Articles and Blogs

As we reported in a previous article, the Third Circuit recently decided in Doe v. Mercy[1] that: 1) the medical residency program of the facility being sued in that case was an “educational program or activity” under Title IX; and 2) the medical resident had standing to sue under Title IX even though the... READ MORE

It is no secret that physician recruitment in rural areas can be challenging for hospitals and other health care entities. Though some doctors may be drawn to living in areas with less hustle and bustle, many prefer areas with larger populations and more opportunities. Rural health care needs are sometimes difficult to address, but... READ MORE

U.S. Citizenship and Immigration Services (“USCIS”) announced on July 24, 2017 that it would resume premium processing for certain cap-exempt H-1B petitions effective immediately. Premium processing allows petitioners to pay a fee to receive a decision from USCIS within 15 calendar days. Without premium processing, wait times can extend for long periods, which delays... READ MORE

All employers know that the U.S. Department of Labor (“DOL”) is the agency responsible for enforcement of the Fair Labor Standards Act – the federal law establishing minimum wage and overtime requirements for nearly every employer in the country. What you may not know is that the DOL can audit your workplace with or without... READ MORE

On June 27, in an anticipated move, the U.S. Secretary of Labor Alexander Acosta announced that the Department of Labor (“DOL”) will reinstate the issuance of opinion letters. The letters were a practice of the DOL for more than 70 years until 2010 when they were eliminated during President Obama’s administration in favor of... READ MORE

On May 25, 2017, the Michigan Supreme Court dealt another blow to medical providers seeking payment for services provided to individuals injured in car accidents in Michigan. In the opinion, the court held that a medical provider does not have standing to bring a claim against a no-fault insurer for the payment of personal... READ MORE

The Supreme Court of the United States (“SCOTUS”) ruled on Monday, June 5, 2017 that retirement plans maintained by religiously affiliated hospitals meet the definition of a church plan under the Employee Retirement Income Security Act of 1974, as amended (“ERISA”). As church plans, they are not subject to ERISA’s rules and regulations unless... READ MORE

On May 26, 2017, the U.S. Court of Appeals for the Sixth Circuit issued a decision (NLRB v AEI) holding that an employment agreement provision requiring arbitration of employment disputes, but prohibiting class action or other multiple-employee arbitrations, is unlawful. The court upheld a National Labor Relations Board order striking down the provision. Employees were... READ MORE

On Tuesday, April 4, 2017, the Court of Appeals for the Seventh Circuit ruled that Title VII prohibits discrimination based on sexual orientation. This contradicts a recent Eleventh Circuit ruling[1]—not to mention longstanding Seventh Circuit precedent—which means that this issue could eventually land before the Supreme Court. Background Title VII is a federal law... READ MORE

President Obama’s controversial Fair Pay and Safe Workplaces Executive Order 13673 (aka the “blacklisting” rule) has been eliminated. That means federal contractors will not be required to report labor violations as part of their federal contract bidding process. The related paycheck transparency requirements and prohibition against pre-dispute arbitration clauses related to Title VII claims... READ MORE