News & Analysis as of July 31, 2025

Hiring & Firing › Health Insurance Portability and Accountability Act (HIPAA)

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Workplace Law Update: 10 Essential Items on Your July To-Do List

Fisher Phillips on 6/30/2025

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. To ensure you stay on top of the latest changes and have an action plan for...more

AI in the Workplace: Using Artificial Intelligence Intelligently

BCLP on 10/9/2024

Ready or not, artificial intelligence (“AI”) is here, and even if your company hasn’t introduced or approved the use of AI, chances are your employees are already using it....more

Pennsylvania's New Noncompete Law Changes the Rules for Health Care Employers

Ballard Spahr LLP on 8/2/2024

Pennsylvania’s new Fair Contracting for Health Care Practitioners Act limits the use of certain restrictive covenants between employers and health care workers and imposes heightened patient notice obligations on applicable...more

Twist & Shout: Supervisor’s Termination for Shouting Match With Subordinate Upheld Despite Alleged Whistleblowing Activity

Genova Burns LLC on 3/1/2024

On February 16, 2024, the New Jersey Appellate Division in Ugarte v. Barnabas Health Med. Group, upheld the dismissal of a whistleblowing claim filed by a former supervisor. The Court affirmed the trial court’s decision...more

Don’t Let the Door Hit You on the Blank on the Way Out: Skipping the Notice Period

Dentons on 2/26/2021

Every HR manager has had that moment where they’re trying to decide whether or not to waive a notice period for an employee who is terminating. Many also have a trickle of doubt about the repercussions waiving the notice...more

Comprehensive FAQs For Employers On Hurricanes And Other Workplace Disasters

Fisher Phillips on 8/21/2020

This article addresses many employment-related issues facing employers in the wake of hurricane-related disasters; consequently, in addition to federal laws, we also focus on certain state laws, especially those in the areas...more

Report on Medicare Compliance Volume 29, Number 18. News Briefs: May 2020

Health Care Compliance Association (HCCA) on 5/16/2020

Report on Medicare Compliance 29, no. 18 (May 11, 2020) - The HHS Office for Civil Rights has posted guidance reminding providers that “the COVID-19 public health emergency does not alter the HIPAA Privacy Rule’s existing...more

Report on Patient Privacy Volume 20, Number 5. Privacy Briefs: May 2020

Health Care Compliance Association (HCCA) on 5/14/2020

Report on Patient Privacy 20, no 5. (May 2020) - Ambry Genetics, based in Aliso Viejo, California, has reported a data breach involving nearly 233,000 people. In its statement, the company said it identified “unauthorized...more

The EEOC Continues to Update Guidance on Returning to Work Pandemic-Prepared

Payne & Fears on 4/30/2020

The EEOC continues to update its pandemic preparedness guidance regarding the Americans with Disabilities Act (ADA), the Rehabilitation Act, and other Equal Employment Opportunity laws in the wake of COVID-19. The guidance...more

Coronavirus and the Workplace: Guidance for Employers Resuming Operations

Farella Braun + Martel LLP on 4/29/2020

As states and localities begin to relax shelter-in-place requirements and allow businesses to reopen, the coronavirus pandemic presents new challenges for employers. In addition to operational and logistical questions...more

ARB: No Protected Activity where Employee Inadvertently Informed Employer and Only “Hinted” at Filing Whistleblower Complaint

Seyfarth Shaw LLP on 11/13/2019

Seyfarth Synopsis: The DOL’s ARB rejected an employee’s SOX retaliation claim where he inadvertently provided information to his employer and only “hinted” that he was filing a SOX-protected complaint. The ARB seems unwilling...more

2019 Virginia Employment Law Pocket Guide

Sands Anderson PC on 1/31/2019

The guide, written by Sands Anderson’s Labor & Employment Law Team and edited by attorney C. Michael DeCamps, provides summaries of key Virginia employment statutes and principles of employment law. The summaries are not...more

Lack of Statutory Private Right of Action is No Bar to Privacy Suit

Holland & Knight LLP on 11/16/2018

HIPAA and several other privacy laws do not include a private right of action. This is cold comfort for healthcare providers, health plans and other members of the healthcare industry if a patient is able to demonstrate that...more

Data Privacy for Employees: A Two-Edged Sword

Holland & Hart - Employers' Lawyers on 6/13/2018

The recent launch of GDPR in the EU (spawning lawsuits against Google and Facebook for $8.8 Billion), and the endless string of data breaches (from Target and Home Depot to Equifax and Under Armor) has data privacy on...more

Five Workplace Challenges for Employers in Changing Times

Epstein Becker & Green on 5/30/2018

As Gordon Gekko famously pronounced in the 1980s classic movie Wall Street, “The most valuable commodity … is information.” Those words have never rung truer than in today’s world and in today’s workplaces. And as the old...more

Comprehensive FAQs For Employers On Hurricanes And Other Workplace Disasters

Fisher Phillips on 9/8/2017

This list of frequently asked questions was originally prepared by the law firm of Fisher Phillips in 2005, in response to Hurricanes Katrina, Rita and Wilma. It has been updated several times over the course of the past 12...more

Improper HIPAA Disclosure Results in Termination and Legal Dispute

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/28/2017

The Kentucky Court of Appeals recently held that a hospital acted lawfully in terminating the employment of a nurse for violating the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The nurse had been...more

ACA Retaliation Claim Survives Despite No Complaint About ACA Provisions

Proskauer - Whistleblower Defense on 6/8/2017

On April 28, 2017, the United States Department of Labor Administrative Review Board (“ARB”) allowed a whistleblower retaliation claim under the Patient Protection and Affordable Care Act (“ACA”) to proceed even though the...more

ACA Retaliation: A Ca$e in Point

Balch & Bingham LLP on 5/4/2017

Most EEOC retaliation charges are dismissed if the supporting evidence is flimsy. So why should employers expect ACA retaliation charges to be more costly? Here’s why: Gallas v. The Medical Center of Aurora, DOL...more

Nurse’s Age Discrimination Case May Proceed

Faegre Drinker Biddle & Reath LLP on 6/28/2016

A California federal court has rejected a hospital’s motion for summary judgment in a case brought by a former nurse who claims she was fired for being too old. Seventy-year-old Lavon Ramsey had worked at Fairchild...more

EEOC Issues Proposed Wellness Regulations: Time for Another Check-Up

Davis Wright Tremaine LLP on 4/21/2015

The Equal Employment Opportunity Commission (EEOC) has finally issued proposed regulations under the Americans with Disabilities Act (ADA) regarding wellness programs. The proposed regulations amend existing regulations and...more

EEOC Issues Proposed Rule on Wellness Programs and the ADA

Franczek P.C. on 4/21/2015

The Equal Employment Opportunity Commission (EEOC) has released its long-awaited proposed rule providing guidance on the application of the Americans with Disabilities Act (ADA) to employer-sponsored wellness programs....more

EEOC Issues Proposed Wellness Program Amendments to ADA Regulations

Epstein Becker & Green on 4/20/2015

On April 16, 2015, the Equal Employment Opportunity Commission (“EEOC”) released its highly anticipated proposed regulations (to be published in the Federal Register on April 20, 2015, for notice and comment) setting forth...more

Starting a New Business: What Employers Need to Know About Health Benefits

Troutman Pepper Locke on 1/28/2015

Starting a new business can be very stressful, and with any successful business comes the added stress of hiring and retaining employees. To attract good employees, employers generally need to offer health benefits. ...more

Improve Compliance Of Retirement And Group Health Plans In 2014

Laner Muchin, Ltd. on 1/10/2014

Retirement plan fiduciaries should consider the following best practices to improve their plan’s governance in 2014: (i) if fiduciary duties have been delegated, make certain that the delegations are in writing and are being...more

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Hiring & Firing › Health Insurance Portability and Accountability Act (HIPAA)

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