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Not So Common Employment Questions

As businesses begin to reintegrate employees into their pre-pandemic workplaces, many of our clients have questions regarding return-to-work issues. In this edition of Funny You Should Ask, we address two questions many of our clients have asked during the past week. The answers below focus on compliance with federal law. As always, employers will need to take state and local laws into consideration in addition to federal law.
Continue Reading Funny You Should Ask: Not So Common Employment Questions

Not So Common Employment Questions

As more businesses begin to reintegrate employees into their pre-pandemic workplaces, many of our clients have questions regarding return-to-work issues. In this edition of Funny You Should Ask, we address three questions many of our clients have asked during the past week. The answers below focus on compliance with federal law. As always, employers will need to take state and local laws into consideration in addition to federal law.
Continue Reading Funny You Should Ask: Not So Common Employment Questions

vaccine needle 12092020

The FDA could approve two COVID-19 vaccines within a matter of days. However, drug makers have tried to keep expectations in check about how much vaccine they can deliver immediately and over the next few months as they grapple with supply chain and manufacturing challenges. In Safety Law Matters, we write about limited and…

Vaccine 12092020

Register today to join our very own Healthcare lawyers, Jenna Brofsky and Timothy A. Hilton, and Husch Blackwell Labor and Employment and Health and Safety lawyers Brittany M. Falkowski and Avi Meyerstein as they present various issues and action steps employers should consider as they develop plans involving the much-anticipated COVID-19 vaccine. While there…

Covid-19 Pharmacy Testing

On October 1, 2020, Husch Blackwell conducted the first of an eight-part Health Law & Innovation Series. The first session, focused on vaccines, and was very well received. The discussion was moderated by Thomas N. Shorter, JD, FACHE, partner with Husch Blackwell and accompanied by panelists:

Team of healthcare workers

The Healthy Families and Workplaces Act (HFWA) introduces changes to paid sick and family leave that will impact Colorado employers in potentially significant ways. Also, the new law codifies whistleblower protections for workers who raise concerns about workplace safety related to a public health emergency, potentially spawning a wave of future lawsuits.

Click on the…

The Families First Coronavirus Response Act (the Act) was passed and signed into law on March 18 and will go into effect on April 2, 2020 and continue until December 31, 2020. As our colleagues Josef Glynias and Paul Pautler noted in their excellent summary, this Act has two provisions which speak to employee leave and may have significant implications for employers, including healthcare providers. The Department of Labor has not yet issued guidance on this Act, and we will update this blog as guidance is issued.Continue Reading New Coronavirus-Related Employment Laws to Impact Healthcare Providers

A teaching hospital in Connecticut affiliated with Yale Medical School is facing age and disability discrimination allegations after imposing mandatory medical testing for doctors 70 and older who seek medical staff privileges.  The U.S. Equal Employment Opportunity Commission (“EEOC”) has filed suit against Yale New Haven Hospital, claiming that subjecting older physicians to medical testing before renewing their staff privileges violates anti-discrimination laws.

According to the EEOC, the hospital’s “Late Career Practitioner Policy” dictates that medical providers over the age of 70 must undergo both neuropsychological and ophthalmologic examinations – a policy the federal agency claims violates both the Americans with Disabilities Act (“ADA”) and Age Discrimination in Employment Act (“ADEA”).  The EEOC claims that the individuals required to be tested are singled out solely because of their age, instead of a suspicion that their cognitive abilities may have declined. The agency further charges that the policy also violates the ADA because it subjects the physicians to medical examinations that are not job-related or consistent with business necessity.
Continue Reading Hospital Sued for Requiring Older Doctors to Undergo Medical Screenings

cannabis background

Update on 12.9.19: On December 4th, 2019, the governor of Illinois signed into law an amendment to the Act allowing employer action based on drug testing  when the testing is part of a reasonable, non-discriminatory drug policy, including any pre-employment testing policies. We will discuss the Act and implications of the amendment as well as the other evolving cannabis legal issues for healthcare employers and educators in our December 10, 2019 webinar.

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In less than two months the Illinois Cannabis Regulation and Tax Act (the “Act”) will come into effect. On January 1, 2020 the Act will legalize adult-use retail marijuana across the state and bring with it a hefty regulatory framework. As part of that framework, employers—particularly hospitals, academic medical centers and other employers subject to complex, overlapping and sometimes contradictory workplace regulations—will now be prohibited from firing employees for off-duty marijuana use, requiring an overhaul of most employers’ drug policies.Continue Reading Deep in the Weeds: Hidden Employment Issues in Illinois’ New Retail Marijuana Law