INTRODUCTION - Following earlier announcements as to the efficacy of vaccine trials by pharmaceutical companies Pfizer, Inc. (Pfizer) and Moderna, Inc. on November 20, 2020, Pfizer and BioNTech submitted applications for...more
11/25/2020
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Emergency Use Authorization (EUA) ,
Equal Employment Opportunity Commission (EEOC) ,
Food and Drug Administration (FDA) ,
Healthcare Workers ,
Moderna Inc. ,
OSHA ,
Pfizer ,
Pharmaceutical Industry ,
Religious Exemption ,
Title VII ,
Vaccinations ,
Workers’ Compensation
Introduction - On 11 September 2020, the Department of Labor (DOL) issued new regulations (Revised Regulations) for the Families First Coronavirus Response Act (FFCRA) in response to a New York federal court decision that...more
Mergers and acquisitions in the healthcare industry have been on the upswing in recent years, and even with the impact of the COVID-19 pandemic, and the layoffs, furloughs, and financial losses that have followed in its wake;...more
8/28/2020
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Buyers ,
Coronavirus/COVID-19 ,
Due Diligence ,
Employees ,
Families First Coronavirus Response Act (FFCRA) ,
Healthcare Facilities ,
Hospitals ,
Independent Contractors ,
Unions ,
WARN Act ,
Workplace Safety
For essential industries and healthcare facilities that remained in operation during the COVID-19 pandemic as well as the various nonessential businesses that are now reopening across the country, the question of liability...more
The following PDF document is a list of suggested practices for businesses to consider during the reopening process. For additional industry-specific guidance, please consult the following addenda for the (1) retail industry;...more
The U.S. Department of Justice Antitrust Division (“Division”) and the Federal Trade Commission (“FTC”) (collectively, the “Agencies”) issued a joint statement on April 13, 2020, warning employers, staffing companies, and...more
On March 18, 2020, President Trump signed into law bipartisan legislation entitled the “Families First Coronavirus Response Act” (the “FFCRA”). After the House of Representatives passed the FFCRA on March 14, 2020 and...more
2019 brought continuing changes to employment law issues affecting the health care industry. The following Alert — prepared by K&L Gates’ collaborative team of employment lawyers dedicated to serving health care industry...more
1/29/2020
/ Department of Labor (DOL) ,
Drug Testing ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay Act ,
Fair Labor Standards Act (FLSA) ,
Health Care Providers ,
Healthcare Workers ,
Home Healthcare Workers ,
Medical Marijuana ,
Non-Compete Agreements ,
Over-Time ,
Physicians ,
Vaccinations ,
Workplace Violence
I. INTRODUCTION -
Until fairly recently, non-compete clauses and other employer practices affecting employee mobility and wages were a relatively minor focus of U.S. antitrust enforcement authorities....more
The biometric bandwagon keeps rolling along as more and more states seek to regulate the collection, use, and retention of biometric data. Currently, three states, Illinois, Texas, and Washington, have biometric privacy laws...more
Since 2016, the U.S. Department of Justice Antitrust Division (“DOJ” or “Division”) has increased its enforcement focus on agreements between labor market competitors not to hire each other’s employees — also known as...more
2018 brought developments in employment law issues that have particular relevance to the health care industry. These include continuing developments regarding employee resistance to vaccination mandates, increased...more
2/5/2019
/ Anti-Harassment Policies ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Health Care Providers ,
NLRB ,
OSHA ,
Sexual Harassment ,
Vaccinations ,
Wage and Hour ,
Workplace Violence
In a highly anticipated decision under the Illinois Biometric Information Privacy Act (“BIPA”), the Illinois Supreme Court reversed the Illinois Second District Appellate Court, holding that plaintiffs need not “plead and...more
The advent of social media has changed the way we communicate with the world. Companies and individuals alike now have powerful and unmediated platforms from which to broadcast any information they choose. This widespread use...more
In this episode, Erinn Rigney discusses a recent Seventh Circuit court decision that opens the door for job applicants to assert claims of disparate impact under the Age Discrimination in Employment Act (ADEA)....more
This episode discusses the risks associated with mandatory employee vaccination programs and practical tips for health care entities on how to minimize these risks from an employment law perspective. In particular, this...more
8/28/2017
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Best Practices ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Grace Period ,
Healthcare ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Discrimination ,
Religious Exemption ,
Summary Judgment ,
Termination ,
Title VII ,
Undue Hardship ,
Vaccinations
On March 30, 2017, the North Carolina legislature repealed what has been known as the “Bathroom Bill” or H.B. 2, a law passed in March of 2016 that, among other things, required individuals to use the public bathroom that...more
It has been nearly five months since President Obama signed the federal Defend Trade Secrets Act (“DTSA”) on May 11, 2016, extending federal protection to trade secrets. In the past few months, employers around the country...more
Employers in the U.S. healthcare industry should act now to address recent changes to the overtime exemptions for “white-collar” employees. On May 18, 2016, the U.S. Department of Labor (DOL) published its highly anticipated...more