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ten most recent federal employment law articles Ten Most Recent Federal Articles

HIPAA Privacy and Coronavirus

FordHarrison LLP • February 20, 2020
With the recent spread of coronavirus (2019-nCoV), it is an important time to examine what information employers may share under HIPAA’s Privacy Rule during an outbreak of infectious disease or other emergency situation.

DC Issues Interim Guidance to Help Employers Plan and Respond to Coronavirus Disease

Hirsch Roberts Weinstein LLP • February 19, 2020
This month, the Center for Disease Control and Prevention (“CDC”) published Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (officially named COVID-19 by the World Health Organization) to help prevent workplace exposures to acute respiratory illnesses, including COVID-19. While much is unknown about COVID-19 and how the disease spreads, COVID-19 is spreading person-to-person in China and some limited person-to-person transmission has been reported in other countries, including the U.S.

Six things you can do right now to improve your communication skills.

Ogletree Deakins • February 19, 2020
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 that there is a second party to the communication; and further, it becomes too easy to present our own position without listening for input or response from that second party.

Employers must start using new form I-9 on May 1, 2020

Nexsen Pruet • February 19, 2020
On Jan. 31, 2020, U.S. Citizenship and Immigration Services (USCIS) published a new Form I-9, Employment Eligibility Verification Form, version date of “Rev. 10/21/2019,” that all employers must begin using on May 1, 2020.

OSHA’s Electronic Recordkeeping Deadline Is Fast Approaching: Are You Ready?

Ogletree Deakins • February 19, 2020
An important deadline is upon us: March 2, 2020, is the deadline for electronically reporting OSHA Form 300A data for calendar year 2019.

U.S. DOT Issues Warning Regarding Use Of CBD Products By DOT-Regulated Employees

Jackson Lewis P.C. • February 19, 2020
The U.S. Department of Transportation Office of Drug and Alcohol Policy Compliance published a notice on February 18, 2020 concerning the use of hemp and cannabidiol (CBD) products by safety-sensitive employees regulated by DOT’s agencies (including the Federal Aviation Administration, the Federal Motor Carrier Safety Administration, the Federal Transit Administration, the Federal Railroad Administration, and the Pipeline and Hazardous Materials Administration, as well as the U.S. Coast Guard). Among other things, ODAPC stated the following

Is My Public School, Private School, or College or University Subject to the HIPAA Privacy Rule? Revised Federal Guidance Provides Answers

Franczek Radelet P.C • February 18, 2020
School leaders are often understandably confused as to which law applies to health- or medical-related records in schools: The Family Educational Rights and Privacy Act (FERPA) or the Health Insurance Portability and Accountability Act of 1996 (HIPAA) “Privacy Rule.”

Second Circuit Rejects Proportionality Standard in FLSA Settlement Agreements When Determining Attorneys’ Fees

Ogletree Deakins • February 18, 2020
In a 29-page decision, the U.S. Court of Appeals for the Second Circuit held in Fisher v. SD Protection Inc., No. 18-2504, that a district court had abused its discretion by rewriting a Fair Labor Standards Act (FLSA) settlement agreement to modify the allotment of the settlement funds to dramatically reduce the fees and costs provided to plaintiff’s counsel. In its holding, issued on February 4, 2020, the court determined that the district court had committed three errors requiring that its decision be vacated and remanded for further consideration.

Using Data from Wearable Devices in Litigation

Jackson Lewis P.C. • February 18, 2020
Millions of people across the globe use some type of wearable device that constantly captures data including health information, fitness levels, location, and much more. These devices, such as Fitbit and the Apple Watch, are often referred to as “wearables.” Experts estimate that over 300 million wearables are in circulation and that the number of wearables could increase 55 percent each year.

Top Trends to Look For in Healthcare in 2020

Jackson Lewis P.C. • February 18, 2020
Healthcare consumers continue to pay more and more toward their out-of-pocket healthcare costs, driving a shift away from volume-based compensation models toward outcomes-based payment arrangements. By all accounts, meaningful consumerism in the healthcare market is rapidly emerging.
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