This week, in our special Spilling Secrets podcast series on the future of non-compete and trade secrets law, we’re discussing the current state of restrictive covenants in the health care industry:
Restrictive covenants are...more
The Israel-Hamas war. Antisemitism and Islamophobia. Ukraine vs. Russia. Black Lives Matter. #MeToo. Mass Shootings and “Well Regulated” vs. “Shall Not Be Infringed.” Vaccination and Mask Mandates. Politicians and Presidents....more
Many employers commonly ignore requests from the New Jersey Division of Unemployment and Temporary Disability Insurance (“Division”) to provide the reason they terminated an employee’s employment. With the recent amendments...more
The wait is over. On January 10, 2023, New Jersey Governor Phil Murphy signed bills S3162/A4768 into law thereby making April 10, 2023 the effective date for the sweeping amendments to the state’s WARN Act (“NJ WARN Act”),...more
Effective November 16, 2022, non-governmental health care entities must offer eligible employees continued employment for at least four months following a change in control without any reduction in their wages and benefits –...more
What challenges are providers likely to face as the Occupational Safety and Health Administration (OSHA) prepares its permanent COVID-19 standard for health care workers?
In this episode of Diagnosing Health Care,...more
On March 22, 2022, the Occupational Safety and Health Administration (OSHA) announced that it had partially reopened the comment period for its permanent standard to protect health care and health care support workers from...more
Important guidance regarding COVID-19 testing in the workplace was recently issued by the Centers for Medicare & Medicaid Services (“CMS”) in the form of Frequently Asked Questions regarding Over the Counter (“OTC”) Home...more
Important guidance regarding COVID-19 testing in the workplace was recently issued by the Centers for Medicare & Medicaid Services (“CMS”) in the form of Frequently Asked Questions regarding Over the Counter (“OTC”) Home...more
On December 13, 2021, the Supreme Court of the United States rejected the petition of New York health care workers seeking to stop the State from enforcing regulations requiring covered personnel of hospitals, nursing homes,...more
This week, we look at complying with the rules that require employers to keep employee COVID-19 vaccination and testing information confidential.
HIPAA, Employee Privacy Protections, and COVID-19 (see video...more
12/8/2021
/ ABC Test ,
Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Confidential Information ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare Workers ,
Independent Contractors ,
Interim Final Rules (IFR) ,
Misclassification ,
OSHA ,
Preliminary Injunctions ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On August 26, 2021, the Public Health and Health Planning Council approved an emergency regulation requiring health care personnel to be fully vaccinated against COVID-19. The emergency regulation is effective immediately and...more
On August 6, 2021, New Jersey Governor Philip Murphy signed Executive Order 252 (“Order 252”) requiring health care and high-risk congregate settings to maintain a policy requiring workers to either provide adequate proof of...more
The Future of Work Series will address many of the issues attendant to returning to the workplace. Panelists will explore:
- the implications of mandatory versus voluntary vaccination programs;
- compliance with...more
On June 12, 2021, a federal District Court in Texas soundly rejected an attempt by Houston medical workers to challenge the legality of their employer’s decision to require that all employees receive a COVID-19 vaccine. In...more
Since the start of the COVID-19 pandemic, many jurisdictions have enacted protections from COVID-19-related liability claims through legislation and executive orders. These liability shields, however, may give health care...more
2021 is set to be a landmark year for the number of jurisdictions raising wage floors across the country. According to a National Employment Law Project report, as of January 1, 2021, 20 states and 32 municipalities raised...more
It's our first #WorkforceWednesday of 2021! The past year tested our resilience, and COVID-19 forced everyone to think creatively and adapt quickly. Nowhere was that seen more clearly than in the workplace.
Workplace Safety...more
1/6/2021
/ Americans with Disabilities Act (ADA) ,
Business Closures ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Employee Benefits ,
Employee Privacy Rights ,
Employer Group Health Plans ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Furloughs ,
Health and Safety ,
Hiring & Firing ,
Human Resources Professionals ,
Labor Regulations ,
NLRB ,
Paid Leave ,
Personal Information ,
Re-Opening Guidelines ,
Remote Working ,
Return-to-Work Agreements ,
Sick Leave ,
Social Distancing ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
The Families First Coronavirus Relief Act (“FFCRA” or the “Act”) paid leave mandates are set to expire on December 31, 2020. As explained in our March 20, 2020 Act Now Advisory, the FFCRA requires employers with fewer than...more
In advance of the December holiday season, the CDC has issued a revised guidance on recommended quarantine periods....more
Welcome to #WorkforceWednesday. This week, developments in three major areas are impacting employers’ return-to-work planning: the definition of “close contact,” caregiver support, and cybersecurity.
CDC Broadens “Close...more
The U.S. Department of Labor (“DOL”) has responded to last month’s court decision striking down several significant provisions of its temporary rule (“Rule”) interpreting the paid sick and expanded family and medical leave...more
9/17/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Labor (DOL) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Intermittent Leave ,
Labor Regulations ,
Paid Leave ,
Paid Time Off (PTO) ,
Sick Leave ,
Wage and Hour
In response to a lawsuit brought by New York State (“State”), the U.S. District Court for the Southern District of New York has invalidated four provisions of the U.S. Department of Labor’s (“DOL”) Final Rule (“Rule”)...more
8/17/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Families First Coronavirus Response Act (FFCRA) ,
Health and Safety ,
Infectious Diseases ,
Paid Leave ,
Public Health ,
Sick Leave ,
Wage and Hour ,
Workplace Safety
In this Trending News video from Employment Law This Week®, attorney Denise Dadika examines the unique challenges health care employers face as they ramp business back up and reopen for both patients and employees.
Visit our...more
6/29/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Litigation ,
Health and Safety ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
Policies and Procedures ,
Re-Opening Guidelines ,
Reasonable Accommodation ,
Retaliation ,
Risk Mitigation ,
Sick Employees ,
Virus Testing ,
Workplace Safety
To limit exposure and reduce the spread of COVID-19, New York and New Jersey are requiring long-term care facilities to implement testing for staff....more
5/16/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Health Care Providers ,
Healthcare Workers ,
Long Term Care Facilities ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
Screening Procedures ,
Virus Testing ,
Workplace Safety