Labor, Employment & Worker’s Compensation
FEDERAL TRADE COMMISSION PROPOSES BAN ON NON-COMPETITION AGREEMENTS
This month the United States’ Federal Trade Commission proposed a rule which would prohibit employers from using Non-Competition Agreements with employees and independent contractors. The rule, if enacted, will apply nationwide. The proposed rule will also require employers to rescind all current Non-Competition Agreements in effect with employees and independent contractors. The proposed rule broadly…
Read MoreSupreme Court Rules on Two Vaccine Mandates
The Biden Administration proposed three (3) vaccine mandates in 2021. The first mandate pertained to medical facilities which receive Medicare or Medicaid payments (hospitals, nursing homes, etc.). The second mandate pertained to companies which accept federal contracts (and the company’s subcontractors who may work on the project). The third mandate – which was the most…
Read MoreEmployers Can Offer Vaccine Incentives
COVID-19 has left many employers with understaffed workforces. Of the many factors contributing to the lack of available workers, one such reason is an apprehension to work alongside unvaccinated colleagues. Employers have been left to question whether they can incentivize their employees to become vaccinated against COVID-19. This has been an ongoing question in legal…
Read MoreA Guide for Small Business Owners with Nursing Mothers
At some point in time, a small business owner is likely to be approached by an employee about the need to pump or “express” milk for their nursing baby while at work. As a business owner, if you have never been approached with this topic before, you may fumble through the conversation, uncertain about the…
Read MoreCOVID-19 Liability Waivers
Universities around the country are requiring students, faculty, and staff to sign COVID-19 liability waivers for the 2020-2021 school year. Several universities have also implemented remote options for schooling so attendees can opt-out of in-person classes this upcoming fall semester. So, will schools actually be liable for the spread of COVID-19 when school starts? By…
Read MoreWhere Worker’s Compensation Intersects with OHSA Guidance on COVID-19
The OSHA May 19, 2020 memo entitled Revised Enforcement Guidance for Recording Cases of Coronavirus Disease 2019 (COVID-19), and contained in the link, https://www.osha.gov/memos/2020-05-19/revised-enforcement-guidance-recording-cases-coronavirus-disease-2019-covid-19 , deals primarily with what constitutes a reportable COVID-19 finding to OSHA. The fact that an employee may have acquired COVID-19 at work (i.e., the COVID-19 is work-related) is just one…
Read MoreA healthcare provider’s civil liability for an employee’s breach of patient confidentiality: Indiana’s evolving law on civil damages for breaches of medical privacy.
Although the federal Health Insurance Portability and Accountability Act (HIPAA) does not provide a private right of action, a plaintiff still may recover damages for the wrongful disclosure of his or her private health information under Indiana law. A healthcare provider can be held vicariously liable for the wrongful disclosure by its employee when…
Read MoreFEDERAL LAW PROTECTS LGBT COMMUNITY FROM EMPLOYMENT DISCRIMINATION
The United States Supreme Court issued a landmark ruling this morning. The Court held that the 1964 Civil Rights Act protects gay and transgender workers from employment discrimination based on sexual orientation and gender identity. The Court issued its ruling in response to three (3) cases before the Court: Bostock v. Clayton County, which involved…
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