Health Employment And Labor labor and employment law for the healthcare industry

Category Archives: Employment Training, Practices & Procedures

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Termination “without Cause” – - It’s not Necessarily Termination “without Fault”

Historically, health care provider employers and employees have tended to use termination “without cause” as a proxy for termination “without fault.” That is, in the traditional physician employment agreement, there may be one set of consequences if the agreement is terminated “with cause,” and another, different set of consequences if the agreement is terminated “without… Continue Reading

Take Five – Labor and Employment Views You Can Use

“Take 5: Views You Can Use - April 2012,” written by David W. Garland, a Member of the Firm in Epstein Becker Green’s New York and Newark  Offices, discusses a number of topics relevant to employment in the health care industry.        The April 2012 issue covers employer’s requests for Facebook access, a new EEOC publication on the rights of disabled… Continue Reading

Weight Discrimination In The Workplace May Be Legal, But Is It a Sound Business Practice?

Written by: Greta Ravitsky  A Texas hospital has recently been the subject of much media coverage due to its controversial hiring policy that bars overweight applications from consideration.  Per the hiring policy, which was instituted last year at the Citizens Medical Center in Victoria, the hospital would only consider potential employees with a body mass… Continue Reading

Physician Data Mining- Fair Credit Reporting Act Compliance

It is readily apparent that electronic media and the internet are making it much easier to collect, organize and maintain data regarding individuals in our society. This is as true with respect to health care employees, and physicians in particular, as it is of anyone else. Information about physicians’ conduct, publications, and interactions with industry,… Continue Reading

FTC Warns That Background Searches via Mobile App May Violate the Fair Credit Reporting Act

 by Jeffrey M. Landes, Susan Gross Sholinsky, Steven M. Swirsky, and Jennifer A. Goldman On January 25, 2012, the Federal Trade Commission (“FTC”) sent warning letters to three companies that market, in total, six mobile phone applications (“Apps”) that provide users with background check reports. In the warning letters, the FTC states that the Apps… Continue Reading

2012 HEAL Briefings for Healthcare and Wellness Executive and HR Professionals – EBG Atlanta Office

A monthly breakfast law briefing and networking series specifically  designed for health care and wellness company executives and human resources professionals.  This informative series will address labor and employment issues during these challenging times and offer solutions. For additional information and to register,  contact Carla Llarena or by tel: (404) 869-5363. February 8, 2012  Today’s OSHA: What Healthcare… Continue Reading

Disruptive Behavior: Abuse in the Healthcare Environment

by Pamela D. Tyner Physicians and healthcare workers devote years to improving the quality of their patients’ lives.  Despite the Hippocratic code and compulsory non-retaliation policies, incidents of disruptive behavior from physicians and healthcare workers, though largely shielded from the general public, continue to frequently surface internally at healthcare environments.  Amidst recent jarring headlines of workplace… Continue Reading

Union Posting Rule Postponed Three Months

On August 30, 2011, the National Labor Relations Board (the “Board”) issued a highly controversial and very pro-labor rule requiring employers to post notices informing employees of their right to join or form a union.  The rule was originally supposed to go into effect in November, but was subsequently pushed back to January 31, 2012 as a… Continue Reading