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Articles, Interviews and Statistics for the Healthcare Executive
Matt Lynch, Shareholder, Sebris Busto James

Employers Need to Review Their Handbooks and Policies Now
to Avoid NLRB Scrutiny


By Matt Lynch
Shareholder
Sebris Busto James


As you may know, the National Labor Relations Board (NLRB) has been busy rewriting the rules on union organizing, employee use of e-mails, NLRB jurisdiction and workplace investigations. The latest salvo impacting hospitals' day-to-day operations is the March 18, 2015 issuance of the NLRB General Counsel’s Memorandum GC 15-04 ("GC Memo" or "Memo"), which outlines employer handbook policies and rules that NLRB investigators and regional offices will consider to be lawful and unlawful under the National Labor Relations Act ("NLRA"). The GC Memo pertains to policies and rules that are often found in employee handbooks in both union and non-union workplaces. NLRB review of such policies often arises because a discharged employee may seek reversal of the discharge, or because a union that has lost a representation election seeks to overturn the loss by claiming the employer maintained employer policies that hindered union organizing.  Read article
Physician under duress

Peer Support Programs Give Critical Care to Providers


By Melissa Parkerton, Director for Early Discussion and Resolution, Oregon Patient Safety Commission

Healthcare providers involved in serious adverse events can experience a painful array of emotions that may include fear, grief, shame, and anger. While these emotions may be magnified when patients are harmed by an adverse event, they can be triggered even in cases where a provider did not deviate from the standard of care. After an adverse event, the patient and their family are considered the first victims. Healthcare providers are now being considered second victims-"healthcare providers who are involved in an unanticipated adverse patient event, in a medical error and/or a patient related injury and become…traumatized by the event" (Scott, et. al., 2009)Read article
Man complete time sheet

Are You Prepared for Revisions to Federal Regulations on Overtime?


By Kristin Nealey Meier, Member, Ryan, Swanson & Cleveland, PLLC

Employee rights and working conditions have been an increasingly popular issue in local and national debates. While much of the focus has been on minimum wage, employers need to pay attention to President Obama's March 13, 2014 directive to the Department of Labor ("DOL") to update the regulations governing overtime rules. Although DOL has not yet issued the new regulations, it has announced it will continue enforcing current regulations, including increased scrutiny on employers' classification of their employees as exempt from overtime regulations. Read article
Silver Portable Computer with Key Lock on Top with Chains

HIPAA – Society’s Modern Day Prohibition


By Craig B. Garner, Founder, Garner Health Law Corporation

Codified in American Law through Article Three of the United States Constitution and evolving through changing times by way of the Sixth and Fourteenth Amendments, the right to trial by jury remains a sacrosanct keystone of our nation’s legal system. Even so, there exists a degree of delicacy with which the judicial system evaluates the facts of any given case, and all involved must remain mindful that at times pertinent information may not be available for consideration. Significant violations of judicial filtering may result in the end of deliberations, known more abrasively as a "mistrial."  Read article
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