Author Archives: Brandon Sher

Brandon Sher

About: Brandon Sher

Brandon focuses his practice on employment litigation and counseling, including wage and hour issues, hiring, firing, employee discipline, federal and state discrimination laws, sexual and other prohibited harassment, the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Worker Adjustment and Retraining Notification Act (WARN), trade secrets and non-compete agreements.

Risky Business – Skilled Nursing Facilities Under Attack

Have you ever read a brochure for a resort, college, or apartment complex and expected everything it said to be completely and totally accurate without any caveats?  In the Commonwealth of Pennsylvania, a chain skilled nursing facility is under attack for representations it made in its marketing materials. In July of 2015, the Commonwealth of Pennsylvania, by its Office of Attorney General (“OAG”), filed a Petition for Injunctive Relief against Golden Gate National Senior Care, LLC’s Pennsylvania facilities (“Golden Gate”).  The OAG asserted a claim under the Pennsylvania Unfair Trade Practices and Consumer Protection Law (“UTPCPL”), 73 Pa C.S.A. § …

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Posted in Litigation Issues, Management Advice, Marketing \ Comments Off on Risky Business – Skilled Nursing Facilities Under Attack

NLRB Sacks Long Term Care Facility’s Attempt to Avoid Class Actions

In Service Employees International Union v. Montecito Heights Healthcare & Wellness Centre, LP, Case No. 31-CA-129747, the NLRB ruled that a skilled nursing facility’s arbitration provision in its alternative dispute resolution (“ADR”) policy requiring its unionized employees to waive their right to bring class actions or to act concertedly violated federal labor law.  If you are non-unionized, do not stop reading here because this ruling has the potential of being applied to non-union workplaces. The nursing facility’s ADR policy expressly prohibited “employees from joining a class action or representative action.” Relying on precedent promulgated by the NLRB in Murphy Oil …

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Posted in Dispute Resolution, Employment Advice, Employment Practices, Labor Law, Litigation Issues, Management Advice, Policies & Procedures \ Comments Off on NLRB Sacks Long Term Care Facility’s Attempt to Avoid Class Actions