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HTMLOSHA Considers Use of Kinesiology Tape as Medical Treatment
Tressi L. Cordaro; Jackson Lewis P.C.;
Legal Alert/Article
January 30, 2015, previously published on December 23, 2014
In a letter of interpretation to Ms. Linda Ballas dated December 12, 2014, OSHA clarified that the use of kinesiology tape is considered medical treatment for OSHA recordkeeping purposes and is, therefore, recordable when used to treat a work-related injury.

 

HTMLAppeals Court Finds No Breach of Settlement Agreement by Hospital Disclosing Nursing Board Report to Prospective Employer of Former Employee
Michael R. Bertoncini; Jackson Lewis P.C.;
Legal Alert/Article
January 30, 2015, previously published on December 9, 2014
A hospital did not breach its settlement agreement with a former employee when it disclosed to a prospective employer that it reported her to the New Jersey Board of Nursing (the "Nursing Board"), a federal appeals court has ruled. Debra Weisman, et al. v. New Jersey Dept. of Human...

 

HTMLU.S. District Court Blocks U.S. DOL's New Definition of Companionship Services Under FLSA
Stephen E. Zweig; Ford & Harrison LLP;
Legal Alert/Article
January 30, 2015, previously published on January 2, 2015
Executive Summary: The U.S. District Court for the District of Columbia has issued a Temporary Restraining Order ("TRO") blocking the U.S. Department of Labor ("DOL") from enforcing the new definition of Companionship Services in its Final Rule on the Application of the Fair...

 

HTMLMedical Testimony Needed in ADA Case to Establish Impairment and Limitations It Caused
Michael J. Solis; Jackson Lewis P.C.;
Legal Alert/Article
January 30, 2015, previously published on December 21, 2014
A plaintiff's declarations that her medical impairment led to her limitations were insufficient to defeat her employer's summary judgment motion because she failed to provide "proper evidence that any limitation she many have is caused by" her medical impairment, the U.S. Court of Appeals...

 

HTMLCourt Allows Retaliation Claim to Proceed Where Reason for Termination was Unclear
Michael R. Bertoncini; Jackson Lewis P.C.;
Legal Alert/Article
January 30, 2015, previously published on December 1, 2014
An EMT can proceed with his retaliation claims where he presented sufficient evidence to require a trier of fact to determine whether his former employer's asserted reason for terminating his employment is pretext for unlawful retaliation under Title VII of the Civil Rights Act of 1964 and the New...

 

HTMLDep't of Education Negotiates Groundbreaking Agreement to Resolve Website Accessibility Investigation at State University.
Michael J. Soltis; Jackson Lewis P.C.;
Legal Alert/Article
January 30, 2015, previously published on December 23, 2014
In March, we reported on a landmark consent decree that settled the first lawsuit filed by the U.S. Department of Justice alleging that a corporate website failed to meet standards for accessibility established by Title III the Americans with Disabilities Act (ADA). Now, the U.S. Department of...

 

HTMLReinstatement of Police Officer Who Lied About Medical History Upheld
Michael J. Solis; Jackson Lewis P.C.;
Legal Alert/Article
January 30, 2015, previously published on December 17, 2014
The Connecticut Supreme Court has upheld an arbitrator's award reinstating a police officer who lied to a neurologist about his medical history during an independent medical examination. Town of Stratford v. AFSCME, Council 15, Local 407.

 

HTMLFDA Publishes Guidance Meant to Help Firms Understand the Labeling Section Related to Patient Counseling
Scott S. Liebman; Loeb Loeb LLP;
Legal Alert/Article
January 29, 2015, previously published on December 2014
The regulator issued guidance containing recommendations meant to ensure that the “Patient Counseling Information” section of labeling is clear and useful, as well as consistent.

 

HTMLFDA Issues Proposed Regulations Requiring Electronic Distribution of Drug Labeling to Ensure Healthcare Providers Have the Most Up-To-Date Prescribing Information
Scott S. Liebman; Loeb Loeb LLP;
Legal Alert/Article
January 29, 2015, previously published on December 2014
The agency is proposing to require pharmaceutical firms to provide healthcare providers with real-time electronic updates of drug label changes, forgoing printed labels, a change the agency says is intended to ensure that healthcare professionals and patients have the most current version of...

 

HTMLStryker to Undertake Compliance Efforts as Part of the DOJ Settlement over Otismed’s Unapproved Marketing of Devices before the Company Was Acquired
Scott S. Liebman; Loeb Loeb LLP;
Legal Alert/Article
January 29, 2015, previously published on December 2014
As OtisMed pleads guilty to selling unapproved devices, current parent company Stryker must pay $80 million and carry out compliance efforts for violations that occurred prior to Stryker's acquisition of OtisMed.

 


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