By Kevin Troutman, Partner, Fisher Phillips   Here in the midst of the season for holiday gatherings, it is not too late for administrative and human resources (HR) leaders to review their plans and to help ensure that a holiday party does not turn into a visit from “the Grinch,” fraught with headaches and unpleasant surprises. Although parties typically boost morale and build comradery, they can also become hotbeds for potential employer liability.   While...

By Pamela Williams, Partner, and Kevin Troutman, Partner, Fisher Phillips   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 year. And a study from the U.S. Department of Health and Human Services shows Texas is projected to have the second most severe nursing shortage in the country...

By Garrett Kamen, Associate, and Kevin Troutman, Partner, Fisher Phillips   Today, it is more important than ever that businesses proactively manage their work environment to protect against the many issues that can occur when employees talk politics in the workplace. And, according to the National Bureau of Economic Research, there is a relationship between our physical well-being and election season. Regardless of what side of the political aisle they fall on, some of your...

BY Lariza Hebert, Associate, and A. Kevin Troutman, Partner, Fisher Phillips A Flash Survey on Economic Uncertainty[i] conducted by Fisher Phillips LLP analyzing the views of employers during the country’s economic volatility showed that only 13% of employers plan on shrinking their workforce, but among that 13% segment, healthcare was one of the top three most likely industries to reduce employee headcount.   Based on responses received from employers in the industry, healthcare employers are...

BY Micah Dickie, Associate, and Patrick Dalin, Of Counsel, Fisher Phillips   Federal workplace safety officials are placing Texas employers and healthcare organizations under increasing scrutiny – which means you need to develop a proactive plan to put yourself in the best position to respond. In a recent analysis, Bloomberg Law found that OSHA has already conducted more inspections of hospitals and nursing homes across the nation in 2022 than it did in all of...

BY Patrick M. Dalin, Of Counsel, and Kevin Troutman, Partner, Fisher Phillips For several years now, healthcare employers—including hospitals, nursing homes, and home healthcare companies—have been top targets of both government investigations and private lawsuits for wage and hour claims.  The federal wage and hour law, the Fair Labor Standards Act (“FLSA”), requires employers to pay a minimum wage and overtime to their employees. Most states also have statutes requiring the payment of minimum wage...

By Stephen J. Roppolo, Regional Managing Partner, and Brett Holubeck, Associate, Fisher Phillips   Non-competition agreements are becoming much more common in the health care industry for doctors, medical salespersons, and numerous other employees. In Texas, there are a number of considerations for these agreements. But many doctors and even health care businesses fail to understand how these agreements work. Of course, non-competition agreements serve a critical function within the industry for a number of...

BY Ariel Kelly, Associate, Fisher Phillips The COVID-19 pandemic continues to highlight both the heroism of and challenges facing frontline healthcare workers. Like the rest of us, these heroes are still human and thus experiencing fatigue. According to the American Medical Association, research studies illustrate that half of the health workers have reported COVID-19 burnout. Also known as “COVID fatigue,” COVID-19 burnout affects everyone differently and takes many forms, including physical fatigue, stress, anxiety, exacerbation...

By Kevin Troutman, Fisher Phillips   Even as the CDC and other public health agencies report improving COVID-19 numbers and continue to relax precautions such as mask mandates, healthcare employers remain under intense pandemic-related scrutiny from various federal agencies. The Centers for Medicare & Medicaid Services (CMS), Occupational Health and Safety Administration (OSHA), U.S. Equal Employment Opportunity Commission (EEOC), and others continue to evaluate their performance and operations. This is on top of continuing financial,...

By Nick Hulse, Associate, Fisher Phillips and Kevin Troutman, Partner, Fisher Phillips In a recent news release, the Department of Labor (“DOL”) urged healthcare facilities to employ effective safety and health programs to protect those who protect us.  According to the DOL’s release, U.S. healthcare workers experienced a 249 percent increase in injury and illness rates in 2020.  Identifying the safety risks that healthcare workers are routinely exposed to and addressing them is crucial to...