Danielle Barbour Wilson

Danielle Barbour Wilson

Poyner Spruill LLP

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Shorts on Long Term Care - Summer 2014

In this issue: - Nursing Facility Survey Trends: Directed Plans of Correction, Privacy Violations and FTag 520 Quality Assurance Committee Citations - COBRA Meets ACA – Time to Update COBRA Notices -...more

7/25/2014 - Administrative Hearings Advance Directives Affordable Care Act COBRA Dual Eligibility Email Employer Liability Issues Healthcare Hospitals Long-Term Care Medicare Medicare Part C NLRB Patient Privacy Rights Plan of Correction

EEOC Updates Enforcement Guidance on Pregnancy Discrimination

For the first time in 30 years, the Equal Employment Opportunity Commission (EEOC) has updated its enforcement guidance on pregnancy discrimination and related issues. The enforcement guidance notice, dated July 14, 2014,...more

7/22/2014

Employer Sanctioned for Failing to Issue a Litigation Hold After Notice of EEOC Charge

In a case from the United States District Court for the Western District of Washington, an employer and its attorneys were sanctioned for spoliation of evidence caused by the employer’s failure to issue a litigation hold and...more

5/28/2014 - EEOC Employee Rights Employer Liability Issues Popular

NLRB Reconsiders Employee Use of E-mail Systems

Under current law, employees have no statutory right to use their employer-provided email for Section 7 purposes. However, on April 30, 2014, the National Labor Relations Board (NLRB or the Board) released a Notice and...more

5/13/2014 - Email Employee Rights Employer Liability Issues NLRA NLRB

Employees May Affirmatively Decline To Use FMLA Leave - When Requesting Leave for An FMLA-Covered Reason, According to the Ninth...

In a decision filed on February 25, 2014, the United States Court of Appeals for the Ninth Circuit ruled that employees may affirmatively decline to use leave under the Family and Medical Leave Act (FMLA), even if the...more

3/3/2014 - Employee Benefits Employee Rights FMLA

EEOC Settlement Reminds Employers That GINA Prohibits Requesting Family Medical History

?While the Genetic Information Nondiscrimination Act of 2008 (GINA) has proven to be the least-litigated of the federal anti-discrimination laws, a recent settlement obtained by the Equal Employment Opportunity Commission...more

1/21/2014 - Anti-Discrimination Policies EEOC Employment Application GINA Hiring & Firing Human Resources Professionals Medical Records Posting Requirements

The Department of Labor Releases Fall 2013 Statement of Regulatory Priorities

On November 26, 2013, the United States Department of Labor (DOL) issued its Fall 2013 Statement of Regulatory Priorities which identified the Department’s priorities and primary activities for the coming year. The statement...more

12/10/2013 - Compliance DOL Enforcement Transparency

Recent ADA Decision Might Signal Broadening of the ADA’s Accommodation Provisions

The United States Court of Appeals for the Fifth Circuit recently held that accommodations under the Americans with Disabilities Act (ADA) are not limited to job modifications that enable an employee to perform essential job...more

10/1/2013 - ADA Disability Discrimination Discrimination Essential Functions Reasonable Accommodation

EEOC Background Check Bias Class Action Dismissed

As reported in previous Alerts, the Equal Employment Opportunity Commission (EEOC) has recently filed suits against several employers including Dollar General and BMW Manufacturing Co. claiming that they improperly used...more

8/20/2013 - Criminal Background Checks Dismissals Disparate Impact EEOC Hiring & Firing

New FMLA Regulations Effective: New Notice Poster and Model Forms Available

As of March 8, 2013, employers with 50 or more employees are required to post the Department of Labor’s (DOL) new Family and Medical Leave Act (FMLA) notice poster incorporating the recently issued final regulations, which...more

3/12/2013 - DOL Eligibility Flight Crews FMLA Hiring & Firing I-9 Medical Leave Military Caregiver Leave Military Service Members Notice Requirements USCIS

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