NLRB Maintains Focus on Workplace Policies: Board Holds That Request That...
The National Labor Relations Board (the “NLRB” or the “Board”) has ruled, in Banner Health System d/b/a Banner Estrella Medical Center, 358 NLRB 93 (July 30, 2012), that an employer may violate the...
View ArticleMum's Not Necessarily the Word: NLRB Complicates Employers' Internal...
In a ruling that affects both union and non-union employers, the National Labor Relations Board held that an employer must establish a specific legitimate business justification for requiring employees...
View ArticleNLRB Tries to Lift Cone of Silence
Recent editions of Foley’s Legal News: Employment Law Update have explained that all employers — even those without a unionized workforce — must take care to avoid unwittingly being subject to unfair...
View ArticleThe NLRB Requires "A Legitimate and Substantial Justification" for Employer...
In its latest stroll through non-unionized employers' backyards, the NLRB has overturned one of its own Administrative Law Judge's (ALJ's) rulings concerning an employer's routine request that the...
View ArticleEmployers Beware: Is EEOC Joining the NLRB to Require that Employers Not...
Lorene Schaefer, a mediator, arbitrator and workplace investigator, has reported on the One Mediation blog that by a letter of August 3, 2012 the Buffalo, New York office of the EEOC notified an...
View ArticleNLRB Decision Could Interfere With Workplace Investigations
The National Labor Relations Board recently issued a decision holding that an employer violates the National Labor Relations Act by establishing workplace investigation procedures, policies, or forms...
View ArticleDid You Know…Blanket Confidentiality Requirements Regarding...
As part of its current campaign to take more aggressive positions regarding policies applicable to nonunion workers, the National Labor Relations Board recently ruled that a human resources...
View ArticleEmployment and Labor Law Alert: NLRB to Employers: Policy Prohibiting...
Employers should revisit their policies related to workplace investigations in light of the National Labor Relations Board's (NLRB's) recent decision in Banner Health System, in which the Board, in a...
View ArticleEmployers Law Update - Employers Beware: NLRB Challenges Established HR...
The National Labor Relations Board (NLRB) has issued a number of recent opinions questioning and, in some instances, invalidating common employer practices and policies on the grounds of protecting...
View ArticleLabor Letter - September 2012
In This Issue: - When “Let’s Keep It Quiet” Is An Unfair Labor Practice By Ray Haley (Louisville): On July 30, 2012, the National Labor Relations Board (NLRB) issued a bad decision for any employer...
View ArticleEmployer's Routine Requests to Employees to Keep Internal Investigation...
On July 30, 2012, the National Labor Relations Board (NLRB) ruled that a non-union employer’s practice of routinely advising its employees not to discuss ongoing internal investigation matters with...
View ArticleNLRB and EEOC May Target Employer Efforts to Keep Employees Quiet During...
A recent decision from the National Labor Relations Board (NLRB) and comments from an Equal Employment Opportunity Commission (EEOC) attorney reveal a risk in prohibiting employees from discussing...
View ArticleNLRB Continues to Challenge Restrictions by Employers on Employee Communications
The National Labor Relations Board (NLRB) continues to challenge previously unscrutinized workplace policies and practices that restrict communications among employees of either a non-union or union...
View ArticleNLRB Ruling Condemns Blanket Confidentiality Policies During Internal...
In Banner Health System d/b/a Banner Estrella Medical Center, 358 N.L.R.B. No. 93 (2012), the National Labor Relations Board (NLRB) held that an employer’s maintenance and application of a general...
View ArticleNLRB Focuses On Employers’ Internal Investigations
Originally published in the November 2012 Issue of The HR Specialist. The National Labor Relations Board (NLRB), the federal agency charged with enforcement of the National Labor Relations Act (NLRA),...
View ArticleNLRB’s Actions in 2012 Highlight Critical Labor Issues for Nonunion Employers
In 2012, the National Labor Relations Board (NLRB or Board) aggressively staked out positions on employment policies and practices prevalent in both union and nonunion workplaces. These issues include...
View ArticleRecess Appointments To Board Invalid - Summary Of Affected Decisions
The United States Court of Appeals for the District of Columbia Circuit issued an order on January 25, 2013, which struck, as unconstitutional, President Obama's recess appointments to the National...
View ArticleObama Administration’s Recess Appointments to the NLRB Declared...
In Noel Canning v. NLRB, the D.C. Circuit Court recently ruled that President Obama lacked the authority to make three recess appointments to the five-member National Labor Relations Board (NLRB),...
View ArticleNLRB’s General Counsel’s Division of Advice Issues Helpful Guidance on Banner...
As Proskauer previously reported here, in Banner Health System d/b/a Banner Estrella Medical Center, 358 NLRB No. 93 (July 30, 2012), the National Labor Relations Board (“NLRB”) reviewed an employer’s...
View ArticleGeneral Counsel’s Division of Advice Issues Helpful Guidance on...
As we reported here, in Banner Health System d/b/a Banner Estrella Medical Center, 358 NLRB No. 93 (July 30, 2012), the NLRB reviewed an employer’s blanket policy of requiring witnesses to maintain...
View ArticleNLRB Division Of Advice Provides Guidance To Employers On Workplace...
In Banner Health Systems, the National Labor Relations Board ruled that an employer violates Section 7 of the National Labor Relations Act when it maintains a blanket policy that prohibits employees...
View ArticleNLRB Continues Its Assault On Confidential Investigations
Confidentiality is the hallmark to any meaningful attempt to investigate workplace misconduct. Not only for the alleged victim of harassment or discrimination, but for the alleged perpetrator too....
View Article"Balancing Protection of Information With Employee Rights in Confidentiality...
The developing law on employer confidentiality policies underscores the tension between an employer's ever-increasing need to protect confidential information and an employee's established right to...
View ArticleChallenges to Medicare's Outlier Payment Rules - the Secretary Largely Prevails
As we reported in an earlier Payment Matters article, the United States Court of Appeals for the District of Columbia Circuit handed hospitals a partial victory on May 19, 2015, in their challenge to...
View ArticleCMS Publishes Clarification of FY 2004 Outlier Fixed-Loss Threshold As...
On January 22, 2016, CMS published an explanation of its FY 2004 outlier fixed-loss threshold rulemaking. The explanation was required by two 2015 federal court orders in cases brought by hospitals...
View ArticleD.C. District Court Resolves Challenge to Medicare's Outlier Payment Rules...
On March 31, 2016, Judge Colleen Kollar-Kotelly of the United States District Court for the District of Columbia (the “D.C. District Court”) issued a highly anticipated memorandum opinion settling what...
View ArticleBanner Health Begins to Notify 3.7 Million Patients This Week of Data Breach...
Phoenix, Arizona, based Banner Health (Banner), reportedly one of the largest health care organizations in the country, began notifying up to 3.7 million patients this week of a data breach of its...
View ArticleLooking into Our NLRB Crystal Ball
With everything going on in Washington, D.C., it is easy to overlook the significant changes to the National Labor Relations Board (“NLRB” or the “Board”). With the impending addition of two...
View ArticleA New Era For Labor Relations? Fisher Phillips Lawyers Predict Fate Of Top 10...
Among the most crucial federal agencies undergoing a transformation under the new presidential administration is the National Labor Relations Board (NLRB). During the eight years of the Obama...
View ArticleWill the NLRB Let Employers Go Back To Conducting Confidential Investigations...
Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memo containing a broad overview of his initial agenda as General Counsel. It previews many...
View ArticleBanner Health Class Action Claims Survive Motion to Dismiss
Wednesday, a federal district court in Arizona denied in part and granted in part Banner Health’s motion to dismiss class action claims arising from a 2016 data breach....By: Patterson Belknap Webb...
View ArticleHealth system to pay $18 million to settle FCA lawsuit
Banner Health has agreed to pay the federal government $18 million to resolve False Claims Act (FCA) allegations that the health system admitted patients who could have been treated less expensively on...
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