A. Kevin Troutman

A. Kevin Troutman

Fisher Phillips

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Latest Publications


6 Employment Actions That Can “Automatically” Land Your Hospital In Court

As a healthcare employer, it must be tempting to want to develop rigid workplace rules that will help newbie bosses reach conclusions almost automatically, especially where the best nurses or techs often become supervisors...more

2/10/2017 - Criminal Background Checks Dress Codes Drug Testing EEOC Employer Liability Issues FMLA Health Care Providers Hiring & Firing Hospitals Reasonable Accommodation Willful Misconduct

OSHA Turns Up The Heat On Healthcare Employers

As most in the healthcare industry know, the United States Department of Labor – Occupational Safety and Health Administration (OSHA) continues its scrutiny of the industry. According to OSHA, more workers are injured in the...more

11/1/2016 - Employee Restrooms Health Care Providers OSHA Transgender Workplace Safety

Employer Wins $5 Million From Bullying Union

Lessons To Be Learned For Organizing Campaigns - For the first time in American labor law history, a jury found that a union defamed and disparaged an employer while waging a bitter organizing campaign, costing the...more

10/7/2016 - Adverse Employment Action Best Management Practices Corporate Counsel Damages Defamation Disparagement NLRB SEIU Unfair Labor Practices Union Elections

Court Tosses Flu Shot Lawsuit - Employee’s Religious Discrimination Claim Falls Flat

In our last edition of the Healthcare Update, we reported that the Equal Employment Opportunity Commission (EEOC) had filed a June 2016 lawsuit against that Baystate Medical Center in Massachusetts, claiming that the employer...more

9/7/2016 - Corporate Counsel EEOC Enforcement Actions Flu Shot Rule Health Care Providers Popular Religious Accommodation

EEOC Sues Hospital Over Flu Shot Dispute

In its continuing effort to press employers to accommodate workers under a variety of circumstances, the Equal Employment Opportunity Commission (EEOC) recently sued a Massachusetts hospital over its flu shot policy. The June...more

8/9/2016 - ADA EEOC Employer Liability Issues Enforcement Actions Flu Shot Rule Health Care Providers Hiring & Firing Reasonable Accommodation Termination

Gig Employer Heartburn: Challenge to GrubHub’s Classification System Continues

A putative class action case, alleging that online food delivery service GrubHub misclassified its drivers, has survived a motion to dismiss and will proceed in California federal court. Noting that GrubHub’s view of the...more

7/18/2016 - Class Action Corporate Counsel Gig Economy Independent Contractors Misclassification Wage and Hour

Six Proven Tactics To Help Avoid The "Ticking Time Bomb" Employee

Each new headline in the news describing the latest workplace violence tragedy reminds managers and human resources executives of their tremendous responsibilities in attempting to help prevent such senseless acts....more

11/11/2015 - Best Management Practices Employee Assistance Programs Hiring & Firing Human Resources Professionals Workplace Violence

Looking Over Your Employees' Shoulders

As shifting privacy lines allow employers to reach further and further into employee conduct, it’s increasingly important that you know the legal limits. Many employees will question the legality of increased employer...more

4/2/2015 - Corporate Counsel Employer Liability Issues Employment Policies GPS Illegal Conduct Off-Duty Employees Popular Privacy Concerns Right to Privacy

DOL's Wage Rule for Home Care Workers on Hold

A federal judge has scuttled key aspects of the U.S. Labor Department's (DOL's) rule that would have extended the federal Fair Labor Standards Act's minimum wage and overtime requirements to many home care workers. The rule...more

2/17/2015 - Companionship Exemptions DOL Employer Mandates FLSA Home Health Agencies Home Health Care Home Healthcare Workers New Regulations Wage and Hour

Judge Vacates Parts of USDOL Home-Care Regulation

A federal judge has scuttled key aspects of the U.S. Department of Labor's rule that would have extended the federal Fair Labor Standards Act's minimum-wage and overtime requirements to many home care workers starting January...more

1/19/2015 - Companionship Exemptions DOL FLSA Home Health Agencies Home Health Care Home Healthcare Workers Minimum Wage Wage and Hour

Ebola Preparedness

How should an employer respond when it learns that an employee is planning a trip to West Africa to visit family? What if other employees refuse to come to work because they fear that the returning employee may have been...more

11/18/2014 - Best Management Practices CDC Ebola Employer Liability Issues OSHA Workplace Safety

Don't Fall Into The Gap: Wage/Hour Lawsuit Highlights Risks For Employers

In August, the U.S. Circuit Court of Appeals for the 3rd Circuit affirmed dismissal of five purported class or collective actions brought against a number of healthcare systems and their affiliates. Although favorable for the...more

11/10/2014 - Compliance Employer Liability Issues Wage and Hour Wages

Healthcare Update, No. 4, November 2013: What's An "Individualized Analysis" – And Why Should I Care?

The Americans with Disabilities Act (ADA) poses ongoing compliance challenges and attracts significant attention from plaintiffs' lawyers and the Equal Employment Opportunity Commission (EEOC). The resulting litigation...more

11/11/2013 - ADA Compliance Disability DOJ EEOC Employer Liability Issues Healthcare Reasonable Accommodation

Healthcare Update, No. 3, August 2013: Government Agencies Taking Dim View of Employers' "Bright-Line" Policies

For years, human resources practitioners have been able to confidently rely on a simple principle when dealing with a variety of tough decisions. That principle is “consistency” in applying company policies, meaning that...more

8/9/2013 - ADA Bright-Line Rule EEOC Healthcare Human Resources Professionals NLRA NLRB

Labor Letter, August 2013: Make Your No-Harassment Policy Less Sexy

In recent years, many high-profile workplace-harassment lawsuits have grabbed headlines, complete with lewd and salacious allegations. Sexual harassment is indeed a form of gender discrimination and courts have issued many...more

8/6/2013 - Anti-Harassment Policies EEOC Employer Liability Issues Gender Discrimination Harassment Sex Discrimination Sexual Harassment

Healthcare Update, No. 1, February 2013: Top 10 Supervisory Survival Tools For 2013

As the new year unfolds, supervisors may have even less time to manage all the complexities that arise in the world of employment law. With goals and deadlines to meet, well-intentioned managers may be tempted to rely on...more

2/11/2013 - Human Resources Professionals Protected Class Supervisors

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