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- Feed Preview Employment Law Matters
Issue: Does HIPAA allow disclosure of COVID-19 without an individual’s authorization? Yes. Here’s when.
Healthcare entities are being faced with a growing number of challenges related to the virus SARS-CoV-2, or the disease caused by that virus, COVID-19. One of those challenges is the issue of how...
Handling Difficult Conversations: Five important steps to improving that skill.
No one looks forward to having a difficult conversation. Whether you’re conducting or responding to a performance evaluation at work, comforting a bereaved friend, or discussing a behavioral is...
Six things you can do right now to improve your communication skills.
In this era of electronic communication, mindful communication is becoming a lost art. There are two primary reasons for this: first, without face-to-face contact, it becomes easier to forget tha...
Risky Business: Avoiding the Legal Issues Associated With Workplace Romance.
Valentine’s Day is an appropriate time to think about how to deal effectively with workplace romances. Real-life workplaces rarely reflect movie scenarios. Consider: Mel Gibson’s character wh...
2019 Novel Coronavirus is not a pandemic yet, but concerns are growing.
The Occupational Safety and Health Administration (OSHA) recently published a thorough and usable webpage that provides interim guidance and resources for preventing exposure to the 2019 Novel Co...
A 2019 ADA decision regarding Ebola may become relevant because of the new coronavirus.
Although the Americans with Disabilities Act (ADA) protects qualified individuals who may be perceived as having a disability, that Act does not protect individuals who may be perceived as possib...
Numbers are fun . . . unless you’re calculating overtime compensation for a period that includes a discretionary bonus.
Calculating the “regular rate” of pay: Section 7 of the Fair Labor Standards Act (FLSA) requires an employer to pay one and one-half times an employee’s “regular rate” of pay for hours ...
Can an employee’s assertion of “self-defense” avoid termination for a typical workplace scuffle? Not in West Virginia.
At-will employment generally allows employment to end – by either the employer or employee – for any reason or no reason, other than for a violation of law. In West Virginia, as in many state...
Is It OK to Require Confidentiality Regarding an Internal Investigation? The NLRB says “Maybe . . . ”.
Investigative Confidentiality Gets the Support of the NLRB: The National Labor Relations Board (NLRB) has reversed recent past decisions, and has held that an employer can require confidentialit...
Company’s “point-reduction” program to erase absence points may violate FMLA.
An employer instituted a no-fault attendance policy which allowed employees’ absence points to be reduced for each 30-day period of “perfect” attendance. An employee sued the company, based...