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HTMLWork A Full Eight Hours? That's Not In My Job Description!
Myra K. Creighton; Fisher & Phillips LLP;
Legal Alert/Article
August 12, 2014, previously published on August 1, 2014
According to the EEOC, healthcare employers are disproportionately represented in the ranks of those sued for violations of the Americans with Disabilities Act (ADA). Baptist Health South Florida, Inc. recently became one of those unlucky healthcare providers when the EEOC sued it for failure to...

 

HTMLHow The ADA Impacts Your Hiring
Elizabeth A. Olivier; Fisher & Phillips LLP;
Legal Alert/Article
August 12, 2014, previously published on August 1, 2014
Most employers understand their fundamental obligations under the Americans with Disabilities Act (ADA) to protect against disability discrimination and to provide reasonable accommodations to qualified disabled employees, enabling them to perform essential functions of their jobs. But these...

 

HTMLBeware The “Anticipatory Pregnancy” Claim
Jonathan T. Hyman; Kohrman Jackson & Krantz PLL;
Legal Alert/Article
August 11, 2014, previously published on August 6, 2014
In Cadenas v. Butterfield Health Care II, Inc. (N.D. Ill. 7/15/14), a federal court asked the question of whether an employer could terminate a pregnant employee on the basis of its inability to accommodate her future pregnancy-related job restrictions. Even though the employee won this battle, the...

 

HTMLEmployee Privacy Breaches - Do They Warrant Discipline?
Richard G. Petrie; Stewart McKelvey;
Legal Alert/Article
August 6, 2014, previously published on Summer 2014
In 2012 the Ontario Court of Appeal first established the tort of intrusion upon seclusion to Canadian law in Jones v Tsige. Apart from the obvious impact of this case on those who are the victims of a privacy breach, the case has raised interesting questions in the field of labour and employment...

 

Adobe PDFPot Luck - Best Practices for NY & NJ Employers Addressing Medical Marijuana Use in the Workplace
Grace A. Byrd, Charles H. Kaplan, Galit Kierkut, David I. Rosen; Sills Cummis & Gross P.C.;
Legal Alert/Article
July 31, 2014, previously published on July 2014
Approximately 18 years after California passed the first state medical marijuana law in 1996, 23 states and Washington D.C. now have enacted medical marijuana statutes. After years of failed attempts, on July 7, 2014 Governor Andrew Cuomo signed into law the Compassionate Care Act (“NY...

 

HTMLBig Increase in 2014 Service Contract Act Health & Welfare Rate Announced
Jackson Lewis P.C.;
Legal Alert/Article
July 31, 2014, previously published on July 28, 2014
The U.S. Department of Labor (DOL) has released its annual memorandum with the rate increase for Service Contract Act (SCA) Health and Welfare (H&W) Fringe Benefits. The new rate of $4.02 per hour (up from last year’s $3.81 per hour) is required in all government contract bids or other...

 

HTMLLabor Board Allows Micro-Unit at Retailer, Citing Specialty Healthcare
Jackson Lewis P.C.;
Legal Alert/Article
July 31, 2014, previously published on July 30, 2014
In a much-anticipated decision, the National Labor Relations Board has held a union’s petitioned-for micro-bargaining unit of retail store employees was appropriate, rejecting the employer’s argument that the employees the union sought to represent shared an “overwhelming...

 

HTMLCourts Differ on Healthcare Reform
Mark L. Mattioli; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 26, 2014, previously published on July 23, 2014
Yesterday, two separate courts of appeals rendered contrary decisions on whether the subsidy provision of the Affordable Care Act (ACA) applies in states that have opted not to run their own insurance exchanges. Cur­rently, only 14 states have established their own exchanges, while 36 states,...

 

HTMLWill There Be Tax Credit Subsidies for Health Coverage Purchased on the Federal
Thora A. Johnson, Elizabeth C. Keenan, Ralph S. Tyler; Venable LLP;
Legal Alert/Article
July 25, 2014, previously published on July 23, 2014
There is no letup in the intensity of the litigation wars surrounding the Affordable Care Act (ACA) or in the significance of the matters at issue. In 2012, the Supreme Court narrowly upheld the ACA in the face of a full-scale attack while invalidating the ACA's Medicaid expansion requirements. A...

 

HTMLShould You Block Social Media at Work?
Jonathan T. Hyman; Kohrman Jackson & Krantz PLL;
Legal Alert/Article
July 19, 2014, previously published on July 14, 2014
One of my summer television addictions is NY Med, which follows surgeons around some of the New York metro area’s busiest hospitals. One this summer’s episodes focused on a man who had been hit by a subway train. An ER nurse Instagrammed a photo of the empty trauma room, along with the...

 


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