United States: Possible Hospital Malpractice Exposure In Missouri For Non-Employed Physicians

Based on a recent Missouri Court of Appeals case, hospitals need to be aware that they could be liable for the acts or omissions of any physician on their medical staff, if such physician is considered an “employee” of the hospital according to common-law principles of agency. Such principles focus on the amount of control the hospital has over the physician’s work.

Brief Facts. In Jefferson et al. v. Missouri Baptist Medical Center et al., […]

By | January 17th, 2015 ||

Report: U.S. Department Of Labor Proposal To Almost Double Minimum Salary For Exempt Employees

In March 2014, President Obama directed the U.S. Department of Labor (DOL) to update existing overtime regulations for so-called “white collar” employees under the federal Fair Labor Standards Act (FLSA). In response to the president’s mandate, the DOL is preparing a proposed regulation entitled “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees.” The proposal is expected to narrow the “white collar” exemptions and make more workers eligible for […]

By | January 17th, 2015 ||

Canada: Québec: Harrassment Complaint In The Workplace And Internal Investigations – Does Procedural Fairness Apply?

In a recent case, the Quebec Court of Appeal overturned a Court of Quebec judgment and found that procedural fairness standards applicable to administrative law are not applicable to internal investigations into complaints of psychological harassment in the workplace.

Facts

The appellant was a college professor who was dismissed for psychological harassment of some of his colleagues. The respondent was selected to investigate two complaints of psychological harassment filed on behalf of two colleagues against the […]

By | January 16th, 2015 ||