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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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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 »


Employment Law Blog: The NLRB Weighs in Again on Civility - Civility Loses - April 14, 2014

A lot of people are available to tell you how to best utilize social media, Twitter, Facebook, LinkedIn and other platforms to promote your brand, to promote yourself or even just the best way to share pictures of your cats. However, I typically spend most of my time wondering how to manage the explosion of social media comments and postings when they negatively impact upon the workplace. Read More »


Employment Law Blog: Severance Agreements - Clarity and Simplicity Are Best - March 10, 2014

On February 7, 2014, the Equal Employment Opportunity Commission (EEOC) in Chicago brought suit against CVS Pharmacy alleging that the company's severance agreements for employees interfered with those employees' civil rights, including prohibiting the employees from filing EEOC charges where appropriate. Read More »


Employment Law Blog: To Reference or Not to Reference? - That is Almost Always the Question - March 6, 2014

The area of providing a reference for prior employees can be a mine field for employers. There is a wide array of conflicting requirements, thought processes and goals whenever we talk about references. Read More »


Employment Law Blog: Students, Employees and Assaults: Parallels Between Academic and Employer Requirements - March 5, 2014

Is it simply "human nature?" University of Iowa President Sally Mason is under scrutiny for her comments regarding a recent sexual assault reported to the university. Mason's remarks were interpreted by portions of the student body as a laissez-faire stance regarding sexual assault. Regardless of Mason's intention, it is this permissive perception that the federal Campus SaVE Act seeks to combat. Read More »


Employment Law Blog: Webinar - Federal Contractor Compliance Update: AAP Changes & Minimum Wage Issues - February 27, 2014

New regulations updating the affirmative action plan requirements for federal contractors go into effect on March 24, 2014. On Wednesday, March 12th, Davis Brown attorney Susan J. Freed will present a webinar Read More »


Employment Law Blog: President Obama Raises Minimum Wage for Federal Contractors - February 25, 2014

On February 12, 2014 President Obama signed Executive Order 13658 requiring federal contractors to pay a minimum rate of pay of $10.10 per hour. The new rate goes into effect for new contracts or "contract-like instruments" and replacement contracts entered into on or after January 1, 2015; however, the Order "strongly encourages" agencies to begin including the requirements in contracts entered into prior to January. Read More »


Employment Law Blog: Failure to Provide COBRA Notice May Not Result in Penalties - February 17, 2014

Occasionally employers who act as the plan sponsor of a group health plan discover that they have neglected to send a "COBRA notice" to an employee who has been terminated. Recent Federal Court decisions within the Eighth Circuit provide guidance on what to do when this oversight is discovered. Read More »


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