Almost six months after President Joe Biden directed the Occupational Safety and Health Administration to determine whether emergency temporary standards (ETS) concerning COVID-19 were necessary, OSHA finally issued the...more
6/14/2021
/ Anti-Retaliation Provisions ,
Assisted Living Facilities (ALFs) ,
Coronavirus/COVID-19 ,
Employee Training ,
Employer Responsibilities ,
Employment Policies ,
First Responders ,
Health and Safety ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Home Healthcare Workers ,
Hospitals ,
Infectious Diseases ,
New Rules ,
Nursing Homes ,
OSHA ,
Physicians ,
Recordkeeping Requirements ,
Reporting Requirements ,
Sick Employees ,
Vaccinations ,
Virus Testing ,
Workplace Safety
A Wisconsin-based healthcare worker recently filed a proposed collective and class action complaint against an assisted living facility alleging it required all employees to undergo mandatory temperature checks and complete a...more
While the use of independent contractors in the healthcare industry has been a longstanding practice, it is now front and center as the gig economy continues to expand across several industries and the preference for...more
11/5/2020
/ Appeals ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Health Care Providers ,
Healthcare Workers ,
Hiring & Firing ,
Hospitals ,
Independent Contractors ,
Labor Shortage ,
Misclassification ,
Physicians
As medical offices, clinics, and surgical centers re-open, employers will not only face questions about clinical protocols and recommended steps for disinfecting and safeguarding the workplace from COVID-19, but must also...more
6/22/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Responsibilities ,
Health and Safety ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Sick Employees ,
Virus Testing ,
Workplace Safety
As members of the healthcare industry, some of you may be aware of a situation where an aging physician whose physical or cognitive impairments (that went unnoticed or simply ignored) led to an unfavorable, or possibly...more
5/26/2020
/ ADEA ,
Age Discrimination ,
Americans with Disabilities Act (ADA) ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Health Care Providers ,
Healthcare Workers ,
Hospitals ,
Medical Examinations ,
Patient Safety ,
Physicians ,
Retirement
Resuming business operations as the intensity of the COVID-19 pandemic decreases and governments in Kentucky and Indiana ease restrictions will involve more than unlocking your front door and turning the lights on. You must...more
5/1/2020
/ Coronavirus/COVID-19 ,
Employee Benefits ,
Employer Responsibilities ,
Health and Safety ,
Human Resources Professionals ,
Infectious Diseases ,
Paid Leave ,
Personal Protective Equipment ,
Public Health ,
Re-Opening Guidelines ,
Remote Working ,
Shelter-In-Place ,
Sick Leave ,
State and Local Government ,
Unemployment Benefits ,
Virus Testing ,
Wage and Hour ,
Workplace Safety ,
Wrongful Death
Indiana Governor Eric Holcomb issued an Executive Order Monday, March 23rd, requiring all residents – except for those falling within an exception as discussed below – to stay at home for 13 days beginning at 11:59 p.m. on...more
In a matter of first impression, the Occupational Safety and Health Review Commission recently ruled that the Occupational Safety and Health Act’s general duty clause requires employers to protect employees from incidents of...more
5/6/2019
/ Citations ,
Employer Liability Issues ,
General Duty Clause ,
Health Care Providers ,
Healthcare Workers ,
Mental Illness ,
OSHA ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety ,
Workplace Violence
The Kentucky Court of Appeals just held that non-lawyers may no longer represent employers in unemployment proceedings, ruling that such a practice is unconstitutional. As a result, you must immediately adjust any business...more
Airbnb Inc. recently announced it would no longer force its employees who filed sexual harassment lawsuits to settle their claims in private arbitration. The notice came only days after Google and Facebook made similar...more
11/27/2018
/ Age Discrimination ,
AirBnB ,
Arbitration ,
Arbitration Agreements ,
Corporate Counsel ,
Gender Discrimination ,
Gig Economy ,
Mandatory Arbitration Clauses ,
Race Discrimination ,
Religious Discrimination ,
Sex Discrimination ,
Sexual Harassment ,
Technology Sector
It should come as no surprise that New York City is home to a large number of freelancers—approximately 400,000 according to the NYC Department of Consumer Affairs. In order to assist this growing population, the Mayor’s...more
Just last month, Uber announced that it would no longer require its passengers, drivers, or employees to arbitrate their individual claims of sexual assault and sexual harassment, allowing such claims to proceed in court....more
Last month, 19-year-old Antawani Wright-Davis, who worked as a bicyclist delivering food for an app-based food delivery service, was struck and killed by a dump truck while working in Boston. Because of Wright-Davis’ status...more
The United States is expected to see a shortage of 40,000 to 104,000 physicians by 2030. Due to this anticipated need for primary care physicians, freelance work among the healthcare industry is becoming increasingly popular....more
My colleague Brandy Cody recently published a blog post that described several tools available to gig workers to help them manage their work. As predicted by Cynthia Federico in her blog post a couple of weeks ago, companies...more
Over the past few years, we’ve seen states and other local governments pass or introduce laws to regulate the gig economy. Most recently, for example, the city of Seattle passed a law allowing the unionization of app-based...more