On February 25, 2011, the New York Department of Labor extended the revised emergency regulations regarding mandatory overtime for nurses to April 25, 2011 (the regulations were originally adopted on October 13, 2009 and subsequently extended on February 3, 2010, April 28, 2010 and July 9, 2010; the revised emergency regulations were issued on October 6, 2010 and subsequently extended on January 4, 2011). As we reported in prior issues of the New Jersey eAuthority, these regulations: 1) clarify circumstances under which various types of emergencies will allow health care employers to use mandatory overtime to cover nurse staffing needs; 2) set forth the minimum elements to be addressed in the required Nurse Coverage Plan; and 3) require that the Plan be posted and made available to the Commissioner, nursing staff and their employee representatives.
Proposed Limits on Legal “Advice” During Union Organizing Campaigns—Are New Regulations Really on the Horizon?
What’s At Issue: Proposed U.S. Department of Labor (DOL) revisions to the “advice exemption” under the Labor Management Reporting and Disclosure Act (LMRDA) “persuader activity regulations” may soon require employers, consultants, and law firms to publicly report and disclose private, confidential arrangements, financial and otherwise, currently protected by the attorney-client privilege…..
New York State Appellate Court Dismisses Disability Discrimination Claim Where Plaintiff Responded with Hostility to Defendant’s Inquiring Letter
The New York Appellate Division, First Department affirmed dismissal of the plaintiff’s disability discrimination claims under the New York State Human Rights Law and New York City Human Rights Law because the defendant had issued a letter stating that the plaintiff’s FMLA leave expires soon and the defendant would appreciate knowing whether the plaintiff intends to return to work or abandon his position.
Congressional standoff over immigration plays out through debate on DHS funding bill…..