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Labor

Overview

Labor

CHA believes that patients, employees, hospitals/health systems and the public are best served when management and employees work directly with each other. If employees of an organization vote to be represented by a third party in a lawful election, it is the management's responsibility to work with the elected representative in accordance with applicable laws.

While federal law generally governs labor relations of private employers, state law may touch on some issues, such as property rights. For public employers, California state law takes precedence. Thus, it is important to keep abreast of developments at both state and federal levels to ensure compliance.

CHA believes that patients, employees, hospitals/health systems and the public are best served when management and employees work directly with each other. If employees of an organization vote to be represented by a third party in a lawful election, it is the management’s responsibility to work with the elected representative in accordance with applicable laws.

While federal law generally governs labor relations of private employers, state law may touch on some issues, such as property rights. For public employers, California state law takes precedence. Thus, it is important to keep abreast of developments at both state and federal levels to ensure compliance.

CHA News Article

Register Now for CHA’s Members-Only Human Resources Conference
For legal counsel, human resources executives, risk & compliance leaders

Beginning this year, a single Human Resources Conference replaces CHA’s former employee safety/workers’ compensation seminar and its labor and employment seminar, combining both into a one-and-a-half-day event. Register now for CHA’s only human resources-focused educational program of 2020, to be held March 23-24 in Pasadena.

CHA News Article

CDPH Issues Notice on Mandated Fines for Hospitals Not in Compliance With Nurse Staffing Ratios
For CNOs, licensing & certification staff, human resources executives

BJ Bartleson, RN, MS, NEA-BC Gail Blanchard-Saiger

The California Department of Public Health (CDPH) has issued All Facilities Letter 20-04, detailing the new administrative penalties it will enforce for general acute care hospitals that fail to comply with nurse-to-patient staffing ratios, and clarifying certain provisions of the requirements.

CHA News Article

CHA Conference to Offer Human Resources Legal, Practical Insight
For legal counsel, human resources executives, risk & compliance leaders

Registration is now open for CHA’s members-only Human Resources Conference: Bringing Order to Chaos conference in Pasadena March 23-24, combining CHA’s annual Employee Safety and Workers Compensation seminar and its Labor and Employment seminar.  

Education event For Members

Human Resources Conference
Bringing Order to Chaos

March 23 – 24, Pasadena

Knowing all of the labor and employment laws (not to mention remaining compliant with them) in the golden state isn’t always so golden. As any California HR professional can tell you…the only thing you can count on is that it will continue to be a challenge to operationalize all of employer obligations hospitals face.  This can lead to a sense that the work environment is chaotic. How can you possibly meet all of your obligations? 

CHA News Article

State Releases Guidance on New Law for Determining Independent Contractors
For CEOs, human resources executives, finance executives

Gail Blanchard-Saiger

Yesterday, the California Labor and Workforce Development Agency released a web page focused on Assembly Bill 5, the bill that creates a new test for determining independent contractor status. The site includes information for employees and employers, including frequently asked questions. Although many questions remain, this new resource may be helpful to hospital leaders as they review their independent contractor relationships.

CHA News Article

CHA Secures Amendments to Nurse Staffing Ratio Bill, Continues Advocacy to Oppose
For CEOs, CNOs, Government Relations Staff

Kathryn Austin Scott

One of CHA’s highest legislative priorities this year has been Senate Bill (SB) 227 (Leyva, D-Chino), which would create duplicative and mandatory fines for hospitals if they do not meet required nurse staffing ratios. With help from member hospitals, our advocacy generated key amendments last week, including:

  • An exemption for hospitals that — in response to an unforeseeable and uncontrollable fluctuation — promptly make an effort to maintain staffing requirements
  • A 50% reduction in the fines (now $15,000 for the first violation and $30,000 subsequently)
  • A reduction in the length of time required to revert to a first violation (lowered from six years to three)
CHA News Article

Contact Legislators and Urge Opposition to Nurse Staffing Ratio Bill
For CEOs, Government Relations Executives

Kathryn Austin Scott Gail Blanchard-Saiger

CHA has extended the deadline for its Advocacy Alert asking members to urge their assemblymembers to oppose Senate Bill (SB) 227, which would create an unreasonable, mandatory penalty system for hospitals that do not meet nurse staffing ratios. The deadline for letters is now 5 p.m. on June 11. 

CHA News Article

CHA Supports Resident Physician Shortage Act of 2019
Urges California delegation to cosponsor

Anne O'Rourke

CHA sent a letter to the California congressional delegation this week, urging support of the Resident Physician Shortage Act of 2019 (H.R. 1763), which takes steps to reduce nationwide physician shortages by increasing the number of Medicare-supported residency positions.

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