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Employment Law

HIPAA health care privacy rules: They do apply to you

04/01/2002
It’s a common misconception: Employers have been lulled into thinking that the strict privacy provisions of the Health Insurance Portability and Accountability Act (HIPAA) apply only to health care providers …

‘Hybrid’ pay plan can kill exempt status

04/01/2002
A full-time home health care nurse in Cleveland was required to complete at least 25 patient visits per week, for which she was paid on a per-visit fee basis. She also …

Pregnancy bias: New census trends heighten your risk

04/01/2002
If you’ve only semiunderstood the Pregnancy Discrimination Act (PDA) until now, it’s time to brush up. Reason: The 24-year-old law is spawning its greatest number of claims yet. (See chart below.) …

Indemnify a Noncompete? Not So Fast

04/01/2002

Q. We want to hire an individual who signed a noncompete with his current employer. He asked us to indemnify him in the event his employer sues him. What are the legal risks associated with agreeing to indemnify him? —V.M., Virginia

Health Plan Cancellation Ends Your COBRA Obligation

04/01/2002

Q. Our business recently was forced to implement layoffs—and most remaining employees walked off the job. All were given a COBRA notice, but only one chose to take the coverage. Since this was a group insurance policy and only one person will now be insured, the insurer is cancelling our policy. What’s our responsibility to that ex-employee? —G.B., Texas

Rehiring Is Your Call

04/01/2002

Q. We have a number of Hispanic employees who speak little or no English. One of these employees recently resigned through a Spanish-speaking co-worker acting as interpreter. She quit after we denied a raise because of problems with her timecard. Her mother called and demanded that we rehire her daughter. Are we under any legal obligation to rehire? —W.K., Maryland

A few brief incidents can create ‘pervasive’ harassment

03/01/2002
Three Hispanic men were hired as a house-painting crew for a contractor. Typically, the crew checked into the company’s office for only two minutes to 15 minutes a day, once in …

Don’t deny leave requests based on gender stereotypes

03/01/2002
After his wife gave birth, Kevin Knussman, a Maryland state trooper, applied for family leave. Because his wife had medical problems after the birth, Knussman asked for an extra 30 …

Definition of ‘work environment’ just got wider–so did your risk

03/01/2002
During a layover in Rome, two Delta flight attendants went shopping. Afterward, the male employee invited his female co-worker to his hotel room to sample a new wine. After drinking a …

Create a job testing policy that’s rock solid and bias-proof

03/01/2002
Charles Sledge, an African-American builder at a tire manufacturing plant for 23 years, was repeatedly denied the chance to interview for a promotion to mechanic. In every case, the positions were …