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Four Tips to Mitigate Employee Whistleblower Claims in Healthcare Posted on: March 05, 2020 In: Labor & Employment
Employees are an employer’s largest potential liability. This is especially true for employers in the healthcare industry who participate in federal healthcare programs. Federal law, and some states, allows employees to bring a civil lawsuit against employers for alleged violations of federal law. Whistleblowers are particularly active in healthcare. 86% ($1.909 billion) of all whistleblower recoveries were recovered in the healthcare space.
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Tags:
whistleblowers, healthcare, false claims act, compliance, federal law
CBD in the Workplace & Potential Changes to Kentucky Law Posted on: March 03, 2020 In: Labor & Employment
Compared to other states, marijuana laws in Kentucky are stringent, even for qualified medical patients. However, in 2017 the state’s legislature afforded statewide legal status for the consumption and retail sale of CBD products. Under state law, as long as CBD is derived from industrial hemp and less than 0.3% THC, it is legal to own CBD oil in Kentucky.
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Tags:
cbd, kentucky, drug testing, marijuana, human resources, employment law
Non-Compete Enforcement and “Hot Job Markets”: A Tale of Ten Cities Posted on: February 27, 2020 In: Labor & Employment
The Wall Street Journal recently published a list of the top ten “Hottest U.S. Job Markets” in 2019. Regions were evaluated based on unemployment, labor force, jobs and wages. What is compelling about this list (at least for your average trade secrets and non-compete attorney) is that it throws into doubt the popular argument that non-competes suppress wages and deter employee mobility.
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Tags:
non-competition, employers, trade secrets, employment law, employment agreements
HIPAA Small Breach Notification Deadline is March 1, 2020 – The Clock’s Ticking to Submit to HHS/OCR! Posted on: February 27, 2020 In: Data Privacy & Cybersecurity
Organizations that experienced a data incident in 2019 affecting the protected health information (PHI) of less than 500 individuals have just a few more days to submit their notification to the U.S. Department of Health & Human Services’ Office for Civil Rights (HHS/OCR).
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Tags:
breach notification, data breach, personal information, hipaa, hhsocr
Illinois Court Expands Reach of the Defend Trade Secrets Act, Opening Door for Increased Damages Posted on: February 26, 2020 In: Labor & Employment
What is the geographical reach of the powerful trade secrets statute known as the Defend Trade Secrets Act, or DTSA? According to one judge in the Northern District of Illinois, the answer to this question is: the whole world!
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Tags:
trade secrets, dtsa, non-competition, eea, illinois, legislative alert
McVictory! Department of Labor Issues New Rules Reversing Broad Standard for Joint Employer Status Under Fair Labor Standards Act Posted on: February 25, 2020 In: Labor & Employment
On January 13, 2020, the U.S. Department of Labor (DOL) released its long-awaited final rule regarding joint employer status under the Fair Labor Standards Act (FLSA), under which one company can be held jointly and severally liable for another company’s FLSA wage and hour violations against its employees.
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Tags:
flsa, wage and hour, dol, nlrb, joint employer
Hot Off the Press: The 2019 FBI Internet Crime Report Posted on: February 24, 2020 In: Data Privacy & Cybersecurity
Recently-released FBI statistics provide a sobering reminder that businesses and individuals should continue to make cybersecurity a top priority in 2020. According to the FBI’s 2019 Internet Crime Report, internet crime complaints are at an all-time high. In addition, the magnitude of resulting losses is also reaching new heights.
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Tags:
fbi, internet crime, cybersecurity, phishing, scams
Recent New Jersey Verdict Draws Into Focus Employer Liability for the Actions of Non-Employees Posted on: February 21, 2020 In: Labor & Employment
A New Jersey jury recently awarded $2.4 million in damages against a financial institution for failing to adequately prevent an employee from being sexually assaulted by a customer. The threshold question of whether a company can be held liable for the conduct of a non-employee has been answered, at least in the Law Division in New Jersey, in the affirmative.
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Tags:
sexual harassment, employer liability, non-employees, eeoc, new jersey
California Supreme Court: Employers Must Pay For Time Spent During Bag Searches Posted on: February 20, 2020 In: Labor & Employment
The California Supreme Court recently ruled that employees must be paid for time spent during security searches before leaving work. Several retail store employees brought a putative class action suit against technology giant Apple, Inc. alleging that Apple violated California law by failing to pay employees for time spent waiting for Apple’s exit searches.
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Tags:
california supreme court, security, bag check, retail industry, apple
Trademark Update: New USPTO Rules Include Widely Criticized Applicant Email Requirements Posted on: February 14, 2020 In: Intellectual Property & Technology
Effective February 15, 2020, the United States Patent and Trademark Office (USPTO) will adhere to new trademark examination guidelines. The most significant for most trademark practitioners are the new email and specimen requirements.
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Tags:
trademark, uspto, trademark application, email, specimens
Coronavirus – Employers, Be Smart! Be Prepared! Posted on: February 13, 2020 In: Labor & Employment
Given today’s increased globalization in business, supply chains, and travel, there is no other option for employers but to prepare properly for the next pandemic.
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Tags:
coronavirus, human resources, illness, health, work from home, covid-19
Hairstyle Laws Further Complicate the Landscape for Employers in 2020 Posted on: January 30, 2020 In: Labor & Employment
The latest employment law trend sweeping the always trend-setting coastal jurisdictions is protection against bias based on hairstyle or hair texture. In 2019, California, New York, and New Jersey all adopted such statutes.
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Tags:
discrimination, hairstyle, crown act, dress code, human resources

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