Employment Law Forums

HIPAA & Disclosure of Drug Testing Results to Third Party

2008-07-22T10:36:16Z

A client that’s company in the commercial construction industry has asked me a HIPAA question I’m not sure how to answer. Wondering if any of you has any thoughts. He says: “Our customers sometimes want to see drug testing results. We obtain the results lawfully because we require the employee to sign an authorization when hired. But the statute (42 USC § 1320d et seq.) says that any person ‘who knowingly and in violation of this part … (2) obtains individually identifiable health information relating to an individual; or (3) discloses individually identifiable health information to another person, shall be punished as provided in subsection (b) of this section [which provides for a fine up to $50,000 and imprisonment for up to a year].’ Just because we’re obtaining the information legally, does that mean we’re free to disclose it to anybody we want to (assuming we’re not a ‘covered entity’ under the implementing HHS regs (45 CFR parts 160 and 164), which is a whole different can of worms)?”

I believe he’s looking for an authority to cite to customers as a reason for declining their request for drug testing results. Thoughts?

Thanks.

HR Policy and Compliance skeletons in the closet

2008-07-23T13:44:48Z

I’m interested in opinions on the subject of human resources and federal/ state compliance in the typical workplace (if there is such a place).

Today, it’s fair to say there are thousands of employers out there who fall short on implementing legal compliance and other seemingly prudent HR policies or procedures. What absent or poorly constructed HR policies, in your opinions, tend to cause the most friction in the workplace?

On compliance, consider how some employers will attempt to make a weak argument they don’t know which regulations apply to them and which ones do not. There may also be those owners and managers who intentionally “fly under the compliance radar” on issues they choose not to comply with while facing unknown outcomes if they are “caught” in the act of failing to comply.

So upon gazing into these worksites, what represents the most COMMON compliance and HR policies owners or managers are found to have either intentionally or unintentionally failed to implement or comply with and furthermore, what would you presume their reasoning for such failure to take action ?

Thanks,
Brian Phillips

4 Day Work Week

2008-07-18T12:14:34Z

Concerning the Employeer? Do you feel that there will be employee’s leave as a result of longer hours and shorter weeks. What are some of the other issues to face by shorter work weeks and adding more employee’s. Any good web sites to check out?

Have You Given Consideration to a 4-day (or other condensed) Workweek?

2008-07-02T08:48:14Z

...to save on expenses?

Professional Experts 1099 versus W-2

2008-07-15T12:35:36Z

Hello,

We have numerous situations where we hire Scientist, RN’s and MD’s to work on various projects that range from 1 day to 1 year. The frequency in which they perform the work varies as well sometimes it can be as much as 40 hours a week for 3-6 months or sporadic working 2 days per week every other week for 6 months. If we can prove they are “industry experts or licensed professionals” can we pay them on a 1099?

Seasonal Employees

2008-07-10T13:17:32Z

We hire on a number of seasonal employees for our retail garden store. I have them sign off when they’re hired that they understand the position is seasonal and they are not eligible for benefits such as health or dental insurance. My question is would they be eligible for unemployment in Illinois? Generally any employee having worked 30 days is eligible given that their termination is through no fault of their own.

Accommodations

2008-03-05T11:41:20Z

I have an individual that has diabetes. This individual recently provided me with a doctor’s note that stated they needed to work regular consistent shifts. In questioning the employee they stated that it was because they do not stop to eat on regular bases. I provided a specific timeline for them and assured this person that the MOD would cover for them if needed to ensure a regular schedule. I believe I am covered even though I didn’t comply with the request for accommodation by the doctor. Does anyone have any feedback based on their experience with a similar situation?

EEOC - No Action Required??

2008-04-15T09:44:42Z

One of my clients recently received a charge of discrimination which stated that no action was required on the part of the employer. I tried calling the investigator a few times and left voice messages - no response from the EEOC.

I have never seen an EEOC charge that states that no action is required and it bothers me. There are no allegations in the charge so we do not have any statement from the employee to investigate.

Any recommendations on what to do - or do we just sit and wait - which is not in my character.

Thanks in advance for your help.

FMLA, Workers Compensation and Vacation

2008-03-05T12:09:14Z

In the state of Kentucky, is it permissible to require someone who is out on workers compensation leave to use their vacation during the leave? This person is on FMLA, but it is due to an on the job injury.

Providing Information to the Police

2008-05-10T23:32:46Z

Has anyone had to deal with police officers asking for personal information like addresses due to a criminal investigation? Under what circumstance (without a warrant) can the police require information regarding employees? What liability does the create for the employer?