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35 Matching News Items |
| 1. |
Understanding OCR's Updated Guidance on Health Data Tracking and HIPAA Privacy Rule
Constangy, Brooks, Smith & Prophete LLP 
Mar. 24, 2024
"OCR's updated guidance reflects its view that tracking technologies used by regulated entities on user-authenticated webpages and mobile applications generally do collect protected health information, referred to as PHI. Where the new guidance differs, however, is on the information collected via tracking technologies on unauthenticated webpages."
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| 2. |
Want to Fire Your Employee for FMLA Fraud?
Constangy, Brooks, Smith & Prophete LLP
Jan. 19, 2024
"Of course, employees do sometimes do get caught ... taking fraudulent FMLA leave ... If it turns out that the employee's activity was consistent with her alleged medical condition and that the activity had been authorized by her health care provider, then the leave is almost certainly not fraudulent. Which means that if you fire without considering these possibilities and conducting an adequate investigation, you could be liable -- in one way or another -- for terminating an employee on a legitimate FMLA leave." [Burnett v. East Tallahatchie School Dist., No. 23-183 (N.D. Miss. Jan. 11, 2024)]
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| 3. |
Georgia Update: Voting Leave, No Sunset on Kin Care
Constangy, Brooks, Smith & Prophete LLP
Sept. 22, 2023
"Georgia employers must provide employees with unpaid time off to vote in any municipal, county, state, or federal political party primary or election, either on one of the days designated for advance in-person voting or on the day of the primary or election.... The second change was to repeal the sunset provision in Georgia's sick leave law ... [which] was scheduled to be repealed, or to 'sunset,' effective July 1 ... Effective May 1, the law was amended to remove the sunset provision, so this law is here to stay."
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| 4. |
Request for 'FMLA Leave' Is Protected Activity, Court Says
Constangy, Brooks, Smith & Prophete LLP
Feb. 3, 2023
"Even if an employee doesn't qualify for FMLA leave, and even if she doesn't specifically mention 'FMLA,' employers need to be careful to avoid retaliation (or even the appearance of retaliation) based on a request for leave." [Milman v. Fieger & Fieger, P.C., No. 21-2685 (6th Cir. Jan. 25, 2023)]
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| 5. |
Get Ready for Paid Time Off for Any Reason, for Illinois Employees in 2024
Constangy, Brooks, Smith & Prophete LLP
Jan. 30, 2023
"For employees to take advantage of the paid leave, they must have been employed for 90 days following the effective date of the law, or 90 days following the start of their employment, whichever is later.... Employers may require employees to provide up to seven calendar days' notice before the paid leave is used if use of the paid leave is foreseeable."
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| 6. |
Sixth Circuit: Suit Based on Notice of Intermittent FMLA Absences Must Go to Trial
Constangy, Brooks, Smith & Prophete LLP
Nov. 18, 2022
"What can employers learn from this case? First, monitor your TPAs. Make sure that the communications they are sending to your employees are comprehensible, and that any instructions are clear, easy to follow, and consistent with your policies and actual practices.... Second, don't be afraid to question or even overrule your TPAs.... Third, beware of being too rigid about FMLA intermittent leave." [Render v. FCA US, LLC, No. 21-2851 (6th Cir. Nov. 16, 2022)]
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| 7. |
FMLA 'Interference' Doesn't Require Denial of Leave: Employment and Labor Insider
Constangy, Brooks, Smith & Prophete LLP
June 3, 2022
"According to the panel, a claim for 'interference' under the Family and Medical Leave Act does not require a finding that the employee was actually denied leave. Any words or actions that would discourage an employee from taking leave will be enough." [Ziccarelli v. Dart, No. 19-3435 (7th Cir. Jun. 1, 2022)]
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| 8. |
What Employers Need to Know About California's New COVID-19 Paid Sick Leave
Constangy, Brooks, Smith & Prophete LLP
Feb. 28, 2022
"The new law applies to employers with 26 or more employees. Out-of-state employers are covered only if they have at least 26 employees in the State of California.... If the employee, or a family member for whom the employee is providing care, tests positive for COVID, the employee may request up to 40 additional hours of paid sick leave. ... Thus, employees may be entitled to a maximum of 80 hours of paid leave."
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| 9. |
Employers Who Would Have Been Covered by the OSHA ETS: What to Do Now?
Constangy, Brooks, Smith & Prophete LLP
Jan. 14, 2022
"[If] you are in a state that requires employers to mandate vaccination or testing, then you will still need to comply with state law.... [If] you are in a state (such as Florida or Texas) that restricts employers' ability to impose vaccination mandates, it's safe to start complying with your state law now.... For everybody else ... [If] you told your employees about the ETS requirements and do not want to impose them now that you don't have to, then you should put together a brief communication to employees saying that, in light of yesterday's Supreme Court decision, you no longer plan to require vaccination or testing for unvaccinated employees."
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| 10. |
New York City Council Passes COVID Child Vaccination Leave Law
Constangy, Brooks, Smith & Prophete LLP
Dec. 15, 2021
"When signed by Mayor de Blasio, the legislation will immediately become effective retroactive to November 2 ... The new amendment to the Earned Safe and Sick Time Act requires private employers to provide an employee with up to four hours of paid leave per injection for the child's COVID vaccination."
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| 11. |
New York Paid Family Leave Law Expanded to Include Siblings
Constangy, Brooks, Smith & Prophete LLP
Nov. 7, 2021
"The new coverage for siblings that will take effect in 2023 includes biological, adopted, step-, and half-siblings. Under the law, eligible employees receive 67 percent of their pay while on leave, up to a certain cap based on statewide average pay."
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| 12. |
Asking Applicants for Vax Status? Not So Fast, Employers
Constangy, Brooks, Smith & Prophete LLP
Oct. 8, 2021
"The ADA, as it has been consistently interpreted since the 1990s, says employers can't ask for medical information at the applicant stage of the hiring process.... The ADA has rules about medical information that employers can request, and the rules are different depending on whether the individual is a job applicant, someone who has received a conditional offer of employment, or a current employee."
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| 13. |
Missouri Now Requires Leave for Victims of Domestic Violence
Constangy, Brooks, Smith & Prophete LLP
Sept. 22, 2021
"Missouri employers with at least 20 employees must now provide unpaid leave and certain safety accommodations to victims of domestic or sexual violence under a new law, the Victims Economic Safety and Security Act [VESSA], which took effect on August 28.... [E]mployers must provide notice of the law's provisions to employees by October 27.... The length of the required leave period provided by the employer depends on the number of the employer's employees[.]"
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| 14. |
Everything Employers Always Wanted to Know About Vaccines... and Have Been Asking About for Months
Constangy, Brooks, Smith & Prophete LLP
June 2, 2021
"Can employers exercise any influence over employees' decisions to be vaccinated without violating the federal anti-discrimination laws? Yes, they can.... And is it lawful for an employer to request or require proof of vaccination? Yes.... Does the EEOC have any recommended 'best practices' related to reasonable accommodation? They're glad you asked!"
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| 15. |
Federally-Funded Paid Leave Benefits Might Be On the Way
Constangy, Brooks, Smith & Prophete LLP
Apr. 30, 2021
"In his address to the Joint Session of Congress on Wednesday evening, President Joe Biden formally announced (among other things) the paid leave provisions of his American Families Plan.... The specifics of the paid leave proposal could be more ... specific. But here is the information we have right now."
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| 16. |
Employer Gets Whacked on Workers' Comp, FMLA Overlap
Constangy, Brooks, Smith & Prophete LLP
Apr. 9, 2021
"FMLA leave can run concurrently with a workers' compensation leave, or with paid sick leave.... It's a good idea to get the FMLA clock running right away. Although you are not required to let FMLA and other leaves run concurrently, it is to your advantage to do so." [Ramji v. Hospital Housekeeping Systems, LLC, No. 19-13461 (11th Cir. Apr. 6, 2021)]
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| 17. |
American Rescue Plan Act: COBRA Strikes
Constangy, Brooks, Smith & Prophete LLP
Mar. 30, 2021
"If anyone has COBRA coverage, you aren't supposed to collect the premiums during this April 1-September 30 period.... Do not cancel anyone's COBRA coverage between April 1 and September 30 for failing to pay the premiums.... If you use a vendor to manage your COBRA process, make sure the vendor does this properly.... your COBRA notice obligations have changed[.]"
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| 18. |
What's in Los Angeles County's New COVID Paid Leave Law
Constangy, Brooks, Smith & Prophete LLP
Feb. 16, 2021
"Last month, the county passed an urgency ordinance requiring all private employers in unincorporated parts of Los Angeles County to provide up to 80 hours of supplemental paid sick leave for certain COVID-19-related reasons, provided that the employee did not previously exhaust available leave under the FFCRA or the original supplemental paid sick leave ordinance.... [T]he new ordinance applies to all employers regardless of the number of employees."
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| 19. |
What's in Those Proposed Wellness Regs?
Constangy, Brooks, Smith & Prophete LLP
Jan. 15, 2021
"According to interpretive guidance issued along with the proposed ADA regulations, to qualify for the 'safe harbor,' the wellness program must actually use the medical information gathered 'and require[] employees to satisfy a standard related to [a] health factor, such as achieving a certain blood pressure or cholesterol level, to receive an award or avoid a penalty.' If the program merely gathers information and doesn't use it, then it will not qualify for the safe harbor."
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| 20. |
Revised FFCRA Regs Take Effect on Wednesday September 16
Constangy, Brooks, Smith & Prophete LLP
Sept. 14, 2020
"For the most part, the DOL respectfully disagreed with the court, provided more explanation of the rationale for the existing regulations, and made minor tweaks or corrections. However, health care employers should note that the 'health care provider' exclusion from FFCRA eligibility has been significantly narrowed.... [H]ealth care employers who are subject to the FFCRA -- either because they have fewer than 500 employees or because they are public-sector employers -- will no longer be able to take advantage of a blanket exclusion of all employees from FFCRA eligibility."
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