Archives: Labor and Employment

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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

What is the Market Rate for My Specialty?

This question may be asked for a variety of reasons. Is it time to renew an employment agreement with your group practice? Does your group practice need a basis to make an offer to a prospective physician? Or, as is often the case these days, are you wondering what a hospital might pay or do … 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
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