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Jessica M. MarshBlog Posts

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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

Labor Board: Employee Conduct in Response to Employer’s Unlawful Actions Not Grounds for Discharge

An employer violated the National Labor Relations Act (NLRA) when it discharged an employee who refused to participate in a performance evaluation scheduled for discriminatory reasons, the National Labor Relations Board (NLRB) has ruled, reversing the decision of an Administrative Law Judge (ALJ). United States Postal Service, 367 NLRB No. 142 (June 4, 2019). In … Continue Reading The post Labor Board: Employee Conduct in Response to Employer’s Unlawful Actions Not Grounds for Discharge appeared first on Labor & Collective Bargaining.
July 11, 2019

Three Tips to Investigate Harassment Complaints When You Are Not “the Employer”

The healthcare setting involves many potential “joint employer” landmines, as hospitals often have outside vendors providing services (i.e. food service, laundry service) inside their facilities. Employment and labor law is in flux regarding the “joint employer” standard. See (NLRB’s Proposed Rule Adopts Pre-Browning-Ferris Joint-Employer Standard); (Department of Labor Proposes Updated Interpretation of Joint Employer Standard...… Continue Reading
June 5, 2019

Large Health Systems’ CEOs Predict Less Mergers, Continued High Demand for Employees in 2019

On February 23, 2019, Modern Healthcare reported key takeaways from its “CEO Power Panel.” Of the 24 CEOs who completed the survey, only three (12.5 percent) responded that mergers and acquisitions “will be their primary growth strategy in 2019,” down from 25.8 percent of respondents in 2018. CEOs questioned whether organizations achieved any actual value...… Continue Reading
March 5, 2019

Physician Pay Equity Issues Are Under the Microscope

As our Healthcare Workplace Update reported on June 21, and as is the case across many industries, issues related to physician pay equity are receiving increased attention nationwide. Doximity’s 2018 Physician Compensation Report (its second annual report) contained key national findings on the gender wage gap that point to widespread disparities in physician compensation. Please...… Continue Reading
August 8, 2018

Physician Pay Equity Issues Are Under the Microscope

As our blog reported on June 21, and as is the case across many industries, issues related to physician pay equity are receiving increased attention nationwide. Doximity’s 2018 Physician Compensation Report (its second annual report) contained key national findings on the gender wage gap that point to widespread disparities in physician compensation: The overall disparity...… Continue Reading
August 7, 2018

NLRB General Counsel Issues Employer-Friendly Work Rule Guidance

On June 6, NLRB General Counsel Peter Robb, the NLRB’s chief prosecutor, issued a detailed, 20-page Memorandum to the NLRB Regional Offices entitled “Guidance on Handbook Rules Post-Boeing.” (As General Counsel, Robb decides which unfair labor practice charges filed in the various NLRB regional offices should be pursued. Through his memorandum, GC Robb has instructed … Continue Reading The post NLRB General Counsel Issues Employer-Friendly Work Rule Guidance appeared first on Labor & Collective Bargaining.
June 10, 2018

“Vaccinate” Your Mandatory Flu Shot Policies Against Litigation

As we have just survived one of the worst flu seasons in recent memory, now is a good time to consider whether you should implement or revise a mandatory flu shot policy for 2018.  The Center for Disease Control and Prevention recommends all United States healthcare workers obtain annual flu vaccines.  While many healthcare employers...… Continue Reading
April 3, 2018

Hold On! — Democratic Senators Challenge New Labor Board GC’s Plans

Senator Patty Murray (D-Wash.), Ranking Member, Committee on Health, Education, Labor and Pensions, and Senator Elizabeth Warren (D-Mass.) have written to  new NLRB General Counsel Peter B. Robb “to express serious concerns regarding Memorandum 18-02, which [Robb] issued to National Labor Relations Board [] Regional Directors on December 1, 2017.” For more on NLRB General … Continue Reading The post Hold On! — Democratic Senators Challenge New Labor Board GC’s Plans appeared first on Labor & Collective Bargaining.
December 14, 2017

Unions Winning More Elections, But Organizing Fewer New Workers

Unions won 72% of all representation elections conducted by the National Labor Relations Board in 2016, and 74% when the election involved a small unit of 49 workers or less, according to a Bloomberg BNA report based on NLRB data. These percentages are a four-year high for unions. At the same time, fewer workers were … Continue Reading The post Unions Winning More Elections, But Organizing Fewer New Workers appeared first on Labor & Collective Bargaining.
March 21, 2017

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