Labor & Employment Health

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.
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Zika - Employer Liability Issues

By now, the worldwide health authorities and media have publicized the Zika virus disease (Zika) that has been reported throughout South America, Central America, and the Caribbean. Although the United States has only...more

NIOSH Extends Comment Period on Draft CIB on Health Effects of Occupational Exposure to Silver Nanomaterials

On February 10, 2016, the National Institute for Occupational Safety and Health (NIOSH) published a Federal Register notice extending the comment period on the draft NIOSH Current Intelligence Bulletin: Health Effects of...more

Zika Virus: Appropriate Workplace Responses

The Zika virus has been the topic of much discussion and anxiety for many weeks. The United States Centers for Disease Control and Prevention (CDC) has now issued travel warnings for more than two dozen countries in the...more

ACA Reporting Deadlines Relaxed for 2016

Following complaints, concerns and continuing questions relating to the Affordable Care Act reporting requirements, the IRS has relaxed reporting deadlines for 2016 in the form of IRS Notice 2016-4. As you may be aware,...more

Do Your Assignment of Benefits Clauses Need a Check-up? Recent Southern District of Florida Decision Highlights the Importance of...

A frequently litigated issue in reimbursement cases brought by in- and out-of-network healthcare providers against insurers under the Employee Retirement Income Security Act of 1974 (“ERISA”) is provider standing. Because...more

The Societal Impacts of a Pandemic Outbreak [Video]

From the 2015 PLUS Conference session “Coming to America: PLI Exposures from Ebola & Other Pandemics,” David Lakey, M.D. (Texas Department of State Health Services) discusses the potential community and health issues that...more

IRS Delivers Belated Christmas Gift – Extends ACA Reporting Deadlines

The IRS delivered a late Christmas gift December 28, 2015 when, in Notice 2016-4, it extended the Affordable Care Act (“ACA”) reporting deadlines.  The new deadlines affect distribution and filing of Forms 1094 and 1095 for...more

OIG Interim Evaluation of ACA LTC Employee Background Check Grant Program

The HHS Office of Inspector General (OIG) has issued an interim evaluation report on an Affordable Care Act (ACA) program that provides grants to states to implement background check programs for prospective long-term care...more

Employment Law This Week: Equal Pay Data, HIV-Positive Employees, DOL’s Fiduciary Rule, NJ Harassment Defense [Video]

We invite you to view Employment Law This Week - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Third Circuit Court of Appeals Rejects Hospital’s Religious Exemption from ERISA

On December 29, 2015, the U.S. Court of Appeals for the Third Circuit decided in Kaplan v. Saint Peter's Healthcare System, No. 15-1172 (3d. Cir. Dec. 29, 2015) that the pension plan for Saint Peter’s Healthcare System in New...more

Health Alert (Australia) - January 25, 2016

In This Issue: -Judgments; Legislation; and Reports -Excerpt from Judgments Commonwealth. Fair Work Commission 15 January 2016 - Lawrence v Calvary Home Care Services Ltd [2016] FWC 175 This...more

Taking the Temperature of Immigration Policy for Nurses

As we enter the throes of cold and flu season, thoughts naturally turn to matters of health and so it seems fitting that HRLegalist takes a look at visa options for foreign RNs, which has traditionally been more difficult...more

10 Tips to Mitigate or Prevent Wage and Hour Litigation in the Post-Acute Industry

Wage and hour lawsuits are being filed against employers under federal and state wage and hour laws at a record rate. Most wage and hour claims allege the employer failed to pay employees for off-the-clock work, failed to pay...more

Home Care Professionals Series Part 1 – NYS Domestic Workers' Bill of Rights

As most home care agencies know, the United States Department of Labor ("USDOL") eliminated the companionship exemption for home care agency workers on October 13, 2015 in its Final Rule on the Application of the FLSA to...more

News from the Vermont Statehouse - An analysis from DRM's Government & Public Affairs Team - January 2016 #2

Paid Sick Leave Bill Appears on Track for Passage - The Senate Economic Development, Housing and General Affairs Committee on Thursday approved its version of a House-passed bill, H.187, that would require many Vermont...more

Pennsylvania Court Ends Ban on Ex-Offenders Working in Nursing Homes

The Pennsylvania Commonwealth Court recently declared that a portion of the Pennsylvania Older Adults Protective Services Act, 35 P.S. §§ 10225.101, et seq. (Act), which prohibited individuals with certain criminal...more

Employee Benefits Developments - January 2016

IRS Guidance Addresses Numerous ACA Issues Related to HRAs. Just before the New Year, the IRS issued Notice 2015-87 (Notice), addressing the application of Affordable Care Act (ACA) market reform rules to different...more

The Zika Virus: Frequently Asked Questions for Employers

The Zika virus is receiving significant press coverage, including reports that it may cause birth defects if pregnant women are exposed.  Employers may wonder if they have obligations to protect or accommodate employees under...more

Another Day, Another Whistleblower Retaliation Suit

A False Claims Act (“FCA”) retaliation claim, 31 U.S.C. 3730(h), filed January 26, 2016 in federal district court in Oregon, provides a perfect example of the type of challenging cases confronting health care employers today....more

Ron Lebow Discusses Legal Issues Involving Managing a Medical Practice [Video]

Michelman & Robinson, LLP, Counsel Ron Lebow spoke at the Strategic Solutions Network's Annual Building, Growing and Branding Urgent Care Conference on the "Legal Insight: Addressing the Top Legal Issues to Consider When...more

If You Provide Behavioral Health Services, Do the New HIPAA Reporting Rules Apply to You?

In early January, the Office for Civil Rights of the United States Department of Health and Human Services (“OCR”) issued new regulations regarding the right of certain HIPAA covered entities to disclose mental health...more

North Carolina Legislative Report

The General Assembly convened for the 2015 legislative long session on January 14 and adjourned September 30. Lawmakers will return to Raleigh for the short session April 25, 2016. The MVA Public Affairs Legislative Report on...more

Wellness Program Exempted from ADA

A federal district court in Wisconsin has upheld an employer-sponsored wellness program against a challenge by the Equal Employment Opportunity Commission (EEOC) that the program violated the Americans with Disabilities Act...more

Health Law Alert - January 2016: Mandatory Sick Leave Law in New York City

Did you know that New York City has a law that requires employers to give their employees paid sick leave if they meet certain requirements? Under New York City’s “Earned Sick Time Act” (“Paid Sick Leave Law”) employers...more

ACA Reporting Deadline Extended — But Employers Should Stay Focused To Avoid Penalties

About a month ago, and just months before the reporting deadlines required under the Affordable Care Act (ACA) were set to go into effect, the Internal Revenue Service gave us all a late Christmas present and announced that...more

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