Department of Labor Publishes Further Guidance Concerning Paid Sick Leave and Paid FMLA Leave under FFCRA; Finally Clarifies Small Business Exemption

Since the Families First Coronavirus Response Act (FFCRA) became law last week, the US Department of Labor (DOL) has been publishing and updating guidance concerning the public health emergency paid sick leave and emergency Family and Medical Leave Act (FMLA) leave required under the law.  See a summary here by Daniel Pasternak in our Employment … Continue Reading

For Employers: Coronavirus and US Safety and Health Law

The coronavirus, and the illness caused by the coronavirus, COVID-19, are dominating headlines, stock markets and daily conversation.  They are also raising many questions—and employers in the U.S. are facing one such critical question:  How do we help ensure the health and safety of our employees?  Squire Patton Boggs helps provide some answers here.… Continue Reading

Advisory Regarding Coronavirus Disease 2019 (COVID-19) Legal Issues in the US

While the coronavirus remains a developing situation, it has begun affecting the United States in major ways. With cases now reported throughout the U.S., every organization should have a plan of action in place concerning the coronavirus. While every business faces unique considerations, the following guidance should be considered as organizations are working to address … Continue Reading

Recent Court Decisions Create New Questions About Religious Accommodations for Healthcare Workers

Over the past two years, unique religious accommodation rules have created unexpected compliance obligations for healthcare entities. As we previously discussed , healthcare employees and government agencies have brought several claims recently challenging healthcare entities’ mandatory vaccination policies, and claiming that these entities must provide broader accommodations for employees’ religious beliefs. Last week, two court decisions … Continue Reading

Healthcare Employers: Exercise Caution When Enforcing Mandatory Vaccination Policies

Healthcare employers should consider a recent trend when determining what safety requirements to impose on their employees. Recent settlements between healthcare providers and the Equal Employment Opportunity Commission show that even employers in the healthcare industry must consider accommodating their employees’ religious beliefs when enforcing mandatory vaccination policies. On June 25, 2019, the EEOC announced … Continue Reading

Recent Case Provides Important Lessons For Buyers Acquiring Unionized Businesses

When healthcare entities are seeking to expand their operations, they often will find interesting targets who have union-represented employees.  A union’s presence will create additional compliance obligations but, contrary to common misconceptions, union-related obligations are not necessarily unmanageable. In a recent case, which arose after new owners took over a skilled nursing home facility, the … Continue Reading

What Employers Need to Know as Medical Marijuana Comes to Ohio

Employers need to be prepared to address issues with employees regarding possession and use of medical marijuana. What Does the Law Say? Ohio’s medical marijuana law, passed in 2016, permits patients with any of 21 specific medical conditions to purchase, use and possess medical marijuana in various forms (including certain dried plant material, oils and … Continue Reading

Recent Case Shows How Healthcare Entities Can Protect Themselves While Working With Outside Contractors, Temporary Labor, and Other Third Parties

The “joint employer” doctrine affects healthcare as much as nearly any industry. Healthcare entities frequently rely on outside labor to meet their objectives, such as by contracting with specialty medical providers, hiring temporary administrative staff to fill short-term vacancies, using outside vendors for routine custodial work and maintenance, or through myriad other relationships. In this … Continue Reading

DOL Issues Final Rule Expanding Access to Association Health Plans

On June 21, 2018, the US Department of Labor (DOL or the Department) published its final rule, amending the definition of “employer” under section 3(5) of the Employee Retirement Income Security Act (ERISA) to allow for the establishment of group or association health plans (AHPs) (Final Rule). Similar to a corresponding proposed rule issued earlier … Continue Reading

Corporate Health Exchanges: The Next Big Thing in the Obamacare Era?

Last Wednesday, September 18, 2013, Walgreen Company (“Walgreen”) announced its plan to move approximately 160,000 employees to Aon Hewitt’s private health exchange (the “Aon Exchange”) in 2014. This move marks a significant decrease in risk for Walgreen as the company will shift to a defined contribution model for funding its employees’ health insurance. Under the … Continue Reading

NLRB Settles Case Over Employee's Facebook Comment

Earlier last year, the National Labor Relations Board filed a complaint against a company for firing an employee who criticized her supervisor on her personal Facebook page.  The employee was terminated for violating of the company’s policy prohibiting employees from portraying the employer negatively or disparaging co-workers or supervisors on social media.  The employee, an emergency … Continue Reading

Wage & Hour

In 2010, U.S. Department of Labor’s Wage and Hour Division (DOL) announced that two out of three healthcare employers audited in New York were not in compliance and undertook to actively investigate wage and hour issues for these healthcare entities.  In addition to increased government enforcement, the healthcare industry has become an attractive target for private … Continue Reading

Unions Aggressively Target Health Care Industry

Earlier this year, the Bureau of Labor indicated that “the healthcare industry is not heavily unionized.”  However, with health care expected to “generate 3.2 million new wage and salary jobs between 2008 and 2018,” organized labor or unions have aggressively targeted the industry.  A study conducted by IRI Consultants for the American Society for Healthcare … Continue Reading
LexBlog