Articles and Blogs

One Last Chance or Set Up to Fail? Faced with an underperforming employee, an employer will often give the employee a chance to prove himself one last time before termination.  Sometimes that approach can backfire if not done carefully – especially if the employee can claim some legal protection – like using FMLA.

CMS Issues 2013 Hospital Outpatient Rule Final Rule On November 1, 2012, CMS finalized the Hospital Outpatient Prospective Payment System (“OPPS”) and Ambulatory Surgical Center (“ASC”) rule.  The 2013 final rule updates Medicare payment policies and rates for hospital outpatient and ASC services beginning January 1, 2013.

OFCCP Lacks Jurisdiction over TRICARE The health care industry scored a significant litigation victory over OFCCP recently when the Administrative Review Board (ARB) ruled that Florida Hospital of Orlando’s TRICARE network agreement did not cause it to be a covered subcontractor subject to OFCCP’s affirmative action rules.  The ruling overturns an earlier Administrative Law Judge (ALJ)…Read More

In anticipation of Election Day, Tuesday, November 6, employers should be aware that Wis. Stat. § 6.76(1) provides employees up to three consecutive hours (during which the polls are open) off to vote. The employee must request the time off before Election Day, and the employer may specify the actual hours during which the employee is…Read More

The NLRB Offers Some Advice The NLRB Acting General Counsel Lafe Solomon today (October 31, 2012) released an analysis of at-will employment clauses in two employee handbooks, finding that both are lawful under the National Labor Relations Act.  This analysis, contained in two separate Advice Memoranda, will help guide employers in determining whether their Employment-at-Will…Read More

What’s Your Password? Social networking and social media  have certainly been in the HR headlines recently. The NLRB’s aggressive approach to these issues has given private employers headaches in trying to figure out what they can require of their employees when it comes to social media.  Now some states are getting involved.  And this may be the start of…Read More

Effective November 1, 2012, 2011 Wisconsin Act 160 (the “Act”) creates a licensure process for anesthesiologist assistants practicing in Wisconsin who, since 1980, have practiced under delegated authority.  A copy of the Act is available on the Wisconsin Legislature’s website.

NLRB Adopts ALJ Decision Finding Employer “Courtesy” Policy to Be Unlawful Last Fall, an Administrative Law Judge for the NLRB issued one of the first opinions addressing social media in the workplace.  The ALJ’s decision addressed two separate social media issues in what you may recall as the “hot dog cart” case or the “Land…Read More

On September 19, 2012, the Indiana Court of Appeals issued its opinion in Columbus Regional Hospital vs. Clyde Amburgey.  The Court allowed plaintiff to proceed against the Hospital for the actions of physicians on staff as apparent agents even though the physicians were not named in the lawsuit.  The court found a material issue of…Read More

Who Is a Supervisor? – The NLRB Gets It Wrong If a person is a “supervisor” then that person is considered management, and under the NLRA that supervisor cannot be part of a union bargaining unit.  Deciding who is a supervisor can have significant consequences for employers – especially when it comes to union organizing. …Read More