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Federal OSHA Issues Emergency Temporary Standards for Healthcare Industry Posted on: June 24, 2021 In: Labor & Employment
On January 21, 2021, President Biden issued an Executive Order, which declared that ensuring the health and safety of workers is a national priority and a moral imperative. The order directed the Occupational Safety and Health Administration (OSHA) to take action to reduce the risk that workers may contract COVID-19 in the workplace. On June 10, 2021, finding existing regulations inadequate, OSHA issued an emergency temporary standard (ETS) to address specifically workers in the healthcare industry.
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Tags:
osha, covid-19, emergency temporary standard, healthcare, employment law
Can an Employer Be Assessed Damages for the Loss of One’s Life’s Work? Posted on: June 21, 2021 In: Labor & Employment
The Massachusetts Supreme Judicial Court recently faced the question of whether an employer can be assessed damages for the loss of an employee’s life’s work. The court answered this question in the affirmative, upholding the trial award of an experienced cancer researcher, who received $10.2 million in damages against her former employer, Steward Health. The award represented the cost of reestablishing her research laboratory, lost as a result of the defendant’s unlawful breach of her employment contract.
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Tags:
massachusetts, employment law, damages, employee work product, healthcare
What an Employer May Screen in the Time of COVID-19 Posted on: March 19, 2020 In: Labor & Employment
In this time of extra precautions, closing businesses, and social distancing, employers are doing their best to protect the public and their workers. Some businesses, however, are unable to close their doors and/or serve a valuable public purpose. For those employers, they seek any and all available methods to ensure safety. Some of those measures, however, may violate various laws, including the Americans with Disabilities Act (ADA) and the Rehabilitation Act.
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Tags:
eeoc, coronavirus, ada, reasonable accommodations, healthcare, covid-19
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
Sexual Harassment by the Uninhibited Posted on: January 28, 2020 In: Labor & Employment
Many of us know someone residing in a senior living community or long-term care facility and have heard stories of residents losing their inhibitions. There are stories of seniors being rude, saying things that are inappropriate, and experiencing sexual disinhibition. What we have not heard though is what happens when a caregiver is sexually harassed by a resident.
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Tags:
sexual harassment, senior care, employee safety, healthcare, human resources