By Mike O'Brien bio In an update to its FAQ, OSHA has stated that cloth face coverings do not constitute personal protective equipment (PPE). According to OSHA, there isn’t enough information currently available to determine if a particular cloth face covering provides sufficient protection from the coronavirus hazard to be PPE under OSHA’s standard. OSHA’s determination is … [Read more...] about OSHA says cloth face coverings are not “PPE”
Compliance
OIG issues fraud alert on pharmaceutical company in-person speaker programs
Before the pandemic put the chill on live conference events, it was fairly common for pharmaceutical companies, device makers and diagnostics companies to offer healthcare professionals fees for in-person speaking appearances. Such practices raise red flags under the federal Anti-Kickback Statute (AKS) when those speakers recommend the products of those companies to their … [Read more...] about OIG issues fraud alert on pharmaceutical company in-person speaker programs
How HR regulations could change under Biden administration
By Mike O'Brien bio Employers may be wondering how a Biden administration will affect workplace laws. Prior to the election, Biden’s campaign website gives some clues as to his priorities in this area. Biden lists the failure to pay minimum wage and overtime pay, forcing off-the-clock work, and misclassifying workers as problems resulting in billions of dollars a year in wage … [Read more...] about How HR regulations could change under Biden administration
Can we use a contact tracing app to protect our business and employees?
By Lynne Curry bio Question: Every morning we conduct wellness checks on our employees as they arrive at work, but worry that some employees don’t monitor physical distancing when not at work. We’re barely hanging on as a practice, but all it would take is one employee getting COVID and infecting our other employees to shut us down. We have heard apps can provide real-time … [Read more...] about Can we use a contact tracing app to protect our business and employees?
Do employers owe employees paid sick leave when they self-quarantine?
By Lynne Curry bio Question: After I spent a weekend bar hopping, I felt remorseful, and self-quarantined so I wouldn’t bring COVID into my workplace and make others ill. I also took a COVID test and luckily tested negative. Since my employer had moved everyone back on-site, I couldn’t work remotely and labeled my time off as sick leave. I just got my paycheck and apparently … [Read more...] about Do employers owe employees paid sick leave when they self-quarantine?
How to Create a Legally Sound Substance Abuse Policy
Bottom Line on Top: Make it all about fitness for duty, rather than zero tolerance Although it may sound good, zero tolerance may not be the best foundation on which to build a legally enforceable workplace substance abuse policy. This is especially true in states that have legalized recreational marijuana. The reason drug and alcohol use and impairment in the workplace cannot … [Read more...] about How to Create a Legally Sound Substance Abuse Policy
How to create a legally sound COVID-19 medical screening policy
As essential workplaces, medical offices need to remain open and operating during the pandemic. At the same time, they need to ensure that employees practice social distancing and keep the infected and potentially infected away from the well. Like so many other companies facing the same challenge, you may be considering medically screening your employees each day before … [Read more...] about How to create a legally sound COVID-19 medical screening policy
New COVID-19 guidance for your medical office from EEOC
By Mike O'Brien bio The Equal Employment Opportunity Commission (EEOC) recently updated its COVID-19 guidance page, addressing a number of issues. Here are some of them: On coronavirus testing, the EEOC said general testing administered by employers consistent with current CDC guidance will meet the ADA’s “business necessity” standard, and noted that employers should ensure … [Read more...] about New COVID-19 guidance for your medical office from EEOC
Who’s an independent contractor? DOL explains
By Mike O'Brien bio DOL tries to clarify independent contractor definition The US Department of Labor (DOL) has proposed what it believes is a simplified definition of independent contractor (IC) for purposes of applying wage provisions of the Fair Labor Standards Act (FLSA), which applies only to employees. The new DOL proposal still focuses on the factors of economic reality, … [Read more...] about Who’s an independent contractor? DOL explains
Office’s duty to protect returning employees from COVID-19 discrimination and harassment
SITUATION Fully recovered from his bout with COVID-19, Max is thrilled and excited to return to his custodian job after 14 days of mandatory home isolation. But almost immediately, he senses that something is wrong. His co-workers shun him and leave the room the moment he enters. And, while hygiene and handwashing are de rigueur for all maintenance staff, Max alone is required … [Read more...] about Office’s duty to protect returning employees from COVID-19 discrimination and harassment