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Try Not to be so Friendly: Current Issues in Interviews and Advertising

Many of us like to chat. We like to know what you’re reading, how your kid’s baseball season is going, and what kind of pie you like, but while hostesses love you at a cocktail party, chatting can lead to trouble, especially...more

Who Reads the Instructions Anyway? The Role of Job Descriptions in Limiting Liability

How many times have you heard employment counsel say, “update your job descriptions?” Enough that you dream of updates? Enough that one of my clients commented, “I feel like that’s tattooed on my brain.” ...more

Iowa Gun Legislation & Its Impact on Government Health Care Facilities

Last month, former Governor Branstad signed House File 517 which significantly expands the rights of gun owners in Iowa. The legislation also allows Iowans to sue cities or counties that enact “gun-free zones.” ...more

A Wild Ride - Reviewing the 2017 Iowa Legislative Session for Employers

Like on The Monster at Adventureland, the 2017 legislative session was a thrill ride full of ups and downs for Iowa employers. Starting with the signing of the collective bargaining bill in February and continuing to last...more

Voluntary Disability Self-identification Form Updated

The Office of Management and Budget has renewed the self-identification form relating to voluntary self-identification of disability for employees of federal contractors. This form has an expiration date of January 31, 2020,...more

FORMS, FORMS AND HEY, YET MORE FORMS! What to do when employee data doesn't match

As an employer you have an enormous number of forms that must be filed, whether with the Department of Labor, Immigration and Customs Enforcement, the IRS or any other agency or group which may exercise authority over your...more

High Speed Hiring: The Importance of Anti-Discrimination Practices in Online Employment Advertising

There are currently more than 1 billion websites accessible to the world by just the click of a mouse or the swipe of a phone screen. The Internet has become a major part of more than 3 billion active users everyday lives,...more

Hacked and Left Holding the Bag - Cyber Liability Issues

If you read any newspaper, trade publication or twitter feed, you know that ongoing concerns regarding cyber security continue to grow. We have seen an article in the New York Times discussing hacking of major law firms with...more

Exempt or Not Exempt - That is the $47,476 Question

The Fair Labor Standards Act (FLSA) is a rule of exceptions. Most employees are covered by the FLSA and must be paid at least minimum wage and overtime for hours worked over forty in a work week unless covered by an...more

Get Me A Whistle! Refereeing Family Visitation under the New Rules

On April 24, 2015, Governor Branstad signed into law Senate File 306, which amends Iowa Code Chapter 633 to provide for very specific forms of visitation for adult persons who have a guardian. The law limits a guardian from...more

It's Not What You Say, It's How You Say It: The NLRB and Employee Manuals

An employee manual can be your best friend or your worst nightmare in litigation. A well-written manual can provide clarity, consistency and enhance employee communication. A poor policy can rise up like a late night movie...more

Drug Testing: Dot Every "i" and Cross Every "T" -

It seems unlikely that anyone who could pass a drug test would disagree that Iowa’s drug testing statute is complicated and difficult to administer. Iowa Code § 730.5, which relates to private sector drug and alcohol testing,...more

Infectious? Please, Just Go Home!

The world can be a scary place. There are risks that you can control, like whether or not you take up bungee jumping or alligator wrestling, and risks you can’t control, such as whether or not someone runs a red light or if...more

Employment Law Blog: Pregnancy Discrimination & The Accommodation Debate

On Monday, July 14, the EEOC issued guidance relating to its current interpretation of the Pregnancy Discrimination Act and the Act’s interaction with the ADA and other laws. ...more

Employee Identity Theft - Responses and Obligations

You have done all of your work, you have completed the I-9, carefully checked all of the appropriate documents, utilized e-verify, done your background checks and suddenly you have that sinking feeling in the pit of your...more

Why Do I Need a Business Associate Agreement? Ensuring Your Business is HIPAA and HITECH Compliant

Many companies have recently begun receiving Business Associate Agreements from healthcare entities, including hospitals, clinics, physician offices, public health facilities and similar types of organizations. Business...more

Minimum Necessary and the Breach Standard

When the new HITECH rules came out OCR specifically said, “...uses or disclosures that impermissibly involve more than the minimum necessary information...may qualify as breaches.” But what exactly is the minimum necessary...more

OCR Announces the Results from it's Pilot Audit and it's Plans For Next Year

The Office of Civil Rights Audit Pilot Program has come to an end with 115 audits, primarily in person, having been completed. The Pilot Program had multiple revelations in privacy, some of which were probably, not so...more

HIPAA Impaired Providers and the ER - What Happens When Your Employee Becomes Your Patient?

I was speaking this week at IAHIMA’s Annual Conference on the issues relating to HIPAA audits and recent updates from OCR and ONC. As part of my program we typically solicit questions prior to the presentation, most of which...more

The NLRB Weighs in Again on Civility - Civility Loses

A lot of people are available to tell you how to best utilize social media, Twitter, Facebook, LinkedIn and other platforms to promote your brand, to promote yourself or even just the best way to share pictures of your cats. ...more

Employment Law Blog: Severance Agreements - Clarity and Simplicity Are Best

On February 7, 2014, the Equal Employment Opportunity Commission (EEOC) in Chicago brought suit against CVS Pharmacy alleging that the company’s severance agreements for employees interfered with those employees’ civil...more

To Reference or Not to Reference? - That is Almost Always the Question

The area of providing a reference for prior employees can be a mine field for employers. There is a wide array of conflicting requirements, thought processes and goals whenever we talk about references. Give a bad reference...more

Preferential Hiring Beyond the OFCCP - Goodbye Employment-At-Will

When the Office of Federal Contract Compliance Programs (OFCCP) announced its rules on the hiring of veterans and those with disabilities this generated significant discussion on preferential hiring programs as well as the...more

Employment Law Blog - Lucky 13 - The Office of Civil Rights Enters into its 13th Corrective Action Plan

Charged with enforcing HIPAA and chided along by Congress to do a more proactive enforcement job, the Office of Civil Rights at HHS has entered into its 13th Corrective Action Plan for a covered entity....more

Employment Law Blog: The Perils of PTO (or too much alliteration)

Paid Time Off (PTO) is a marketing tool. We use it to obtain interest by prospective employees, to retain existing employees and sometimes we use it to get employees out of the office before we give in to that impulse to...more

6/24/2013  /  FMLA , Paid Leave , PTO
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