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Articles by Sabrina Punia-Ly
Mark your calendars! California’s new minimum wage for health care workers takes effect Wednesday | JD Supra
The day that most health care facilities and health care workers have been waiting for—although for different reasons—is finally here. The increase in the minimum wage for covered health care workers will go into effect October 16. In 2023, Gov. Gavin Newsom (D) caused quite a stir in the health care industry when he signed into law.
California raises minimum wage for health care workers in 2024 | JD Supra
With the goal of creating a more “stable workforce” and addressing the “shortage of health care workers” in California, Gov. Gavin Newsom (D) has signed into law legislation that will increase the minimum wage for certain health care workers effective June 1, 2024. SB 525 adds Sections 1182.14 and 1182.15 to the California Labor Code. The law creates five minimum wage schedules for certain health care workers depending on the nature of the employer.
One down, one to go: A joint employer nightmare | JD Supra
Can an employee bring a wage and hour class action against an employer staffing agency, settle, and then bring a second class action against the staffing agency’s client, premised on the same alleged violations? The California Supreme Court says yes, where the client company was neither a party to the first lawsuit nor a named released party in the settlement.
How Can Employers Promote an Equitable Workplace in a Post-Roe America | JD Supra
In early May, the country was shocked by a 98-page leaked draft of the Supreme Court’s upcoming decision in Dobbs v. Jackson Women’s Health Organization. The draft revealed the Supreme Court’s plan to overturn the landmark 1973 Roe v. Wade decision that created a constitutional right for women to obtain an abortion. Despite foreshadowing what was to come, hope remained that the draft would not become reality.
CMS Issues Guidance For Health Care Employers In 24 States Where Mandate Had Been Blocked | JD Supra
The Centers for Medicare & Medicaid Services has issued guidance and separate compliance deadlines for 24 of the 25 states in which the CMS vaccination mandate was enjoined before last week’s Supreme Court decision lifting the injunctions. Apart from the deadlines, the new CMS guidance is substantively the same as its December 28 guidance, which applies to covered facilities in states where the mandate had never been enjoined.
High Court Upholds CMS Vaccine Mandate For Health Care Workers -- What Now? | JD Supra
After operating in limbo for a little over two months, Medicare/Medicaid certified facilities across the country now know one thing for certain—the Centers for Medicare & Medicaid Services Interim Final Rule mandating health care worker vaccinations is here to stay. In a 5 to 4 vote, the Supreme Court of the United States lifted the stay imposed in half of the states on enforcing the CMS vaccine mandate.
CMS Issues Guidance For Rule Mandating COVID-19 Vaccines For Most Health Care Workers | JD Supra
On December 28, the Centers for Medicare & Medicaid Services issued long-awaited guidance regarding how it intends to enforce its Interim Final Rule mandating COVID-19 vaccinations for certain health care workers. The rule, which is currently enjoined in 25 states, requires that most employees (and some non-employees) of covered facilities that receive Medicare or Medicaid funds be fully vaccinated. The new guidance will apply only in the states where the rule has not been enjoined.
California Mandates COVID Vaccine Boosters For All Health Care Workers At Certain Facilities | JD Supra
On December 22, the California Department of Public Health issued an order that requires health care workers working at certain facilities to be fully vaccinated against COVID-19 and to receive boosters by February 1 unless an exemption applies. Workers who are not yet eligible for a booster must comply no later than 15 days after the CDPH’s recommended timeframe (see Table, below) for receiving the booster.
California mandates COVID vaccine boosters for all health care workers at certain facilities
On December 22, the California Department of Public Health issued an order that requires health care workers working at certain facilities to be fully vaccinated against COVID-19 and to receive boosters by February 1 unless an exemption applies. Workers who are not yet eligible for a booster must comply no later than 15 days after the CDPH’s recommended timeframe (see Table, below) for receiving the booster.
One Hot Mess: CMS Vaccine Mandate For Health Care Employers Is On Hold, But Not Everywhere | JD Supra
On Wednesday, the U.S. Court of Appeals for the Fifth Circuit affirmed a preliminary injunction that had been granted on November 30, temporarily blocking the vaccine mandate issued by the Centers for Medicare & Medicaid Services. However, the Fifth Circuit decided that the preliminary injunction should not apply nationwide, as the lower court had ruled, but only to the states that challenged the mandate.
Vaccine Mandate For Health Care Workers Is Blocked Nationwide, For Now | JD Supra
On Monday, a federal judge in Missouri issued a preliminary injunction blocking the Biden Administration vaccine mandate that applies to certain recipients of Medicare and Medicaid funds. Monday’s injunction applied only in the states that had challenged the rule (Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota, and Wyoming).
CMS issues rule mandating vaccination for employees of Medicare/Medicaid facilities | JD Supra
The Centers for Medicare & Medicaid Services has issued an interim final rule requiring that all staff working in Medicare- or Medicaid-certified facilities be vaccinated against COVID-19. The rule took effect on Friday and amends specific sections in the Code of Federal Regulations pertaining to the facilities identified below. Which facilities are subject to the CMS Rule?
FAQs About California’s Vaccine Mandate For Health Care Workers | JD Supra
As a result of COVID-19 outbreaks related to unvaccinated health care workers, the California Department of Public Health has issued two significant orders. The first order, issued on July 26, requires that certain facilities (including several types of health care facilities) verify the vaccine status of all of their workers. Shortly thereafter, the CDPH went a step further and issueda subsequent order on August 5, mandating that workers in certain health care facilities be vaccinated.
New PPE Requirements For Some CA Health Care Employers | JD Supra
Happy new year! California is ringing in 2021 with some new requirements related to personal protective equipment for certain health care employers. Due to shortages during the early days of the COVID-19 pandemic, two new bills were approved in September to help prevent a reoccurrence. These laws require covered health care employers to maintain stockpiles of certain supplies and to implement procedures relating to those supplies.
General Acute Care Hospitals Must Reimburse For Certain Required Trainings | JD Supra
Effective January 1. California Labor Code Section 2802 requires that employers reimburse employees for any “necessary expenditure or loss incurred by the employee in direct consequence of the discharge of the employee’s duties.” The California legislature has decided to clarify that obligation for acute care hospitals to address the shortage of health care professionals and to relieve employees from the costs of employer-mandated educational programs or trainings.
Cal/OSHA Board Adopts Temporary Emergency Standard To Protect Workers From COVID-19 | JD Supra
On November 19, California’s Division of Occupational Safety and Health adopted an Emergency Temporary Standard to protect most workers in California from hazards related to COVID-19. One of the most significant provisions is that employers will be required to exclude workers who have either tested positive or been exposed to a COVID-19 case at work, and to continue paying their full wages, and maintain their seniority and other benefits, while they are out. When does the Standard take effect?
Arbitration Provision In Plan Provider Agreement May Be Enforceable, California Court Says | JD Supra
A California appeals court has ruled that an arbitration provision in a plan provider agreement was enforceable as “Step Two” of its dispute resolution process. In Epstein v. Vision Service Plan, optometrist Gordon Epstein entered into a Network Doctor Agreement with Vision Service Plan to be a member of its provider network.
New Year, New Reporting Requirements: California Entities Must Report Certain Patient Complaints of Sexual Abuse and Misconduct by Healing Arts Licensees | Arent Fox - JDSupra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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