Healthcare entities are being faced with a growing number of challenges related to the virus SARS-CoV-2, or the disease caused by that virus, COVID-19. One of those challenges is the issue of how to apply the Privacy Rule of the Health Insurance Portability and Accountability Act (HIPAA), and when to share names or other identifying
A 2019 ADA decision regarding Ebola may become relevant because of the new coronavirus.
Although the Americans with Disabilities Act (ADA) protects qualified individuals who may be perceived as having a disability, that Act does not protect individuals who may be perceived as possibly becoming disabled in the future. EEOC v. STME, LLC, 11th Cir., No. 18-11121, 9/12/19.
Kimberly Lowe began working as a massage therapist at Massage
Non-employee’s racial bias may lead to liability for employer.
Most – if not all – employers are aware that both federal and state laws preclude employment discrimination based upon the race or national origin of an employee, and know that illegal activity can include both discriminatory actions and biased statements. Most employers, however, are unaware that certain of those laws also preclude discrimination by
New Federal Minimum Wage and Overtime Requirements for Home Health Care Workers Reinstated by Appellate Court
This article was written by Carolyn E. Sieve (Of Counsel in the Orange County office of Ogletree Deakins) and Robert R. Roginson (Shareholder in the Los Angeles office of Ogletree Deakins).
On August 21, 2015, the United States Court of Appeals for the D.C. Circuit in Home Care Association of America v. Weil reinstated the
Getting with the (Wellness) Program: EEOC Proposes New ADA Regulations for Wellness Programs
This post was written by Ogletree Deakins attorneys, Jeanne E. Floyd (Of Counsel, Richmond Office), and Ruth Anne Collins Michels (Shareholder, Atlanta Office), and was published originally on the firm’s website on April 21, 2015.
For some time, employers have faced uncertainty about the status of their wellness programs under the Americans with Disabilities Act
Is your workforce knowledgeable about Ebola . . . and should it be?
Concerns related to the Ebola outbreak are increasing on the part of both employers and employees in the U.S.. While the outbreak is most active in the West African nations of Guinea, Liberia, Nigeria, and Sierra Leone, there has been at least one confirmed case in the United States. The key to preventing the spread
Handbook’s prohibition on “negative comments” about team members found to have violated the NLRA.
Like many employers, Hills and Dales General Hospital’s employee policies included provisions prohibiting “negative comments” about fellow team members, and precluded engaging in “negativity or gossip.” The policies further included a requirement to represent the hospital within the community “in a positive and professional manner in every opportunity.”
Recently, a three-member panel of the National
Staffing company is not liable for employee’s act of poisoning a coworker.
The increased use of staffing agencies to place employees into the workforce has led to a growing number of court decisions regarding the responsibility of such agencies for the actions of the individuals placed.
Recently, a California Court of Appeals granted summary judgment in favor of a staffing agency sued by an individual whose drinking
Physician not required to exhaust hospital’s administrative review process before suing hospital under state’s whistleblower statute.
California’s Supreme Court has ruled that a physician who reported concerns related to patient treatment and subsequently was fired did not have to first seek and obtain a mandamus judgment setting aside the hospital’s decision before suing the hospital in state court. Fahlen v. Sutter Central Valley Hospitals, Supreme Court of California, No. S205568, February
Employment at-will remains a viable concept – at least in Pennsylvania.
“healthcare law” “H-1B visa” “at-will” “immigration”
Continue Reading Employment at-will remains a viable concept – at least in Pennsylvania.