In a recent decision, the National Labor Relations Board (NLRB) determined that a hospital violated its duty to bargain when it failed to provide the union representing some of its workers with certain documents related to the sale of its parent organization.  Specifically, in Crozer Chester Med. Ctr., 371 NLRB No. 129 (2022), the NLRB ordered the hospital to produce portions of an asset purchase agreement (APA) in response to the union’s request for information related to the transaction because the NLRB found these documents “potentially” relevant to the union’s role as bargaining representative of the unit.

Continue Reading Recent NLRB Decision Requires Union Access to Parts of Asset Purchase Agreement

On August 18, 2022, New Jersey Governor Phil Murphy signed S-315, “An Act concerning changes in control of health care entities” (the Act). The Act implements employment protection for healthcare workers when certain licensed health care facilities, staffing registries, and home care services in New Jersey undergo a change in ownership. The Act first requires that former health care entity employers provide the successor health care entity with information pertaining to employees (i.e., employee names, addresses, dates of hire, phone numbers, wage rates, employment classifications) not less than thirty days before a change in control. The Act also requires former health care entity owners to inform eligible employees of the rights provided by the Act and to post a notice of their rights under the Act in a conspicuous location.

Continue Reading New Jersey Governor Signs Act Concerning Changes in Control of Health Care Entities

As previously addressed on this blog, Connecticut Governor Ned Lamont recently signed into law the state’s fiscal year 2023 budget (HB5506) (Act). Among other things, the Act prohibits homemaker-companion or home health agencies from contractually preventing their clients from hiring agency employees. The Act deems such “no-hire” clauses as against public policy.

Continue Reading Connecticut Prohibits No-Hire Provisions in Homemaker and Home Health Agency Contracts