Articles and Blogs

States and the federal government are currently expanding laws intended to protect health care workers against workplace violence or raise the penalties for causing harm to health care workers. Workplace Violence Workers in health care settings often face the risk of workplace violence as a result of their interaction with patients and clients. While... READ MORE

The USDA Hemp Producer License Rule and Framework On October 31, 2019, the United States Department of Agriculture (“USDA”) published an interim final rule[1] with request for comments in the Federal Register regarding hemp production (“USDA Hemp Rule” or the “Interim Final Rule”).[2] The USDA Hemp Rule establishes a federal hemp producer license and... READ MORE

We previously wrote about the “quickie” election rules here. On December 13, 2019, the NLRB released new election rules that significantly dialed back several previous amendments. Under the quickie election rules, or “Old Rules,” the median number of days from petition to election had decreased by a total of approximately 15 days.[1] Union Election... READ MORE

This week, the Equal Employment Opportunity Commission (“EEOC”) rescinded a nearly 22-year-old policy opposing mandatory arbitration agreements in employment discrimination disputes imposed as a condition of employment. The 1997 Policy In 1997, the EEOC took the position that “agreements that mandate binding arbitration of discrimination claims as a condition of employment are contrary to... READ MORE

Is judicial approval required for accepted Rule 68(a) offers of judgment in Fair Labor Standards Act (“FLSA”) cases? The U.S. Court of Appeals for the Second Circuit recently said “no” and, in doing so, contradicted at least part of a longstanding view that settlement of all FLSA matters requires either approval by the U.S.... READ MORE

On November 6, the Sixth Circuit Court of Appeals clarified the standard to establish a claim under the “regarded as” prong of discrimination under the Americans with Disabilities Act (“ADA”) and explained the type of evidence that supports an inference that an employer’s reasons for an employee’s termination are “pretextual” and actually motivated by discrimination. Factual Background A nurse anesthetist, Paula E. Babb, insisted her former employer... READ MORE

In more happy news for the health care industry, the Office of Federal Contract Compliance Programs (“OFCCP”) is proposing to amend its regulations concerning its jurisdiction over health care providers that participate in TRICARE. The amendments would revise OFCCP’s regulatory definition of “subcontractor . . . to exclude health care providers with agreements to... READ MORE

On November 6, 2019, a federal judge sitting in the Southern District of New York voided the U.S. Department of Health and Human Services (“HHS”) Final Conscience Rule (“Conscience Rule”) set to take effect November 22, 2019.[1] In its ruling, the Court vacated the Conscience Rule in its entirety nationwide. A federal judge sitting... READ MORE

Health care providers who staff for safety-sensitive positions should take notice of a Seventh Circuit appeals panel ruling on October 29, 2019, that an obese applicant cannot claim a violation of the Americans with Disabilities Act for an employer’s rejection of him over concerns about future possible health conditions and related safety concerns arising... READ MORE

This fall, a string of state laws limiting the enforceability of noncompete agreements with low-wage workers are beginning to take effect. Six states have passed such laws this year, following a trend that started in Illinois and Massachusetts, including Maine (effective September 19, 2019), Maryland (effective October 1, 2019) and New Hampshire (effective September... READ MORE