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Wolters Kluwer

After Tyson, 6th Circuit reconsiders, again affirms certification of collective action and representative testimony at trial

News Source: Wolters Kluwer
Post Date: Friday - June 23, 2017 - 10:00am
By Kathleen Kapusta, J.D. and Lisa Milam-Perez, J.D. Responding to the Supreme Court’s grant, vacate, and remand order, which had vacated the appeals court’s prior opinion and remanded for further consideration in light of Tyson Foods, Inc., v. Bouaphakeo, the Sixth Circuit found that Tyson did not compel a different resolution and Tyson’s ratification of the ...
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Threatened discharge supports claim that exec’s contract rescission was signed under duress

News Source: Wolters Kluwer
Post Date: Friday - June 23, 2017 - 9:57am
By Lisa Milam-Perez, J.D. A company executive who had to sign a “mutual rescission” terminating his 10-year employment contract and accept new at-will employment terms that stripped him of his retirement bonus, or else be fired for cause, convinced the Eighth Circuit that the rescission was the product of duress, and was voidable under Nebraska law. ...
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EEOC’s failure to show transfer affected employment opportunities dooms Title VII ’segregation’ claim

News Source: Wolters Kluwer
Post Date: Friday - June 23, 2017 - 9:55am
By Kathleen Kapusta, J.D. Rejecting the EEOC’s “novel legal argument” that under 42 U.S.C 2000e-2(a)(2)—an infrequently litigated Title VII provision that employers may not “limit, segregate, or classify” their employees by protected characteristic—a plaintiff is not required to prove a challenged employment action adversely affected his employment opportunities or status, the Seventh Circuit found this argument ...
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Denying union reps access to hospital cafeteria was unlawful change in past practice

News Source: Wolters Kluwer
Post Date: Friday - June 23, 2017 - 9:41am
By Ronald Miller, J.D. Substantial evidence supported the NLRB’s determination that a hospital acted unlawfully by interfering with nonemployee union representatives’ use of its public cafeteria on three separate dates, ruled a divided Eighth Circuit in a 2-1 decision. The hospital had a past practice of allowing the nonemployee reps to use the cafeteria so long ...
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340B a small program with tricky compliance field

News Source: Wolters Kluwer
Post Date: Friday - June 23, 2017 - 6:56am
Although drug spending under the 340B program is a small fraction of drug spending in the country overall, compliance remains important for all entities involved: hospitals, pharmacies, and manufacturers. In a Health Care Compliance Association webinar entitled “340B Program: Finding Clarity in Uncertain Times,” presenters Karolyn Woo and Tony Lesser, both from Deloitte & Touche ...
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NLRB abused its discretion by counting vote where voter intent unclear

News Source: Wolters Kluwer
Post Date: Thursday - June 22, 2017 - 8:47am
By Kathleen Kapusta, J.D. Declaring it impossible to divine the intent of a voter who produced a “hopelessly unclear ballot” in a union election, the Seventh Circuit found the NLRB abused its discretion by counting the vote. Further, the Board erred in dismissing as moot the union’s challenge to a second disputed vote, said the appeals ...
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Suspending employee on return from FMLA leave, firing her after skipped meeting, not retaliation

News Source: Wolters Kluwer
Post Date: Thursday - June 22, 2017 - 8:43am
By Marjorie Johnson, J.D. Though the timing of adverse actions taken against an administrative assistant was suspicious—as she was suspended for purported misconduct the day she returned from her FMLA leave and fired after she skipped her disciplinary meeting—she was unable to revive her FMLA retaliation claim. She may have disagreed with the decision, but there ...
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Trump picks OSHRC counsel for NLRB, FLRA chair for DOL

News Source: Wolters Kluwer
Post Date: Thursday - June 22, 2017 - 8:33am
By Pamela Wolf, J.D. On June 19, President Trump announced his choice of Marvin Kaplan to be a Member of the National Labor Relations Board for the remainder of a five-year term expiring August 27, 2020, and Patrick Pizzella to be Deputy Secretary of Labor. Marvin Kaplan. Kaplan is currently the Chief Counsel of the Occupational Safety ...
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Kusserow on Compliance: OCR has a record number of significant settlements so far in 2017

News Source: Wolters Kluwer
Post Date: Thursday - June 22, 2017 - 8:30am
The HHS Office for Civil Rights (OCR) has posted about 2,000 major breaches and more than a quarter million small breaches since 2009. The common denominator for many of the cases in which there was a settlement was that the covered entity or business associate (BA) suffered one or more breaches affecting more than 500 individuals ...
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Webinar gives tips on navigating physician peer review process

News Source: Wolters Kluwer
Post Date: Thursday - June 22, 2017 - 6:56am
Hospitals and compliance officers should know the reporting requirements of the Health Care Quality Improvement Act (HCQIA) (42 U.S.C §11101 et seq.) and be “very strict” in complying with the four standards to obtain immunity from damages. In a Health Care Compliance Association webinar entitled, Physician Peer Review: 10 Steps to Navigating the Process, Theresamarie ...
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Creative forces behind fictional crime fighters—and the EEOC—are on the case in advancing equality for women in Hollywood

News Source: Wolters Kluwer
Post Date: Wednesday - June 21, 2017 - 1:35pm
The impressive box-office performance of the new Wonder Woman movie, the recent success of two female stars of a long-running network television series in negotiating pay increases on par with their male counterparts, and reports earlier this year that the EEOC is in settlement talks with the major studios to resolve charges that they systemically ...
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ADEA’s 20-employee minimum does not apply to political subdivisions

News Source: Wolters Kluwer
Post Date: Wednesday - June 21, 2017 - 10:14am
By Kathleen Kapusta, J.D. Disagreeing with four of its sister circuits, which found the statutory provision at issue here ambiguous, the Ninth Circuit held that a political subdivision of a state need not have 20 or more employees in order to qualify as an employer under the ADEA. In reversing the district court’s conclusion that the ...
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Chevron’s alleged attempt to ‘contract around the FLSA’ survives first challenge by employees

News Source: Wolters Kluwer
Post Date: Wednesday - June 21, 2017 - 10:12am
By Ronald Miller, J.D. Well-site managers for Chevron lacked standing to challenge the enforceability of Master Service Agreements (MSAs) entered into between a staffing agency, Cenergy, and corporate entities the employees formed through which they received their wages, ruled a federal district court in California. The employees alleged that Chevron attempted to “contract around the FLSA,” ...
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Father’s EEOC charge challenges disparity in J.P. Morgan’s paid parental leave policy

News Source: Wolters Kluwer
Post Date: Wednesday - June 21, 2017 - 10:04am
On June 15, a J.P. Morgan Chase & Company fraud investigator filed an EEOC discrimination charge claiming that the company discriminated against him and other fathers by denying fathers paid parental leave on the same terms as mothers, his lawyers announced. The complainant is the father of two young children, including a two-year old and ...
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DOJ switches sides in NLRB class action waiver cases

News Source: Wolters Kluwer
Post Date: Wednesday - June 21, 2017 - 9:58am
By Pamela Wolf, J.D. The National Labor Relations Board, an independent federal agency, has been authorized to represent itself on its writ of certiorari challenging class action waivers in employment arbitration agreements. Not only is the NLRB on its own in the case, but the Department of Justice’s Office of the Solicitor General is taking an ...
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