32 search results found

Employment Alert – No More COVID-19 Vaccination Mandates in Texas

Private employers in Texas cannot require applicants, contractors, or employees to be vaccinated against COVID-19.

Healthcare Alert – Risky Business: Using Online Tracking Technologies

While HIPAA Covered Entities may use tracking technologies, that use must comply with HIPAA Privacy, Security, and Breach Notification Rules.

Healthcare Alert – Preventing Even a Single Costly HIPAA Violation is Worth the Effort

Providers should ensure they have appropriate policies and procedures in place.

Healthcare Client Alert – New HHS Translation Requirements Aim to Help LEP Patients

What providers need to know to ensure compliance.

Healthcare Alert – “Suspect Characteristics” of Telemedicine Arrangements

Telemedicine utilization is on the rise, bringing with it new opportunities for fraud and abuse and also, necessarily, a wave of government enforcement action.

Employment Alert – Healthcare Facilities Face Deadlines to Vaccinate Their Workforce

GableGotwals’ Employment & Labor team is available to help employers assess their current policies, procedures, and practices in light of these announcements.

Employment Alert – Return of the CMS COVID-19 Vaccine Rule (in Some States): Fifth Circuit Drops Nationwide Injunction

CMS now finds itself looking at a patchwork of states in which it can enforce the Rule because, as of December 15, 2021, the nationwide injunction preventing its enforcement has been dissolved just weeks after it went into effect.

Employment Alert – Court Expands Burk Tort to Include Claims of Wrongful Discharge for Opposing Violations of the Governor’s Executive Orders

The Oklahoma Supreme Court recently broke new ground on the Burk public policy tort claim. Burk wrongful discharge claims may now be based on allegations that an employer wrongfully terminated an employee for opposing an employer’s violation of an executive order issued by the Governor.

Employment Alert – Vaccine Requirements Face Continued Legislative and Legal Challenges

President Biden’s vaccine mandates have triggered a wave of legal challenges across the country.

Employment Alert – A Federal District Court Calls Timeout — CMS’s Interim Final Rule Subject to a Nationwide Injunction

Less than a month ago, CMS issued its Interim Final Rule, which requires all staff to be vaccinated against COVID-19. But, as with OSHA's ETS, litigation challenging the CMS Rule ramped up over the last month. That litigation came to a head this week with two federal district court rulings.

Employment Alert – OSHA Levels Fines Against Employers Who Fail to Implement Measures to Mitigate the Spread of COVID-19

On November 4, OSHA issued its Emergency Temporary Standard (“ETS”) that imposes a vaccine mandate on employers with 100 or more employees.

Employment and Healthcare Alert – CMS Issues Emergency Regulation Requiring COVID-19 Vaccinations for Healthcare Workers: What We Now Know

CMS issued an emergency regulation requiring COVID-19 vaccination of staff at Medicare- and Medicaid-certified healthcare facilities.

Employment Alert – OSHA Issues ETS for Vaccine Mandates: What We Now Know

The ETS purports to force private employers to fully vaccinate their entire workforce or require unvaccinated employees to wear face coverings and undergo weekly testing for COVID-19.

Employment Alert – Equal Employment Opportunity Commission Updates Guidance on COVID-19 and Religious Accommodations

The EEOC’s updated guidance likely stems from the growing number of religious-accommodation requests that employers are fielding due to the Occupational Safety and Health Administration’s impending Emergency Temporary Standard and other company-specific policies taking effect.

Employment Alert – OSHA Issues New Guidance on Protecting At-Risk Employees from COVID-19

In response to the recent surge in COVID-19 cases across the country, OSHA released updated guidance on protecting workers from the virus.

Healthcare and Employment Alert – OSHAs New Emergency Temporary Standard and Updated Guidance for COVID-19 Workplace Precautions

On June 10, 2021, OSHA released an emergency temporary standard (ETS) for healthcare industries and updated guidance for all employers related to COVID-19 precautions in the workplace.

Employment Alert – Employers May Incentivize Vaccinations So Long As Employees Are Not Coerced

The EEOC issued guidance regarding whether employers may incentivize employees to voluntarily provide proof of vaccination against COVID-19.

Employment Alert – DOL Issues New Guidance in Distinguishing Between Employees and Independent Contractors

Whether particular workers are properly classified as employees or independent contractors is a common challenge for employers and poses a host of costly legal risks.

Employment Client Alert – Telemedicine Gains Acceptance Under FMLA

The DOL released guidance recognizing the increasingly important role of telemedicine in establishing a serious health condition under the Family and Medical Leave Act.

Employment Client Alert – COVID-19 Relief Package Provides Employers Additional Benefits

The President has signed a second round of COVID-19 relief which includes the extension, modification, and creation of many tax benefits to employers, including a continuing tax credit for what will now be voluntary leave under the Families First Coronavirus Response Act (“FFCRA”) if taken after December 31, 2020.