Labor, Employment & Worker’s Compensation
A 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…
Read MoreHuman Resources – Observations From a 40-Year Career
I began my career in Human Resources in May 1979 as a summer intern in the labor relations department of the Midwest Steel Division of National Steel Corporation and was admitted to practice law in Indiana in October 1980…so, around 40 years of working in HR and/or legal roles involving HR matters. The first 16…
Read MoreWhy Employers Should Engage in the Interactive Process
When employers are confronted with a request by a “disabled” employee for a reasonable accommodation, the employer should consider at least two (2) issues: What is the best, practical solution to this business problem?, and What are the legal requirements the employer is obligated to comply with? When the American with Disabilities Act was amended…
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