Supreme Court rejects longstanding labor rule for nurses. NLRB v. Health Care & Retirement Corp. of America

This past year, the Supreme Court significantly changed the rules regarding whether nurses are entitled to unionize, strike, and engage in other concerted activities under the National Labor Relations Act (NLRA). Health care employers may now lawfully deny NLRA rights to any nurse that assigns or responsibly directs the work of other employees in a manner that requires the use of independent judgment. Accordingly, health care employers will need to revise their labor relations policies and implement well-informed litigation strategies for defending their decision making in light of the Supreme Court's ruling.