The privacy and security rules under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) are critically important for employers to understand and comply with. In general, HIPAA requires that records containing individually identifiable health information are secure and only available to certain parties. Additionally, HIPAA also requires that privacy procedures are adopted and implemented to maintain secure health information, employees are trained to understand and follow privacy procedures, and individuals are notified about their privacy rights and how their health information can and will be used.
Continue Reading How Much Is Your Privacy Worth? According to Department of Health and Human Services, Millions.
Employees’ Private Email Accounts Not Necessarily Off-Limits To Employers
The precise wording of an employer’s computer usage policy could have a significant impact in a lawsuit with a former employee. That is one lesson from a recent decision out
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Supreme Court Finds that Employee Who Did Not Engage in Protected Activity Under Title VII is Still Protected by Title VII’s Anti-Retaliation Prohibition
Today, the U.S. Supreme Court ruled that an employer may be held liable for retaliating against an employee who did not engage in any protected activity, but who has a close relationship with another employee who did engage in protected activity.
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Arizona’s Minimum Wage To Increase to $7.35 Per Hour in 2011
A new year, and a new minimum wage in Arizona. Effective January 1, Arizona’s minimum wage will increase by 10 cents to $7.35 per hour, which exceeds the federal minimum
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A New Definition of “Fiduciary” Under ERISA Expands Liability For Providing Employee Benefit Plan Investment Advice
The Department of Labor (DOL) has recently published proposed regulations under the Employee Retirement Income Security Act (ERISA) to expand the definition of who is a fiduciary with respect
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Uncorroborated Testimony Sufficient To Get To Jury Trial
A new decision from the U.S. Court of Appeals for the 7th Circuit provides a stark reminder to employers of the ease with which a former employee can get a
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Employers Eligible for Estimated $10.4 Billion In Tax Breaks Under HIRE Act
According to a report issued this week by the Treasury Department, employers who have hired previously unemployed workers this year are eligible for an estimated $10.4 billion in tax breaks
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Second Circuit: Pharmaceutical Sales Representatives Are Entitled To Overtime
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On June 6, the Second Circuit ruled that pharmaceutical sales representatives (“PRs”) were entitled to overtime under the FLSA because they did not meet the requirements of either the
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DOL Introduces New Legislation Designed to Combat Unemployment Fraud
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Employers may soon face new requirements in the Department of Labor’s efforts to reform the unemployment insurance program. On Monday, the Department announced that it had introduced legislation designed to
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Discipline of Employees Who Have Engaged in Protected Activity
Lots of laws prohibit an employer from firing or taking some other adverse action against an employee based on the employee’s protected conduct, status, or activity. But what happens when
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