In Good Samaritan Medical Center v. National Labor Relations Board, the United States Court of Appeals for the First Circuit reversed the decision of the National Labor Relations Board (“NLRB”) requiring a hospital in Massachusetts to rehire an employee it had terminated for violating the hospital’s general civility policy when he challenged a union representative during her presentation about union membership. In reaching this decision, the First Circuit closely scrutinized the record and concluded that the NLRB overlooked substantial evidence revealing that the ...
In employment litigation, plaintiffs often rely on the “cat’s paw” doctrine to hold their employers liable for discriminatory or retaliatory animus of a supervisory employee who influenced, but did not make, the ultimate employment decision. On August 29, 2016, the United States Court of Appeals for the Second Circuit, in Vasquez v. Empress Ambulance Service, Inc., greatly extended the reach of the “cat’s paw,” holding that the doctrine could be applied to hold an employer liable for an adverse employment decision that was influenced by the discriminatory or ...
[caption id="" align="alignright" width="110"] John M. O'Connnor[/caption]
Who knew that “Don’t Tell Me You Love Me,” the iconic rock anthem of 80’s hairband Night Ranger (YouTube video) is actually a rally song protesting religious discrimination?? On January 27, 2016, the EEOC filed a summary judgment motion in EEOC v. United Health Programs of America, No. 14-cv-3673 (E.D.N.Y. filed June 11, 2014), asking the Court to find that certain team building policies and practices implemented by the defendant employer, including a requirement that its employees tell one ...
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Recent Updates
- Pushback of Deadline for SNFs to Submit Significantly More Detailed Ownership and Control Information in New “SNF Attachment” to CMS Form 855A
- Podcast: Breaking Down the Shifting Vaccine Policy Landscape – Diagnosing Health Care
- Non-Competes in Health Care: 2025 Update
- Seventh Circuit Ruling Paves the Way for More Flexible Healthcare Marketing Services
- CMS Tells States “No More” Medicaid Section 1115 Matching Funds for Designated State Health Programs (DSHP) and Designated State Investment Programs (DSIP)