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Wolters Kluwer

Hospital employer unlawfully discontinued anniversary step increases after CBA expired

News Source: Wolters Kluwer
Post Date: Tuesday - May 22, 2018 - 9:06am
By Brandi O. Brown, J.D. An employer acted unlawfully when it unilaterally discontinued anniversary step increases due to bargaining unit employees after the expiration of a collective bargaining agreement, ruled the D.C. Circuit. The court granted the NLRB’s application for enforcement of its order requiring the employer to resume the step increases and make affected employees ...
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‘Celebrity’ of employer no basis for entering confidential settlement of FLSA claims

News Source: Wolters Kluwer
Post Date: Tuesday - May 22, 2018 - 8:48am
By Ronald Miller, J.D. In a case characterized as raising an important question of whether defendants, solely due to their “notoriety or celebrity,” may enter confidential settlements of claims against them made under the FLSA, a federal magistrate in New York declined to recognize a “celebrity exception” to the general rule that FLSA settlements must be ...
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FLSA claim of RV tech who allegedly worked years in exchange for promise of a home will get trial

News Source: Wolters Kluwer
Post Date: Tuesday - May 22, 2018 - 8:42am
By Lorene D. Park, J.D. A federal district court in Colorado denied a trailer sales company’s motion for partial summary judgment against an FLSA minimum wage claim by an employee who allegedly worked, unpaid, for six years in exchange for the promise she claimed the owner made to transfer title to a home. The court rejected ...
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No right to class actions under NLRA; FAA means agreements enforced according to their terms

News Source: Wolters Kluwer
Post Date: Monday - May 21, 2018 - 3:29pm
By Ronald Miller, J.D. Finding that it has never read a right to class actions into the NLRA, a deeply divided U.S. Supreme Court has ruled that in the Federal Arbitration Act (FAA), Congress instructed federal courts to enforce arbitration agreements according to their terms—including terms providing for individualized proceedings. The court ruled 5-4 in an ...
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SCOTUS: No right to class actions under NLRA

News Source: Wolters Kluwer
Post Date: Monday - May 21, 2018 - 12:05pm
In one of the most significant employment decisions in years–and a critical blow to employees seeking to resolve employment disputes on a class or collective basis, or in a court of law, for that matter–a divided U.S. Supreme Court has held that the National Labor Relations Act (NLRA) does not endow employees with the right ...
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Kusserow on Compliance: A definition of health care compliance

News Source: Wolters Kluwer
Post Date: Monday - May 21, 2018 - 8:30am
A good starting point for meeting the obligations of a compliance officer’s position is to define health care compliance. This can be useful in developing plans and objectives for the program, as well as explaining the meaning to executive leadership and the board. Health care compliance is defined as adhering to laws, rules, regulations, and ...
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CNA was fired for suspected patient abuse, not for complaining about coworker

News Source: Wolters Kluwer
Post Date: Monday - May 21, 2018 - 8:25am
By Nicole D. Prysby, J.D. While Maine’s Whistleblower Protection Act (WPA) does not have a three-part burden-shifting approach like the McDonnell Douglas approach, the First Circuit noted that in the final analysis, the state-specific retaliation paradigm requires the same “quantum of proof,” and it found no error in a determination that a certified nursing assistant failed ...
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Massachusetts independent contractor law does not determine who is ‘employee’ for workers’ comp benefits

News Source: Wolters Kluwer
Post Date: Monday - May 21, 2018 - 8:17am
By Lorene D. Park, J.D. The Massachusetts’ independent contractor statute, G. L. c. 149, § 148B, does not determine whether an injured worker is an “employee” for the purpose of workers’ comp benefits under G. L. c. 152, ruled the Massachusetts Supreme Judicial Court. Consequently, the reviewing board of the Department of Industrial Accidents correctly applied ...
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EEOC to get trial on alleged effort to change racial ‘face’ of recruiting department

News Source: Wolters Kluwer
Post Date: Monday - May 21, 2018 - 8:14am
By Brandi O. Brown, J.D. In the EEOC’s suit alleging that Scion Dental repeatedly passed over an African-American temp for a permanent job as part of a plan to change the racial “face” of the department responsible for recruiting dentists to join the network for which the company administered benefits, a federal district court in Wisconsin ...
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Employee reinstated under CBA that offered greater benefits than workers’ comp law

News Source: Wolters Kluwer
Post Date: Friday - May 18, 2018 - 9:13am
By Ronald Miller, J.D. Finding that the state’s Workers’ Compensation Act (WCA) and a collective bargaining agreement were not mutually exclusive and could coexist, the Rhode Island Supreme Court reversed a trial court judgment which vacated an arbitration award reinstating an injured employee. Pointing to the parties’ freedom of contract, the state high court concluded that ...
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Transgender employees can sue state benefits administrator under Title VII

News Source: Wolters Kluwer
Post Date: Friday - May 18, 2018 - 9:08am
By Nicole D. Prysby, J.D. Transgender employees’ Title VII claims against the state entities administering health plans and deciding coverage may go forward, held a federal district court in Wisconsin. The employees sued their employer as well as the state entities responsible for administering benefits and deciding on coverage, alleging discrimination because the state employee health ...
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Lyft follows Uber’s lead to not require confidentiality, mandatory arbitration of sexual assault, harassment claims

News Source: Wolters Kluwer
Post Date: Friday - May 18, 2018 - 9:06am
By Pamela Wolf, J.D. Following the domino-like effect still playing out as a result of the #MeToo movement, Lyft has jumped onboard with an announcement that it is getting rid of confidentiality and mandatory arbitration requirements for passengers, drivers, and employees who raise sexual assault and sexual harassment claims. The move comes in the wake of ...
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Kusserow on Compliance: HIPAA enforcement update

News Source: Wolters Kluwer
Post Date: Thursday - May 17, 2018 - 8:30am
At the 2018 HCCA Compliance Institute HIPAA Policy and Enforcement Update, it was reported that since September 2009 through the end of 2017 there were 2178 reports filed with the HHS OCR involving breaches affecting 500 or more individuals. In addition to large breaches, there were over 300,000 reports of breaches of protected health information ...
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Fired prison health aide may have been ‘one too many pregnant workers’

News Source: Wolters Kluwer
Post Date: Thursday - May 17, 2018 - 7:58am
By Lisa Milam-Perez, J.D. Reviving a pregnancy discrimination claim brought by a prison medication aide who ostensibly was terminated for violating the protocol against fraternizing with inmates, the Tenth Circuit noted her supervisor’s angry lament that “I have too many pregnant workers,” as well as the shifting reasons for her discharge, among other factors, in concluding ...
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Events allegedly relegating EPA employee to ‘professional purgatory’ weren’t adverse actions

News Source: Wolters Kluwer
Post Date: Thursday - May 17, 2018 - 7:51am
By Kathleen Kapusta, J.D. Rejecting an EPA employee’s assertion that he was relegated to “professional purgatory” when his supervisors undermined his authority and placed barriers in his way by excluding him from a meeting where one of his projects was discussed, assigning a briefing paper to his subordinate rather than to him, and allowing one of ...
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