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Davis Brown Employment and Labor Law Blog

The Davis Brown Employment and Labor Law Blog provides Iowa human resources directors and employers with the latest on employment law matters, including the FMLA, ADAAA, civil rights, PTO, unemployment claims and more.  Learn more about Davis Brown's Employment Law and Labor Relations Department,

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Health Law Blog: Court Strikes Down Tax Credit Provision for Low Income Americans Participating Through Federal and Federal/State Partnership Exchanges - July 22, 2014

This morning the United States Court of Appeals for the District of Columbia ruled the IRS' interpretation of a key ACA provision is invalid. Read More »


Employment Law Blog: Pregnancy Discrimination & The Accommodation Debate - July 17, 2014

On Monday, July 14, the EEOC issued guidance relating to its current interpretation of the Pregnancy Discrimination Act and the Act's interaction with the ADA and other laws. Read More »


Employment Law Blog: You Can Take this Handbook and Shove It! - June 27, 2014

A recent Nation Labor Relation Board decision leaves many asking who's the boss in a California Hooter's Restaurant. Hooter's advertises its services as delightfully tacky; however, the NLRB has given the staff permission to be as saucy as their wings. If upheld by the Board, this decision could undermine an employer's ability to have written policies against insubordination. Read More »


Employment Law Blog: Dig Up the Dirt, but Know the Rules of the Game - The Fair Credit Reporting Act and Background Checks - May 5, 2014

Employers like to know everything they can about applicants. Hiring employees is a big investment, and they want to do their due diligence up front so that their investment pays off. Read More »


Employment Law Blog: Complying with the ADAAA - May 1, 2014

The Amended Americans with Disabilities Act has greatly expanded the definition of "disability." Under the ADAAA and its regulations, disability is defined as "a physical or mental impairment that substantially limits one or more major life activities." Under the amended Act, "Major life activities" include - caring for oneself, seeing, hearing, eating, sleeping, walking, standing, lifting, breathing, learning, and working. Read More »


Employment Law Blog: Employee Identity Theft - Responses and Obligations - April 30, 2014

You have done all of your work, you have completed the I-9, carefully checked all of the appropriate documents, utilized e-verify, done your background checks and suddenly you have that sinking feeling in the pit of your stomach when an employee or an outside source comes to you and says one of your employees is working under a false identity. What obligations do you have as an employer? Read More »


Employment Law Blog: Why Do I Need a Business Associate Agreement? Ensuring Your Business is HIPAA and HITECH Compliant - April 28, 2014

Many companies have recently begun receiving Business Associate Agreements from healthcare entities, including hospitals, clinics, physician offices, public health facilities and similar types of organizations. Business Associate Agreements, a contract required under HIPAA and the HITECH Act, enable healthcare organizations to legally work with outside service providers. Read More »


Employment Law Blog: Minimum Necessary and the Breach Standard - April 22, 2014

When the new HITECH rules came out OCR specifically said, "...uses or disclosures that impermissibly involve more than the minimum necessary information...may qualify as breaches." But what exactly is the minimum necessary standard and how does an entity apply this in its day-to-day functioning and practice? Read More »


Employment Law Blog: OCR Announces the Results from it's Pilot Audit and it's Plans For Next Year - April 21, 2014

The Office of Civil Rights Audit Pilot Program has come to an end with 115 audits, primarily in person, having been completed. The Pilot Program had multiple revelations in privacy, some of which were probably, not so surprising. Of the primary issues Read More »


Employment Law Blog: HIPAA Impaired Providers and the ER - What Happens When Your Employee Becomes Your Patient? - April 18, 2014

I was speaking this week at IAHIMA's Annual Conference on the issues relating to HIPAA audits and recent updates from OCR and ONC. As part of my program we typically solicit questions prior to the presentation, most of which come in by email. One of these questions impacts upon both HIPAA and Employment law and is something that crops up fairly consistently. Read More »


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