The7th U.S. Circuit Court of Appeals recently overturned a lower court’s summary judgment in favor of a home care agency, holding that a jury should be allowed to determine whether the agency’s shifting explanations for the firing could, in fact, be a pretext for pregnancy discrimination. Hitchcock v. Angel Corps Inc., 7th Cir., No.
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To invoke FMLA protection for care of another, some geographic proximity is required by the employee.
By Maria Danaher on
Posted in FMLA
In an unpublished opinion, the 5th U.S. Circuit Court of Appeals has held that an individual who requests FMLA leave to care for a seriously ill family member must have some role in providing the “care” required by the relative’s illness. According to the Fifth Circuit, a father who left his seriously injured daughter in…
The Affordable Care Act: Something to Think About While Waiting for the Courts of Appeals to Rule
By Maria Danaher on
Posted in Health Law
As the first anniversary of the Patient Protection and Affordable Care Act approaches on March 23, five district courts have issued final judgments on the issue of whether the Act itself is constitutional. The score is 3-2 in the federal government’s favor, but all five cases are on appeal at this time. The principal issue in those cases…
Down the Rabbit Hole Again: OFCCP Continues to Expand Jurisdictional Thresholds for Health Care Providers and Insurers
By Maria Danaher on
Posted in Health Law
Written by Leigh M. Nason, Esquire (Ogletree Deakins, Columbia, SC)
Despite ongoing litigation with health care providers and insurers, the Office of Federal Contract Compliance Programs (OFCCP) recently issued an extensive administrative directive to provide “comprehensive guidance for assessing when health care providers and insurers are federal contractors or subcontractors.” The December 16 directive…