By Mike O’Brien The United States Senate passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act in February. The legislation had previously been approved by the House of Representatives, and now awaits President Biden’s signature. Once signed, the new law will amend the Federal Arbitration Act to make pre-dispute mandatory arbitration agreements … [Read more...] about Forced arbitration of sexual assault and harassment coming to an end
Compliance
EEOC updates guidance related to COVID-19 and ADA
By Mike O'Brien The EEOC recently released updated guidance on the intersection between COVID-19 and major federal employment laws. In particular, the agency explained that COVID-19 may be considered an ADA-protected disability in certain cases. While mild or asymptomatic cases of the illness do not constitute an ADA-protected disability, other more severe cases, including … [Read more...] about EEOC updates guidance related to COVID-19 and ADA
5 more HIPAA patient rights violations: strategies for avoiding fines
By Danika Brinda In September of 2019, the Office of Civil Rights (OCR) of the Department of Health and Human Services settled the first HIPAA Fine and Corrective Action Plan for $85,000. Fast forward a little over 2 years to late last year the OCR assigned five more fines and corrective actions plans for non-compliance with Patient Access, now totaling 25 covered … [Read more...] about 5 more HIPAA patient rights violations: strategies for avoiding fines
OSHA emergency vaccine mandate withdrawn and forced arbitration may end for workplace sexual harassment
By Mike O’Brien After a recent United States Supreme Court decision prohibited it, the Occupational Safety and Health Administration (OSHA) officially announced the withdrawal of its COVID-19 vaccination and testing Emergency Temporary Standard (ETS), effective Jan. 26, 2022. According to The Society for Human Resource Management (SHRM), “OSHA’s withdrawal of its COVID-19 … [Read more...] about OSHA emergency vaccine mandate withdrawn and forced arbitration may end for workplace sexual harassment
A staffer hands you a two-week notice: What’s next?
By Paul Edwards It’s 4:30 on a Friday afternoon, and one of your employees knocks on your door asking to come in. They’re avoiding eye contact, they’re fidgety, nervous… This can’t be good news. You imagine accidentally shredded payroll reports, stolen laptops full of patient information, or something equally catastrophic. But when the employee tells you what’s going on, it’s … [Read more...] about A staffer hands you a two-week notice: What’s next?
Did your employees move out of state during the pandemic?
By Mike O'Brien Here’s a growing concern for employers over the last couple of years: discovering that an employee has moved from one state to another while working remotely during the pandemic. This situation presents a number of problems and challenges for employers. Imagine the situation where you are a state-based company and hire someone who lives in the state. Unless … [Read more...] about Did your employees move out of state during the pandemic?
Supreme court blocks OSHA vaccine mandate, dissolves stay on CMS mandate for healthcare industry
By Mike O’Brien In a 6-3 decision, the U.S. Supreme Court has issued its opinion blocking OSHA’s vaccine mandate for employers with 100 or more employees. The majority ruled on Jan. 13 that OSHA had exceeded its authority when it issued the vaccine mandate, concluding that OSHA has authority only “to set workplace safety standards, not broad public health measures.” The court … [Read more...] about Supreme court blocks OSHA vaccine mandate, dissolves stay on CMS mandate for healthcare industry
Failure to prevent ransomware attacks exposes healthcare providers to costly negligence lawsuits
Custodians of personal health information have become a prime target for ransomware attacks. In addition to fines for HIPAA violations, failure to safeguard patient medical information against these threats can lead to liability under state negligence and gross negligence laws, including within the framework of potentially disastrous class action lawsuits. The recent case … [Read more...] about Failure to prevent ransomware attacks exposes healthcare providers to costly negligence lawsuits
What to do if an employee defies your mandatory vaccination policy
Mandatory vaccination policies have become a touchstone issue for employers in just about every industry. And all of this begs a question of crucial importance: What should you do when employees defy your medical office’s mandatory vaccination policy? Your choices: Terminate them immediately Accommodate them immediately None of the above The answer is C, none of the … [Read more...] about What to do if an employee defies your mandatory vaccination policy
Feds crack down on telemedicine and COVID-19 fraud
Telemedicine was a minor but growing blip on the enforcement radar before the public health emergency. But with the dramatic step up in utilization during the COVID-19 pandemic, it was all but inevitable that schemes involving telemedicine fraud would command more of the Department of Justice’s attention. So, the agency’s September announcement of its latest nationwide … [Read more...] about Feds crack down on telemedicine and COVID-19 fraud