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Maryland's New Whistleblower Retaliation Standard

Maryland's highest court announced on August 30, 2023, that a health care employee who claims to have "blown the whistle" on their employer's alleged misconduct must satisfy the "but for" standard of causation to prevail on a...more

HHS Seeks to "Address Gaps" in Section 1557 Rule with New Proposed Rulemaking

On August 4, 2022, the U.S. Department of Health and Human Services (HHS) published in the Federal Register a notice of proposed rulemaking (NPRM) designed to "address gaps" in prior iterations of one of the agency's civil...more

Key Changes to the Title IX Regulations in 2022 Proposed Amendments

On June 23, 2022, the 50th anniversary of the Title IX Education Amendments of 1972, the Biden Administration's Department of Education issued its proposed amendments to the current Title IX regulations. These proposed...more

Federal Agencies Announce Enforcement of Vaccine Rules As Supreme Court Prepares to Hear Arguments in Legal Challenges

Recent announcements by the Occupational Safety and Health Agency (OSHA) and the Centers for Medicare and Medicaid (CMS) provide some clarity on next steps for the enforcement of the existing federal vaccine and testing...more

Fifth Circuit Reversal of Nationwide Stay Leaves Enforcement Status of CMS Vaccine Mandate Uncertain

After two federal courts issued preliminary injunctions preventing the Centers for Medicare and Medicaid Services (CMS) from enforcing its November 5, 2021 vaccine mandate nationwide, CMS issued a memorandum stating that it...more

Federal Courts Pause Enforcement of CMS Vaccine Mandate Nationwide

Earlier, we wrote about ten Plaintiff States that filed a lawsuit in a Missouri federal district court challenging the Centers for Medicare and Medicaid Services' (CMS) November 5, 2021 Interim Final Rule with Comment Period...more

Common Ground: "If We're Not Allies, Who Will Be?"

Reba Letsa Interviews Jennifer L. Curry - It's no secret that organizations that foster strong allyship have more innovative, satisfied, and productive teams. This is because allies, through intentional and conscious efforts,...more

Employers and Health Care Providers Take Note: Recent Announcements Forecast Increased Government Enforcement of Discrimination...

The law regarding discrimination on the basis of "sex" continues to evolve rapidly. Perhaps sparked by last year's landmark discrimination ruling in the Bostock case and by President Biden's day-one Executive Order on...more

Ahead of Revised Title IX Regulations, Biden Administration Policy Directive Extends Title IX Protections to Gay and Transgender...

In May 2016, the Department of Education directly addressed the treatment of transgender students under Title IX and extended its protections to the LGBTQ+ community. In 2017, the Trump Administration withdrew this guidance,...more

Updated Title IX Regulations Expected from Biden Administration

Just a few days after President Biden's Secretary of Education appointee, Miguel Cardona, was sworn in earlier this month, the President called for a sweeping revision of the Title IX regulations that went into effect in...more

Department of Labor's Newly Proposed Joint Employer Rule Short on Details at the Moment, But Not Short on Potential Impact on...

In a surprisingly fast move for the new Biden administration, the Department of Labor (DOL) sent a proposed rule to the White House on Wednesday, February 24 that may drastically change the joint employer analysis. The...more

Executive Order Requires Federal Contractors to End Implicit Bias Training or Face Sanctions

On September 22, 2020, President Trump signed Executive Order 13950 on Combating Race and Sex Stereotyping. The new EO's provisions will apply to all federal contractors and subcontractors, as well as to federal agencies, the...more

DOL Releases New FFCRA Child Care Guidance

Late last week, the Department of Labor (DOL) answered three questions related to being eligible for leave under the Families First Coronavirus Response Act (FFCRA) for child care needs. The new guidance addresses difficult...more

OSHA Expected to Issue More COVID-19 Citations in Light of Recent Lawsuit

The Occupational Safety and Health Administration (OSHA) has increased pressure on health care facilities, and long term care providers specifically, by issuing COVID-19-related citations and initiating COVID-19-related...more

Three Key Takeaways for Health Care Employers from April 14, 2020 CDC Guidance

On April 14, 2020, the Centers for Disease Control and Prevention (CDC) updated its various guidance on COVID-19 in health care settings. In addition to other helpful information about infection control and personal...more

Coronavirus: Maryland's COVID-19 Public Health Emergency Protection Act of 2020 Establishes Protections for Employees and...

Maryland's Emergency Management Agency Act grants the Governor the authority to establish protections for the people of Maryland during a state of emergency....more

Coronavirus: D.C. Council Passes Emergency Legislation to Amend the D.C. Unemployment Compensation Act and D.C. Family and Medical...

On March 17, 2020, the Council of the District of Columbia (the Council) unanimously passed the COVID-19 Response Emergency Amendment Act of 2020 (the Act) to expand existing protections for workers and businesses in the...more

Is Your Institution Immune from the College Admissions Scams? Thorough Self-Audit is the Only Way to Know

On March 12, documents were unsealed in federal court in Boston, Massachusetts, disclosing that significant criminal charges were filed against dozens of people, from a variety of backgrounds and with varying degrees of...more

The New Landscape for Non-Compete Law in 2019 and Beyond

For years, employers have relied on the use of restrictive covenants to protect their companies from unfair competition by former employees and competitors. Original published in Maryland State Bar Association Section of...more

Answers to Your Most Biting Questions About Service and Comfort Animals

It is becoming more common to see people accompanied by an animal at a variety of locations – grocery stores, malls, big box stores, post offices, etc. But what happens when a patient or employee arrives at your health care...more

When a Third Party Becomes the Harasser: How the #MeToo Movement May Impact Your Workforce in the Most Unsuspecting Way

In the whirlwind of #MeToo, employers are scrambling to be proactive and take control of sexual harassment issues among their workforces, but most are unprepared for how to handle sexual harassment from third parties. The...more

The EEOC's Focus on Equal Pay and the Health Care Industry Finally Comes to a Crossroad

Earlier this year, acting EEOC chair Victoria Lipnic made clear that the agency would continue its focus on equal pay cases, calling them a main "priority." Lipnic has voiced her concern regarding the "occupational...more

Uncompensated "Off-the-Clock" Work Time Nets Call Center Nurses a $6.2 Million Settlement

Late last year, more than 1,300 "advice nurses" working at call-in centers providing answers to patient health care questions for Kaiser Permanente and Permanente Medical Group filed a class action lawsuit for unpaid wages...more

Medical Residents and Title IX - What Teaching Hospitals Need to Know

Last month, Baker Donelson reported the surprise ruling out of the Third Circuit in Jane Doe v. Mercy Medical Center in which the court held that the discrimination and harassment prohibitions of Title IX apply to a private...more

A Wage and Hour Pitfall: Paying Bonuses to Non-Exempt Employees Can Lead to Trouble

Most employers today recognize that the Fair Labor Standards Act (FLSA) requires that they pay non-exempt employees an overtime premium for working more than 40 hours in any given workweek. What most employers do not...more

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