Articles and Blogs

According to long standing NLRB doctrine, in healthcare facilities, restrictions on wearing non-official buttons and insignia in immediate patient care areas are valid. But if there is selective enforcement of the restrictions singles out union related buttons and insignia then there is a problem unless the hospital can show that the restriction was “necessary to…Read More

A Common Scenario Sometimes, as a matter of convenience, an employee may request that a portion of his or her paycheck be deducted and applied toward a debt or other obligation.  For example, the employee might ask that insurance premiums be deducted  – or charitable contributions – or the cost of purchases from the employer. …Read More

In a recent informal discussion letter, the EEOC responded to an employer’s inquiry about the application of Title VII of the Civil Rights Act to health care workers’ requests for exemption from an employer-mandated flu vaccination program. In a lengthy response EEOC’s Legal Counsel, Peggy Mastroianni, references several prior EEOC publications addressing relevant legal standards. …Read More

The National eHealth Collaborative will host a 1 hour discussion with Claudia Williams, Director of the State HIE Program at ONC to discuss the recently released national HIE strategy.  The discussion will take place tomorrow (May 2) at 3:30 PM EDT.  The national HIE strategy can be viewed here.  To register for the program click…Read More

The EEOC on April 25, 2012 issued its Enforcement Guidance, updating its previous position on an employer’s use of arrest and conviction records in making employment decisions.  The Enforcement Guidance was issued without prior public comment and does not have the force of law, but it does indicate where the EEOC will likely head when charges…Read More

Last week, the Office of Federal Contract Compliance Programs (“OFCCP”) addressed the status of TRICARE-based affirmative action compliance reviews during an agency conducted webinar.  The webinar was in response to the recent passage of the National Defense Authorization Act (“NDAA”), which included language confirming that TRICARE network providers would not be considered federal subcontractors for…Read More

On April 26, 2012, Corporate Communications at National Government Services, Inc. issued the following statement: “Recently, the Region B Medicare Recovery Audit Contractor (RAC), CGI Federal, announced that ‘Based on a technical error discovered, CGI finds the Rituximab edit, an automated take back, was disallowed in error. Therefore, CGI reverses the original decision on all…Read More

In a speech delivered at an educational conference on April 19, Lois Lerner, Director of the Exempt Organizations Division at the Internal Revenue Service (“IRS”), reported the preliminary findings from an analysis of governance practices of exempt organizations and signaled that good governance will continue to be a focal point for the IRS.  The findings…Read More

In a memo issued today, NLRB Acting General Counsel Lafe Solomon outlined in detail how regional offices will implement new representation case procedures that take effect on Monday, April 30. The guidance covers the entire representation case process from beginning to end, incorporating to the extent necessary the new rules and the procedures that remain…Read More

The Federal Court in the Southern District of Ohio dismissed a debtor’s claim against Reid Hospital, in Richmond, Indiana, and one of its employees, under the Fair Debt Collections Practices Act (“FDCPA”). The Court found that the Hospital was a creditor to whom the Plaintiff owed a debt, and therefore could not be held civilly…Read More