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NLRB Returns to Previous Independent Contractor Test
On June 22, 2023 by Mark Schulz
In a decision published on Jun. 13, the National Labor Relations Board (NLRB) returned to the FedEx Home Delivery (FedEx II) standard for determining independent contractor status under the National Labor Relations Act (NLRA).
Supreme Court Upholds Resident Right to Sue Publicly Owned SNFs
On June 15, 2023 by Mark Schulz
On Jun. 8, the Supreme Court ruled in a 7-2 vote that nursing home residents and their families can sue publicly owned nursing home facilities under the Federal Nursing Home Reform Act of 1987 (FNHRA).
US Supreme Court Upholds CMS Vaccine Mandate, Strikes Down OSHA Vaccine-or-Test Rule
On January 13, 2022 by Jonathan Lips
Nursing homes subject to CMS Rule; Mandate does not apply to assisted living or other HCBS settings
Last Friday, the US Supreme Court heard lengthy oral arguments concerning challenges to the CMS Omnibus COVID-19 Health Care Staff Vaccination rule and OSHA Vaccination and Testing Emergency Temporary Standard (ETS). Both of these cases were before the court on emergency petitions to determine whether injunctions should be in place, pending trials on the merits of challenges to the respective rules.