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Nursing Homes Employer Liability Issues

Benesch

OSHA Cites Employer for Failing to Protect Employees from Workplace Violence

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The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) continues to focus on preventing workplace violence in hospitals, nursing homes, and other healthcare settings, where employees are five...more

Dentons

Ep. 20 - Update Your Nursing Facility’s Assessment to Comply with New Requirements & Enhance Your Compliance Programming

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There has been much publicity surrounding the Centers for Medicare and Medicaid Services’ (“CMS”) new minimum staffing requirements for long-term care facilities scheduled to take effect starting in 2026 for non-rural...more

Bradley Arant Boult Cummings LLP

No Dogs Allowed: Federal Court Rejects Service Dog Accommodation in Hospital Setting

Most of us know that when an employee or visitor to a place of public accommodation requests a reasonable accommodation, the ADA requires an interactive process to make an individualized determination. But what about a...more

Steptoe & Johnson PLLC

Claimant Denied Pennsylvania Unemployment Benefits for Walking Off Job Without Voicing COVID-19 Concerns

Steptoe & Johnson PLLC on

Fear of COVID-19 was not a valid reason for walking off the job, according to the Commonwealth Court of Pennsylvania’s recent decision. Shortly after the lockdown orders were issued by Gov. Tom Wolf in March 2020, a Certified...more

Fisher Phillips

Snapshot on Healthcare Industry: April 2022

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Welcome to our latest Healthcare Snapshot, where we take a quick look at some of the most pressing issues facing employers in the industry. Even though COVID-19 numbers are generally trending in a positive direction,...more

Constangy, Brooks, Smith & Prophete, LLP

Nurse Tech Lawsuit Claiming Patient Harassment Fails, Court Says

In determining what counts as harassment in the workplace, context matters. Or at least that’s the takeaway from a recent decision from the U.S. Court of Appeals for the Fifth Circuit, affirming the dismissal of a lawsuit...more

Gray Reed

Private Employers Must Mandate Employee Vaccinations or Weekly Testing Under President Biden’s New Plan

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On Thursday, September 9, 2021, President Biden announced key provisions of his new plan to require more Americans to be vaccinated in order to combat the spread of COVID-19....more

Bowditch & Dewey

Biden Administration Announces New Vaccine Mandate for Employers

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On September 9, 2021, President Joe Biden announced sweeping COVID-19 vaccination and testing requirements applicable to both public and private employers nationwide. The following is an overview of the important upcoming...more

Fisher Phillips

The Top 18 Workplace Law Stories from August 2021

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Manatt, Phelps & Phillips, LLP

New York State Issues Emergency Regulation Mandating COVID-19 Vaccination for Health Care Workers

New York State has issued an emergency regulation mandating COVID-19 vaccination of personnel in hospitals, nursing homes, diagnostic and treatment centers (D&TCs), adult care facilities (ACFs), licensed home care services...more

Fisher Phillips

Maryland Mandates COVID-19 Vaccine or Regular Testing for All Nursing Home and Hospital Staff

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Two weeks after adopting a vaccine mandate for state-run residential health and correctional facilities, Maryland Governor Larry Hogan just announced a statewide vaccine mandate for private nursing home and hospital...more

Littler

New York State Requires Healthcare Workers to be Vaccinated Against COVID-19

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On August 16, 2021, New York Governor Andrew Cuomo announced that all healthcare workers in New York State, including staff at hospitals and long-term care facilities such as nursing homes, adult care facilities and other...more

Proskauer - Law and the Workplace

New York State Announces COVID-19 Vaccination Mandate for Healthcare Workers

New York Governor Andrew Cuomo has announced that all healthcare workers in New York State must receive at least one dose of a COVID-19 vaccine by September 27, 2021. The mandate includes staff at hospitals and long-term care...more

Pullman & Comley - Connecticut Health Law

New Executive Order Imposes Vaccine Requirements on Connecticut Long-Term Care Facilities

In an attempt to stem the rising tide of COVID-19 cases involving the highly contagious Delta variant, Lieutenant Governor Susan Bysiewicz, issued Executive Order (EO) No. 13B over this past weekend requiring the vaccinations...more

Dorsey & Whitney LLP

Coronavirus Lawsuits Against Healthcare Providers are on the Rise

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Among its many impacts, the coronavirus pandemic has already spawned hundreds of employment and health-related lawsuits, with even more litigation likely as businesses continue to bring back workers and increase operations....more

Foley & Lardner LLP

Lessons Learned: OSHA Advises Employers on Most Common Violations in COVID-19 Inspections

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The Occupational Safety and Health Administration (OSHA) tweeted last week that it has cited more than 200 employers for coronavirus-related violations, with penalties totaling nearly $3 million. Amidst this wave of...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented Litigation Insights, Issue 26, October 2020

This 26th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us returning to now-familiar topics involving liability protection for businesses, wrongful death lawsuits (particularly those...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented: Litigation Insights - Issue 23, September 2020

COVID-19 and Unprecedented: Litigation Insights, Issue 23 - This 23rd edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us returning from a brief Labor Day break. The spate of lawsuits...more

Proskauer - Law and the Workplace

OSHA Issues Second Set of Coronavirus-Related Citations

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has now issued its second set of coronavirus-related citations, this time against an Ohio health-care company.  OSHA inspected three of the...more

Butler Snow LLP

What About Me? Liability Considerations and Protections For Businesses Outside the Drug and Device Space in the COVID-19 Era

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It’s been nearly six months since the HHS Secretary declared COVID-19 a public health emergency. As communities emerge from quarantine, businesses are on high alert regarding potential COVID-19 liability. Some businesses...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends, Issue 11

This 11th edition of Unprecedented, our weekly update on COVID-19-related litigation, identifies news reports placing the number of COVID-19 filings at around 2,700, with insurance coverage disputes former the single largest...more

Seyfarth Shaw LLP

OSHA Issues First COVID-19 Citation for Untimely Reporting of Hospitalizations

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Seyfarth Synopsis: OSHA issued its first COVID-19 citation to a Georgia nursing home. The citation alleges a failure to report within 24-hours a work-related incident resulting in hospital admissions....more

Fisher Phillips

Whistleblower Lawsuit Can Teach Healthcare Employers How To Proactively Manage COVID-19 Risks

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It is no surprise that COVID-19 whistleblower lawsuits are being filed against healthcare employers – and a recent claim filed by a former assistant director at a nursing home facility reveals ways in which healthcare...more

Pullman & Comley, LLC

Governor Lamont Orders Mandatory COVID-19 Testing of All Nursing Home and Assisted Living Agency Employees

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In Executive Order 7UU, Governor Lamont ordered mandatory COVID-19 testing of all employees and staff at all private and municipal nursing homes, managed residential communities, and assisted living services agencies. These...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends, Issue 8

This eighth edition of Unprecedented, our weekly update on COVID-19-related litigation, follows what we hope was a restful and meaningful Memorial Day weekend. For the third week in a row, shutdown challenges, workers'...more

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