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Jessica M. MarshBlog Posts

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COVID-19 Vaccine Benchmarking Survey for Healthcare Employers: Report from the Trenches

Employers in the healthcare setting have been grappling with issues related to COVID-19 vaccinations that raise many practical and legal questions, starting with: should we ask about vaccination status? Should we require employees to be vaccinated? If not required, should we encourage employees to be vaccinated? How should we encourage it? Identifying these questions is...… Continue Reading
June 14, 2021

COVID-19 Vaccine Benchmarking Survey for Healthcare Employers: Report from the Trenches

Employers in the healthcare setting have been grappling with issues related to COVID-19 vaccinations that raise many practical and legal questions, starting with: should we ask about vaccination status? Should we require employees to be vaccinated? If not required, should we encourage employees to be vaccinated? How should we encourage it? Identifying these questions is... Continue Reading…
June 14, 2021

D.C. Circuit Flips NLRB; Employer’s Alleged ‘Baseless’ Statements of Opinion Lawful

“Absent threats or promises, § 8(c) [of the National Labor Relations Act] unambiguously protects ‘any views, argument or opinion’ – even those that the agency finds misguided, flimsy, or daft,” the D.C. Circuit has held. Trinity Services Group, Inc. v. NLRB, No. 20-1014 (D.C. Cir. June 1, 2021) The Court was asked to “decide whether... Continue Reading
June 14, 2021

Labor Board Orders Business to Reopen; D.C. Circuit Says Not So Fast

The NLRB has the authority to order an employer to reopen a business it finds was closed for discriminatorily anti-union reasons. In RAV Truck & Trailer Repairs, Inc., 369 NLRB No. 36 (Mar. 3, 2020), the NLRB did just that. However, upon review, the D.C. Circuit held that it “cannot decipher how the Board determined... Continue Reading
May 26, 2021

Court Decision Restores Affordable Care Act’s Discrimination Protections for Transgender Patients

A New York court has restored anti-discrimination protections for transgender patients under the Affordable Care Act (ACA). Walker et al. v. Azar et al., No. 20-cv-2834 (E.D.N.Y. Aug. 17, 2020). Section 1557 of the ACA extends Title IX of the Education Amendments of 1972’s prohibition against “sex discrimination” to covered entities in the healthcare setting....… Continue Reading
August 21, 2020

Minnesota Supreme Court Rejects Challenges to Minneapolis Sick and Safe Ordinance

The Minnesota Supreme Court (5-2) has upheld the Minneapolis Sick and Safe Time Ordinance, ruling state law does not preempt the Ordinance, and it can apply to employers who are located outside of the City. Minnesota Chamber of Commerce, et al. v. City of Minneapolis, No. A18-0771 (Minn. June 10, 2020). Read more here. Following... Continue Reading
June 23, 2020

Affordable Care Act No Longer Interpreted to Prohibit Discrimination Against Transgender Patients

Section 1557 of the Affordable Care Act (“ACA”) contains anti-discrimination provisions, which include prohibitions on sex discrimination, that apply to certain health care providers and insurers receiving federal funding. On June 13, 2020, the Department of Health and Human Services (“HHS”) published a final rule walking back protections for transgender patients, among other changes (“2020...… Continue Reading
June 18, 2020

U.S. House Passes Health-Worker Violence Bill; Presidential Veto Likely

On November 21, 2019, the House passed H.R. 1309, Workplace Violence Prevention for Health Care and Social Service Workers Act (the Bill), with notable bi-partisan support (251-158). If passed into law, the Bill would largely implement the State of California’s healthcare workplace violence standards nationally. The Bill has not made it to the Senate, however,...… Continue Reading
December 23, 2019

Pay Equity Challenges Continue: EEOC Sues Nursing Home for Paying Female Nurse Less

Pay equity challenges continue to make the news in the healthcare setting, primarily in the context of physician pay equity gaps. This month, the journal Pediatrics published data from the American Academy of Pediatrics’ Pediatrician Life and Career Experience Study (PLACE), which included 1,000 physician responses on income and 1,300 responses on household responsibilities. The...… Continue Reading
September 27, 2019

Pay Equity Challenges Continue: EEOC Sues Nursing Home for Paying Female Nurse Less

Pay equity challenges continue to make the news in the healthcare setting, primarily in the context of physician pay equity gaps. This month, the journal Pediatrics published data from the American Academy of Pediatrics’ Pediatrician Life and Career Experience Study (PLACE), which included 1,000 physician responses on income and 1,300 responses on household responsibilities. The...… Continue Reading
September 26, 2019

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