Articles and Blogs

In the past few weeks, the National Labor Relations Board (“Board”) has issued several crucial decisions impacting union elections in the health care setting. At the close of April 2020, the Board declined to find that COVID-19 justified the stay of a union election at an acute care hospital. In its Order denying the... READ MORE

On June 12, 2020, CMS and the Office for Civil Rights of Health and Human Services (“HHS”) posted a display copy of a new final rule that implements Section 1557 of the Affordable Care Act (“ACA”)(“Final Rule”). This Final Rule supersedes significant portions of the current 2016 rule (“2016 Rule”) that interpreted and implemented... READ MORE

In a recent opinion, the Eleventh Circuit Court of Appeals addressed the employer’s and the employee’s responsibilities in relation to claims alleging a failure to accommodate religious beliefs. The employee in question worked for a hospital as a clinical technician (“CT”) in the Oncology Department, which typically required the CTs to work every other... READ MORE

On Monday, June 15, 2020, the U.S. Supreme Court resolved three cases addressing whether discrimination based on sexual orientation and gender identity is illegal under Title VII of the Civil Rights Act of 1964. The Court determined that they are. It, therefore, reversed the Eleventh Circuit’s decision in Bostock v. Clayton County and remanded... READ MORE

As expected COVID-19 related litigation steadily increases, a lawsuit recently filed in the Northern District of Indiana presents a novel approach regarding the potential applicability of the Families First Coronavirus Response Act (the “FFCRA”) to large employers who are otherwise not covered under the FFCRA. The employer, with more than 500 employees, was not... READ MORE

On May 18, 2020, Governor Whitmer issued Executive Order 91 (the “Order”), effectively creating an enforceable set of workplace standards applying to all businesses across the state.[i] In addition to standards set for all business, the new Order provides standards for workplace environments, such as offices and research laboratories.[ii] Per the Order, any Michigan... READ MORE

On May 11, 2020, U.S. Citizenship and Immigration Services published a policy memorandum providing temporary flexibility for physicians completing a J-1 waiver service obligation during the COVID-19 pandemic. The policy memorandum addresses the full-time work requirement and telehealth services for these physicians in light of the Public Health Emergency issued in response to the... READ MORE

Last week, we published the first article installment covering the HEA 1004 legislation, which was signed into law by Governor Eric Holcomb earlier this spring. HEA 1004 contains a number of sweeping health law changes in Indiana and goes into effect on July 1, 2020. Two Key Developments That You Will be Required to... READ MORE

The U.S.  Department of Labor (“DOL”) recently issued a new compliance assistance document that answers some of the frequently asked questions it has received during the COVID-19 pandemic regarding employer responsibilities and employee protections under the WARN Act. Any employer that was hoping for an official confirmation that the WARN Act notice requirements do... READ MORE

Earlier this spring and shortly before Indiana began to feel the brunt of the COVID-19 pandemic, the Indiana legislature passed, and Governor Eric Holcomb signed, House Enrolled Act 1004 (“HEA 1004“). HEA 1004 contains a number of sweeping health law changes in Indiana. Importantly, the law goes into effect on July 1, 2020. Two... READ MORE