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Thursday, October 11, 2012 . Arrive by 8:45 – sessions starts at 9AM and runs until 11 AM
Location: Radnor Benefits, 1500 Liberty Ridge Drive, Suite 321, Wayne PA 19087
RSVP if you are attending to firstname.lastname@example.org
Cost = Free to members
Here is a law alert I just got. Very interesting! I remember discussing this at a prior PASHHRA meeting.
Ellen Nassberg, FACHE
A Publication of Pepper Hamilton LLPClient Alert
FLSA Claims Against Six Philadelphia-Area Hospital Systems Dismissed with Prejudice
Monday, August 13, 2012
On August 8, 2012, Judge Cynthia M. Rufe of the Eastern District of Pennsylvania dismissed with prejudice wage loss claims against six Philadelphia-area hospital systems. Pepper Hamilton LLP represents Albert Einstein Healthcare Network and Abington Health in these actions. The six cases1 – all of which had been filed in November 2009 by Thomas & Solomon LLP, a plaintiffs’ firm that has filed dozens of nearly identical cases around the country purportedly on behalf of employees – alleged that the hospital systems had failed to appropriately compensate their employees for all hours worked, in violation of the Fair Labor Standards Act (FLSA), which requires employers to pay minimum wage and time-and-a-half for overtime, along with various state laws. The plaintiffs had also asserted ERISA and RICO claims in previous iterations of the complaints. The court dismissed these claims in earlier proceedings, and they were not asserted in the Third Amended Complaints.
The named plaintiffs in each of the six actions took aim at electronic time keeping systems that automatically deduct an employee’s meal break. The named plaintiffs, who purported to represent classes of thousands of employees working in dozens of different positions, alleged that they routinely worked through their meal breaks and were not compensated for that time. They also alleged that they were not compensated for tasks performed before and after their normally scheduled shifts and for time spent in training programs. The plaintiffs sought compensation under § 207(a) of the FLSA, which requires “employers to compensate employees for hours in excess of 40 per week at a rate of 1 ½ times the employees’ regular wages.” They also sought compensation for gap time – i.e., uncompensated hours below the 40-hour threshold of § 207(a).
The court dismissed the plaintiffs’ claims in their entirety, with prejudice. First, the court held that gap time claims are not cognizable under the FLSA: “The FLSA does not create liability for unpaid non-overtime compensation for an employee who was paid at least the minimum wage.” (citation omitted). The plaintiffs did not allege a failure to pay at least minimum wage. Second, the court determined that the plaintiffs could not maintain their claims for overtime compensation because they had not sufficiently alleged that they worked overtime (i.e., in excess of 40 hours in a week) and were not compensated. As pled, the court criticized the plaintiffs’ descriptions of their work schedules, which relied on vague assertions that they “frequently” or “occasionally” worked various hours, and concluded that “Plaintiffs have failed to allege a single specific instance in which a named Plaintiff worked overtime and was not compensated for this time.” The court also made it clear that verbosity is not a substitute for material allegations:
While the Third Amended Complaint contains 488 paragraphs, only 24 of those paragraphs allege facts specific to Plaintiffs in the case. Most of the remaining 464 paragraphs contain either irrelevant verbiage … immaterial background information … or legal assertions regarding potential theories of liability.
In dismissing these six FLSA actions, the Eastern District of Pennsylvania joined several other courts that have rejected this pleading style and dismissed cases brought by Thomas & Solomon and other firms. These courts have made clear that a plaintiff who asserts an FLSA claim must allege, with some reasonable particularity, that he/she worked more than 40 hours in a week and was not compensated. Generalizations will not suffice.
Although Judge Rufe did not foreclose the possibility that an automatic meal break deduction policy could be applied in a manner that violated the FLSA, she flatly rejected the plaintiffs’ argument that such automatic deduction policies are per se violations of the FLSA. These decisions will require future plaintiffs alleging claims for unpaid overtime to provide sufficiently detailed allegations regarding the overtime hours they claim to have worked but for which they were not paid.
Having dismissed the FLSA claims with prejudice, Judge Rufe declined to exercise jurisdiction over the state law claims.
1 Davis v. Abington Mem’l Hosp., No. 09-5520; Frattarola v. Mercy Health Sys. of Southeastern Pa., No. 09-5533; Lynn v. Aria Health Sys., Inc., No. 09-5548; Lynn v. Jefferson Health System, No. 09-5549; Ruff v. Albert Einstein Healthcare Network, 09-5550; Duncheskie v. Temple Univ. Health Sys., No. 09-5551.
Jan P. Levine, Christopher J. Moran, Robin P. Sumner, Sean P. McDevitt and Sara B. Richman
Organization: New York-Presbyterian Hospital (New York, NY)
Internationally acclaimed, New York-Presbyterian Hospital is committed to excellence in patient care, research, education and community service. The Vice President Talent Acquisition position, recently repositioned from Corporate Director Employment Services, presents a seasoned recruitment/talent acquisition leader with an exceptional opportunity to join a world class organization with an award-winning HR division.
- Ranked as the number one hospital in the state of New York and the number six hospital in the country by U.S. News & World Report, New York-Presbyterian Hospital is the nation’s largest not-for-profit, non-sectarian hospital, with 3,500 beds and over 20,000 employees.
- With award-winning recruiting and employment programs recognized nationally by E-Healthcare Leadership, DDI Summit, and American Hospital Association, New York Presbyterian’s turnover rate is less than 7% and the vacancy rate is less than 4%.
- Recognized as one of the foremost integrated academic health centers in the world, New York-Presbyterian Hospital has academic affiliations with two of the nation’s leading medical colleges: Weill Cornell Medical College and Columbia University College of Physicians and Surgeons.
- Regarded as a strategic partner to hospital leadership, the previously named Employment Services division has consistently kept pace with implementing recruiting best practices focusing on a strong partnership between Employment Services and operations.
- This Vice President is a direct report to the Senior Vice President and Chief Human Resources Officer, and has responsibility for overseeing all talent acquisition and recruitment operations and leading a best-practice system-wide recruitment strategy.
- As a key member of the NYP senior HR management team, this Vice President will anticipate and proactively address workforce planning and all aspects of talent acquisition, develop and mentor a strong team, and work collaboratively with operational leaders system-wide.
- The ideal candidate for the Vice President Talent Acquisition will be Master’s prepared with strong HR content expertise, with a particular emphasis on broad-based recruitment knowledge.
- Experience in healthcare is strongly preferred. A strong background in and comprehensive knowledge of recruitment strategy, operations and metrics is imperative; experience in academic medicine and unionized environments is highly preferred.
- The individual must have worked in a highly complex environment with multiple diverse internal customers and will be able to point to a track record of success in building strong, collaborative relationships with operational leaders throughout a large and geographically dispersed organization.
Inquiries?This opportunity is being presented by Jane Groves, Executive Vice President & Practice Leader, and John Lenihan, Consultant, MSA Executive Search/Integrated Healthcare Strategies. Interested candidates, or those wishing to share referrals, should contact Pat Neds, Senior Recruiter, at email@example.com.
Human Resources positions available in Langhorne, PA
For immediate consideration, please send resumes to firstname.lastname@example.org
Director, HR Operations
Position is responsible for the daily HR operations for St. Mary Medical Center. Develops and implements effective HR practices and policies, oversees recruitment, retention and performance improvement initiatives, and acts as primary contact for all employee relations issues. Bachelor’s degree, 5-8 yrs broad generalist HR experience and effective management skills required.
Manager, Compensation and Benefits
Position is responsible for the compensation and benefit programs for St. Mary Medical Center. Plans, develops and implements new and revised compensation and benefit programs, policies & procedures, in order to be responsive to the medical center’s goals and competitive practices. Conducts thorough audits to ensure programs are consistently administered in compliance with medical center policies and government regulations.
Knowledge of physician compensation is necessary. Bachelor’s degree, CCP, and 5-8 yrs comp/benefits experience required, w/some in healthcare industry.
Tammy Sosnowski, PHR
Payroll I Human Resources I Benefits
P 215-654-9140 ext.410
Please be advised that the Pennsylvania Department of Labor and Industry (L&I) published proposed regulations for the Prohibition of Excessive Overtime in Health Care Act, Act 102 of 2008, which took effect on July 1, 2009. The link to the Pennsylvania Bulletin is provided at the bottom of this e-mail.
HAP last met with the L&I on November of 2011 to express concerns around the act and enforcement by the department’s bureau of labor law compliance, which has been enforcing the act since its effective date. At that time, L&I informed HAP that they had intended to develop regulations that would address the complaint, penalties, and procedural hearings process that are not spelled out in the Act.
HAP members are encouraged to review the proposed regulations and submit comments by August 13 to:
Karen Galli, Deputy Chief Counsel
PA Department of Labor and Industry
651 Boas Street, 10th Floor
Harrisburg, PA 17120
(717) 783-5027 (fax)
HAP is analyzing the proposed regulations at this time. If you have any comments that you would like to share with HAP, please forward them to my attention at email@example.com.
Director for Workforce and Professional Services
The Hospital and Healthsystem Association of PA (HAP)
Link to PA Bulletin: http://www.pabulletin.com/secure/data/vol42/42-28/1301.html
Lin k to HAP Workforce Site: http://www.haponline.org/workforce/employment-issues/act102/
A leading insurance carrier in Philadelphia, PA is seeking an HR Generalist. This individual will provide comprehensive and direct involvement in overseeing/ supporting/administrating the staffing, compensation, employee relations, performance management and other related Human Resources functions for the Sales and Marketing Division. This individual will routinely, work with the VP, Group Sales Operations; AVPs and VPs of Sales; Regional Sales Managers; Field Service Directors and Regional Service Managers (and all other Sales & Marketing division leadership personnel) to implement these HR functions consistent with Company policies, guidelines, goals and objectives to directly support the business. Direct responsibility for extensive recruiting and performance management/performance appraisal duties.
The right person will have a Bachelor’s degree (major in HR preferred). Related Master’s degree in HR preferred. Minimum of five (5) years of directly related HR experience with a multi-state, multi-site employer of at least 1,000 employees (ideally supporting a remote location commissioned sales force); current knowledge of State and Federal laws essential; ability to work independently with minimal supervision; must exhibit excellent judgment in HR-related decision making; ability to interface effectively with all organizational levels; ability to prioritize and meet deadlines with a high degree of accuracy; ability to maintain extreme discretion and confidentiality; ability to function well in a fast-paced, diversified environment and work under pressure with ever-changing priorities; experienced at multi-tasking; must be results-oriented; must be knowledgeable in the use of PC and Microsoft software packages; some overnight travel required for various staffing activities.
Contact: Karla Hammond – firstname.lastname@example.org – 860-267-2690
As reported in the June 29, 2012 edition of HAP Update, House Bill 1820 was passed by the General Assembly, making the Pennsylvania Minimum Wage Act (PMWA) consistent with the federal Fair Labor Standards Act (FLSA) regarding the calculation of overtime. The bill amended the PMWA to allow hospitals to utilize the “8/80 method” to staff their facilities. The Governor signed the legislation into law on July 5 as Act 109 of 2012. This law takes effect immediately for hospitals.
Assistant Vice President – Human Resources
Suburban New York
Large university affiliated regional trauma center has rare opening for AVP of Human Resources. This organization has a deep commitment to medical education and research, offering a full complement of inpatient and outpatient services. The Hospital employs over 5,000 individuals, including nearly 1,500 nurses and 1,525 full-time and voluntary attending medical staff and is located in an outstanding residential suburban community.
Responsible for both operational and strategic oversight for the Human Resources Department
Specifically responsible for the planning, development coordination, implementation and management of Employment, Compensation, Employee Relations, liaisons with HRIS Department, provides leadership and oversight for performance management, succession and workforce planning and labor relations for union employees.
Master Degree required
10-15 Years’ Experience in Human Resources Management
Knowledge and expertise in all areas of Human Resources
- Excellent communication and interpersonal skills are required in order to negotiate with a diverse group of people regarding various issues and programs
- Strong analytical skills, project planning and implementation.
- Knowledge of HR technology and implementation
Excellent Salary, annual bonus potential and relocation assistance
Given your position it is probable that you know qualified and interested individuals, please share with those you feel appropriate.
If you are interested in learning more about these exciting opportunities and organizations, please submit your resume for complete job description and organizational information to:
Pat Holtermann at 360-665-2433 ~ 888-778-0098 or Send resume to email@example.com
Visit our website www.hva-jobs.comto view additional career opportunities
Holtermann & Associates, 1105 195th Street, Long Beach, WA 98631
- $1,000 bonus paid upon hire of your referral
Welcome to the slating process for the 2013 ASHHRA Board of Directors. This is your opportunity to review the slate of candidates recommended by the ASHHRA National Nominating Committee and the ASHHRA Board of Directors.
We have provided candidate profiles below for your review. On June 4th, you will receive an email notice to begin voting. Online ballots must be completed by close of business (5:30 p.m. ET) on July 3, 2012.
|Maureen O’Keeffe bio|
System Vice President of Human Resources
St. Luke’s Health System
For Vice President
|James L. Frain, SPHR, CEBS bio|
Vice President, Human Resources
South Bend Medical Foundation, Inc.
South Bend, Ind.
|Amy C. Barry bio|
Transitioning to System Vice President, Human Resources
Columbia, S.C. (from Martin Health System)
For At-Large Board Director
|Nicole Morin-Scribner, SPHR bio|
Director of Human Resources and Learning
St. Mary’s Health System
For At-Large Board Director
|Marit Brock, SPHR, CMPE bio|
Chief Human Resources Officer
Minnesota Gastroenterology, P.A.
St. Paul, Minn.
For Non-Hospital Health Care Board Director
|John Ostrom, SPHR bio|
Human Resources Director
Intermountain Medical Group
Salt Lake City, Utah
For Non-Hospital Health Care Board Director
|Deborah Rubens, SPHR-CA bio|
Director, Human Resources
Shriners Hospitals for Children Northern California
For Chapter Officer Director
|Kristen E. Fox bio|
Director, Human Resources
Kadlec Health System
For Regional Director
|Tedd Marefka, MHR bio|
Chief Human Resource Officer
Health Choice Network
For New-to-the-Profession Director