Tag Archives: employers

That Persnickety and Persistent NLRB

As has been reported in previous editions of the Health Law Update, National Labor Relations Board (NLRB)-watching now is a required activity for all employers—union and nonunion alike. On February 25, 2014, NLRB General Counsel Richard Griffin published a list of substantive questions that must be submitted to the Division of Advice in Washington, D.C., … Continue Reading

Illinois Supreme Court Upholds One of the Nation’s Strictest Worker Misclassification Laws; Employers May Face Millions of Dollars in Penalties

Editor’s Note:  This post originally appeared on BakerHostetler’s Employment Law Spotlight blog. Worker misclassification is now a bet-the-company issue. On February 21, 2004, the Illinois Supreme Court rejected a constitutional challenge to Illinois’s Employee Classification Act (the ECA), a law that defines most individuals who perform construction-related services as employees of the company that retains … Continue Reading

Pregnant Employees Become the Subject of Heightened Attention and New Legislation

Editor’s note:  This post originally appeared on BakerHostetler’s Employment Law Spotlight blog. Over the past decade, the number of claims pregnant workers have filed with the Equal Employment Opportunity Commission (EEOC) has risen by almost 50 percent, according to the National Women’s Law Center (NWLC).  Most of these workers assert that their employers denied them … Continue Reading

Academic Medical Centers: Musings on the Lives of College Football Players and Hospital House Staff

It has been said that there is a fine line between genius and insanity – both are marked by their ability to see connections where others see only differences.  The recent filing of a representation petition on behalf of Northwestern University football players has been received with much shrugging of shoulders. (NLRB Case 13-RC-121359). The … Continue Reading

Employer Shared Responsibility Final Regulations Offer Partial Temporary Enforcement Relief

Editor’s Note:  This post originally appeared in BakerHostetler’s Health Care Reform executive alert. Enforcement of the employer shared responsibility provisions of the Affordable Care Act (ACA) has been further delayed for employers with between 50 and 99 full-time equivalent employees and temporarily eased for employers with 100 or more full-time equivalent employees. The relief was announced on February … Continue Reading

Internship Programs: Rite of Passage, or Right to Pay? The Issue Deserves Continued Monitoring by Employers

Editor’s Note:  This post originally appeared on BakerHostetler’s Employment Law Spotlight blog. With the start of the New Year, many employers are gearing up for their internship programs, which often coincide with academic semesters and summer recesses beginning in May.  Such programs, though, have become a source of much attention in the media, courts, state … Continue Reading

Tell Me About Your Family. On Second Thought, Don’t Tell Me

Founders Pavilion, Inc., a skilled nursing facility, sent prospective employees for preemployment physicals. As part of the physicals, an independent physician requested the prospective employee’s family medical history as part of the physician’s post-offer, preemployment medical exams protocol. However, the Genetic Information Nondiscrimination Act (GINA) prohibits employers from requesting genetic information or making employment decisions … Continue Reading