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5 Takeaways on Managing Challenging Physician Employment Situations

Jackson Lewis P.C. • December 09, 2018
What should (or can) you do if a locally recognized “Best Physician” throws a scalpel in the direction of a nurse during surgery? What are a CMO and CNO’s obligations to investigate when he/she learns there is a “situation” between a doctor and a nurse? How do you balance patient safety and compliance with anti-discrimination laws when the medical staff revokes an impaired physician’s privileges?

OIG Continues Criticism of OSHA’s Severe Reporting Initiative

Jackson Lewis P.C. • December 09, 2018
In September, the Office of Inspector General (OIG) issued a draft report criticizing OSHA for not having appropriate controls in place to ensure employers report severe injuries and abate hazards. The September OIG report recommended to OSHA that the agency develop formal guidance and train staff on how to detect and prevent underreporting, consistently issue citations for late reporting, clarify some of its guidance and emphasize the need to conduct inspections for all incidents classified as Category 1.

Beltway Buzz, December 7, 2018

Ogletree Deakins • December 09, 2018
Shutdown Shelved (For Now). In a rare demonstration of unity, Congress punted on this week’s government funding debate out of respect for the funeral of President George H.W. Bush (more on the former president’s legacy below). The two-week continuing resolution will avoid a partial government shutdown today and extend funding until December 21, 2018. Whether this unity will last, however, is doubtful, as funding for President Trump’s desired border wall still remains a major issue.

Employers’ New Year’s Resolutions: 5 Ways to Update Your Employee Handbook by Year’s End

Ogletree Deakins • December 09, 2018
How long has it been since your organization updated its employee handbook? It’s time to brush off any layers of dust that have accumulated over the years and make it a priority to conduct a review prior to the year’s end. This article highlights five evolving areas employers can focus on now to start the quickly-approaching new year off on the right foot.

DHS Proposes H-1B Registration System and Creates Uncertainty Heading Into Cap Season

Ogletree Deakins • December 09, 2018
On December 3, 2018, the U.S. Department of Homeland Security (DHS) introduced a new plan that would require employers to pre-register all potential H-1B candidates for selection in the H-1B lottery. Pursuant to the proposal, an employer would be permitted to submit an H-1B petition only on behalf of a candidate whose registration was selected by U.S. Citizenship and Immigration Services (USCIS). DHS believes that the registration system will streamline the H-1B application process by limiting the total number of petitions filed by employers and adjudicated by USCIS. DHS hopes to have the new registration process operational by the start of cap season on April 1, 2019. The proposal does, however, include a provision that allows USCIS to delay implementation if the registration system is not yet ready.

Self-Driving Trucks and Labor Law—A Look Ahead

Littler Mendelson, P.C. • December 09, 2018
Welcome to the future: The year is 2020 and an organized—i.e., unionized trucking company—“L2M2” has announced it is acquiring a convoy of autonomously powered—i.e., “self-driving”—transportation vehicles.

Paying Out a Year-End Bonus or an Incentive Payment: Can an Employer Withhold the Money from the Employee Who Took FMLA Leave?

Franczek Radelet P.C • December 09, 2018
It’s the end of the year, which means bonus time.

It’s a Wonderful Time of Year! Let’s Keep it That Way!

Goldberg Segalla LLP • December 09, 2018
Holiday plates overflow, we are more stressed, tired, rushed, and a little inclined to cut corners and bend a few rules. Although there tend to be fewer work accidents this time of year, it is no time to ignore those basic practices we rely on all year round to ensure those around us make it home safely to enjoy the holiday.

2019 Minimum Wage Rate Increases: The List Grows

Jackson Lewis P.C. • December 09, 2018
While the federal minimum wage has remained stalled at $7.25 an hour since 2009, there has been significant movement at the state level, with some states enacting a minimum wage rate that is now more than double the federal level.

Fired For Having An Abortion: Is That Sex Discrimination?

Brody and Associates, LLC • December 09, 2018
Early last month, a federal district court in Florida held employment discrimination based on having or not having an abortion might lead to a recognizable claim of sex discrimination under Title VII. While the law is certainly not settled on this issue, we can see a certain trend emerging.

Illinois Employers - Update Your Expense Reimbursement Policies

Franczek Radelet P.C • December 09, 2018
There’s nothing like a looming deadline to prompt action. Back in August, Governor Rauner signed into law an amendment to the Illinois Wage Payment and Collection Act that, for the first time, requires Illinois employers to reimburse employees for reasonable expenditures or losses required in the course of their employment duties and that primarily benefit the employer. Because the new law takes effect January 1, 2019, we’ve been receiving quite a few questions from employers about what they should be doing to comply. Right now, there is very little guidance on how the statute will be interpreted by the Illinois DOL or the courts, so anything we can say at the moment is provisional. With that caveat, here are a few preliminary “dos” and “don’t’s”:

The New Missouri Minimum Wage: What Employers Need to Know by January 1

Ogletree Deakins • December 09, 2018
Missouri voters have been heard: the state’s minimum wage is on the rise. On November 6, 2018, Missouri voters approved Proposition B, a measure that proposed an increase to the current state minimum wage of $7.85 per hour. The minimum wage will now rise each year until it reaches $12.00 per hour.

Michigan’s Senate and House of Representatives Adopt Changes to the Paid Sick Leave Act

Ogletree Deakins • December 09, 2018
On December 4, 2018, the Michigan Senate and House of Representatives passed the Paid Medical Leave Act, which makes wholesale changes to the state’s paid sick leave proposal and is on its way to Governor Rick Synder for his signature. On September 5, 2018, the two chambers adopted a citizen-initiated paid leave ballot proposal. This action removed the paid sick leave initiative from the November 2018 general elections ballot and allowed the Michigan Senate and House to craft changes that protect the core concept of paid leave while making the law less administratively difficult for Michigan employers. For example, the substitute bill limits the scope of coverage, reduces the level of benefits, and alleviates the administrative burdens of the ballot initiative.

Massachusetts Ban the Box 2018: Further Amendments to Criminal History and Hiring Law

Ogletree Deakins • December 09, 2018
On October 13, 2018, the Massachusetts legislature amended the state’s Criminal Offender Record Information (CORI) law. Many other U.S. territories and localities have passed ban-the-box laws over the last decade that limit employer inquiries into an applicant’s criminal history. Massachusetts initially adopted ban-the-box legislation in August 2010.

Salary History Law Trend Continuing as 2018 Draws to a Close

XpertHR • December 09, 2018
Suffolk County, New York has become the latest locality to enact a law banning employers from asking job applicants about their salary history or relying on their salary history at any stage in the hiring process. The salary history inquiry ban takes effect June 30, 2019, and also extends to benefits.

Day One – Dynamex to Dominate Legislative Discussion in California in 2019

Fisher Phillips • December 09, 2018
December 3 was the first day of the new legislative session in California. It was a day of festivities and ceremony, as new members were sworn into office and Democrats had their first taste of the “super-duper majority” dominance in both houses of the legislature.

Massachusetts Poised To Up The Ante In Labor Disputes Amid 6-Month Lockout

Fisher Phillips • December 09, 2018
Massachusetts legislators have taken steps to immediately enhance the Commonwealth’s unemployment compensation regime for locked-out employees of gas and electric companies. In light of the 6-month standoff at National Grid, the gas and electric utility that serves much of Massachusetts, the House of Representatives just passed a bill today that would extend an employee’s unemployment eligibility indefinitely for the duration of any lockout, with their employer footing 100 percent of the cost. Where do we expect this legislation to go from here, and what do Massachusetts employers need to know about this development?

Non-Compete News: Is a Non-Solicitation of Employees Provision Enforceable in California?

FordHarrison LLP • December 09, 2018
Executive Summary: Last month, California’s Fourth District Court of Appeal issued AMN Healthcare, Inc. v. Aya Healthcare Servs., Inc., 28 Cal. App. 5th 923 (Cal. Ct. App. 2018), a decision calling into question the validity of non-solicitation of employees a/k/a anti-piracy provisions in California. Prior to this decision, California’s Supreme Court had left open the issue of whether anti-piracy provisions were enforceable. Arguably, there now exists a split in authority in California with regard to the enforcement of these provisions, although this recent decision may be construed narrowly to its context: staffing companies.
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