It was March 11, 2020 – three years ago – that a series of earth-shattering events occurred over the course of a few hours that would forever change the nature of the workplace. Most of us remember exactly where we were on...more
The Centers for Disease Control and Prevention recently reported the start of the most severe flu season in over a decade, leading employers of all types to decide whether they should mandate flu shots for their workforce....more
It’s never easy to make accurate predictions about what we might expect to see in the workplace in the coming year. After all:
- At the start of 2020, no one could have predicted COVID-19.
- None of us had heard the phrase...more
11/1/2022
/ Affirmative Action ,
Background Checks ,
Blockchain ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Corporate Governance ,
Cryptocurrency ,
Cybersecurity ,
Data Security ,
Employee Benefits ,
Employee Privacy Rights ,
Employee Retention ,
Employer Liability Issues ,
Employment Policies ,
Fair Credit Reporting Act (FCRA) ,
Federal Contractors ,
Gig Economy ,
Hiring & Firing ,
Immigration Procedures ,
Labor Relations ,
Leave of Absence ,
Pay Equity Laws ,
Reasonable Accommodation ,
Trade Secrets ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
A recent survey by staffing company ShiftMed reported that two-thirds of nurses expressed an inclination to leave the profession within the next two years, a staggering jump from the 50% who expressed that intention just last...more
Approximately 15,000 nurses represented by the Minnesota Nurses Association began a three-day strike Monday morning in the largest ever-reported strike of nurses in the private sector in the United States. The strike directly...more
This detailed set of Frequently Asked Questions, fully updated for 2022, addresses the workplace-related issues facing employers in the wake of hurricane-related disasters. In addition to legal obligations you need to...more
9/9/2022
/ Business Closures ,
Corporate Counsel ,
Disaster Preparedness ,
Employee Assistance Programs ,
Employee Benefits ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Policies ,
Foreign Workers ,
Hiring & Firing ,
Hurricane Season ,
Labor Relations ,
Layoffs ,
Leave of Absence ,
Natural Disasters ,
Severe Weather ,
Unemployment Benefits ,
Visas ,
Wage and Hour ,
Workers' Compensation Claim ,
Workplace Hazards ,
Workplace Safety
The news that the economy has shrunk for a second straight quarter likely comes as no surprise to businesses in the healthcare sector. After all, the results of our FP Flash Survey on Economic Uncertainty revealed that...more
Welcome to another edition of FP’s Healthcare Snapshot. We continue to focus considerable attention on developments exacerbated by COVID-19, particularly those related to staffing and regulatory issues, which persistently...more
Welcome to FP Forecast, a monthly outlook featuring Fisher Phillips thought leaders providing their insights into what employers can expect in 2022 and beyond. By following along each month, you’ll be in the best position to...more
After the news yesterday that a federal court judge struck down the CDC’s mask mandate for airplanes, mass transportation, and transit hubs, many employers immediately wondered what it might mean for their business. Though...more
4/19/2022
/ Airlines ,
Business Travel ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Health and Safety ,
Masks ,
Public Health ,
Transportation Industry ,
Traveling Employee ,
Workplace Safety
Welcome to our latest Healthcare Snapshot, where we take a quick look at some of the most pressing issues facing employers in the industry. Even though COVID-19 numbers are generally trending in a positive direction,...more
4/18/2022
/ Caregivers ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
Employer Liability Issues ,
Employer Mandates ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Home Healthcare Workers ,
Hospitals ,
Labor Shortage ,
Mental Health ,
NLRB ,
Nurses ,
Nursing Homes ,
OSHA ,
Physicians ,
Skilled Nursing Facility ,
State Labor Laws ,
Unions ,
Vaccinations ,
Wage and Hour
West coast employers have been dealing with a new era of workplace litigation since the start of the pandemic, one that features increased claims, higher settlement demands, and more aggressive plaintiffs’ counsel – and if...more
Healthcare organizations across the country should train their attention on a federal court case pending in Georgia that deals squarely with whether RNs performing utilization review (UR) work are exempt from overtime pay...more
Federal workplace safety authorities just announced that they are accepting additional comments regarding a final permanent standard that will address COVID-19 exposure in healthcare settings. According to the March 22...more
For the second time in a week, key members of the healthcare provider community are the focus of an announcement promising more pandemic-related scrutiny from a federal agency. The Occupational Safety and Health...more
Welcome to FP Snapshot on Healthcare, where we take a quick look at some of the most significant current workplace law issues, including hot non-COVID-19 issues, with an emphasis on the practical impact of how they affect...more
2/23/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employee Retention ,
Employer Mandates ,
Exemptions ,
False Claims Act (FCA) ,
Gig Economy ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Hiring & Firing ,
Independent Contractors ,
Labor Shortage ,
Nurses ,
Physicians ,
Vaccinations ,
Workplace Safety
Since we first explained the CMS vaccine mandate (the Interim Final Rule (IFR) from the Centers from Medicare & Medicaid Services (CMS) that requires COVID-19 vaccinations for all staff at covered facilities), the mandate has...more
California voters may have another opportunity to categorize gig workers in a certain profession as independent contractors when Election Day rolls around this November – but this time it won’t be delivery or ride-share...more
The Supreme Court blocked OSHA from enforcing the vaccine mandate-or-test ETS and the agency responded Tuesday by shelving the emergency rule altogether. In some ways, these two developments mean that the pathway for...more
Welcome to FP Forecast, a monthly outlook featuring Fisher Phillips thought leaders providing their insights into what employers can expect in 2022 and beyond. By following along each month, you’ll be in the best position to...more
1/26/2022
/ Bitcoin ,
Blockchain ,
Coronavirus/COVID-19 ,
Cryptocurrency ,
Cybersecurity ,
Data Breach ,
Employer Liability Issues ,
Employer Mandates ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Incentives ,
Infectious Diseases ,
Non-Fungible Tokens (NFTs) ,
OSHA ,
Tax Liability ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
Immediately after blocking OSHA’s “shot or test” ETS, the Supreme Court held Thursday that the CMS vaccine mandate can be enforced by a 5-to-4 margin. This effectively removes the injunctions that had been blocking...more
In a surprise move, the Supreme Court failed to resolve either of the two pending workplace vaccine cases yesterday morning despite having announced a special decision day that led most Court observers to think that yesterday...more
1/14/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The Supreme Court just blocked OSHA’s vaccine ETS from being enforced for the foreseeable future, meaning your compliance to-do list has gotten significantly shorter – but it has by no means disappeared. While today’s 6 to 3...more
Perhaps no workplace law issue has generated more controversy in recent memory than the battle over the Biden administration’s vaccine rules currently being waged at the Supreme Court. The good news? By accelerating the...more
1/3/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
Oral Argument ,
OSHA ,
Popular ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Serving up yet another curveball for healthcare employers, the Fifth Circuit Court of Appeals effectively reactivated the CMS vaccination mandate across nearly half of the country with a surprise decision on Wednesday...more