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HR Defense

Is it Time to Prioritize Making Websites and Mobile Apps Accessible?

By Karen M. Buesing

November 18, 2019

Companies should take steps to ensure that their websites and mobile apps are accessible to persons who are blind or vision impaired, based on the Supreme Court’s recent refusal to review an appellate court decision that allowed a blind man to sue a national pizza chain under the Americans with Disabilities Act.…

HR Defense

NLRB Clarifies Standard for Reviewing Workplace Policies, Finds Confidentiality and Media Contact Policies Lawful

November 4, 2019

Applying its new standard for determining whether employer policies violate the National Labor Relations Act (NLRA), a divided National Labor Relations Board (Board) upheld policies prohibiting employee disclosure of client and vendor information and contact with the media. The Board’s decision provides additional guidance about their new, employer-friendly standard of review. Section 7 of the NLRA guarantees employees the right to organize, to form, join, or assist labor unions, and to engage in “concerted activity”…

Marks, Works, and Secrets

Lucky Opening Brief on Cert.: Second Circuit’s Novel “Defense Preclusion” Rule Turns a Blind Eye on Bedrock Preclusion Principles

October 29, 2019

In June 2019, the United States Supreme Court granted certiorari in Lucky Brand Dungarees Inc., et al. v. Marcel Fashion Group Inc., No. 18-1086. As set forth in our prior blog posts, Lucky Brand Dungarees Inc. and related companies (collectively, “Lucky”) seek a reversal of the Second Circuit Court of Appeal’s ruling that Lucky was precluded by res judicata from asserting a release agreement defense, which was not previously litigated or resolved between Lucky and…

Health Law Rx

FTC Investigating the Competitive Effects of Certificates of Public Advantage

By James M. Burns

October 28, 2019

The Federal Trade Commission has issued orders to five health insurers and two health systems requiring them to provide information that will assist the FTC in studying the competitive effects of certificates of public advantage (COPAs) with respect to prices, quality, access and innovation in healthcare. The orders were sent on October 21 to Aetna, Anthem, Blue Cross Blue Shield of Tennessee, Cigna, United Healthcare, Ballad Health and Cabell Huntington Hospital. COPAs are state laws…

HR Defense

Halloween Parties Can Leave Employers “Haunted” By Discrimination

By Cecilia Ehresman

October 28, 2019

The last week of October can result in “double, double toil, and trouble” for employers. While workplace Halloween festivities may boost employee morale, they can also result in employer liability for discrimination and harassment in the workplace in violation of Title VII of the Civil Rights Act of 1964 and applicable state and local laws. To protect against this potential exposure to liability, employers must put the right ingredients into the caldron before they allow…

Health Law Rx

Direct Patient Billing Can Create Provider Liability in Florida

By William J. Spratt, Jr.

October 21, 2019

To bill or not to bill, that is the question. Or, more appropriately, who to bill and when to bill, that is the question. Providers who bill patients under the circumstances described below may face liability. What is a provider to do? A patient was injured in the course of her employment in December 2013 and applied for workers’ compensation benefits. As part of her treatment for her injury under workers compensation, she had a…

HR Defense

Hot Tip: End May Be Near for 80/20 Rule!

October 14, 2019

Employers in the hospitality and restaurant industry are poised for celebration: the Department of Labor (DOL) has proposed eliminating a rule that requires tracking the time tipped employees devote to non-tip producing activities when counting employees’ tips toward the employer’s minimum wage obligations. The DOL has taken the position that employers cannot claim a tip credit if a tipped employee spends more than 20% of his or her time “performing preparation work or maintenance,” a…

Health Law Rx

Addressing Acute Mental Health Concerns: Parkland’s Legacy – Florida’s Red Flag Law

By Kirk S. Davis

October 10, 2019

We are all too aware of the horrors of the Parkland shooting. In response to that awful day, the Florida Legislature enacted Florida Statute Section 790.401 in 2018, “the Marjory Stoneman Douglas High School Safety Act.” Part of this new law is the “red flag” provision which allows courts to proactively remove firearms from individuals who pose a significant danger to themselves or others upon proper petitions by law enforcement agencies. (Called Risk Protection Orders…

HR Defense

Does the ADA Protect Employees from Discrimination Based on Potential Future Disabilities?

By Brittany Buccellato

October 8, 2019

The Americans with Disabilities Act (ADA) does not protect employees from discrimination based on potential future disabilities, according to a recent ruling by the 11th Circuit Court of Appeals, which covers Florida, Georgia, and Alabama. However, employers in other parts of the country should be more cautious. For example, federal courts in Illinois reached the opposite conclusion holding that an employee may be protected from discrimination based on potential disabilities. Additionally, recent amendments to the…

Health Law Rx

Healthcare Provider’s Yelp Response Results in $10,000 fine for HIPAA violation

By Elizabeth F. Hodge

October 8, 2019

The latest HIPAA resolution agreement by the U.S. Department of Health and Human Services Office for Civil Rights (OCR) is a reminder that healthcare providers must take the high road when responding to unflattering online reviews by patients. While it is tempting to respond to a bad and perhaps untrue online review, healthcare providers need to take care to not disclose patient protected health information (PHI) when defending their reputation. A Texas dental practice agreed…

Akerman LLP

Akerman LLP Blogs

Blog Authors

Is it Time to Prioritize Making Websites and Mobile Apps Accessible?

NLRB Clarifies Standard for Reviewing Workplace Policies, Finds Confidentiality and Media Contact Policies Lawful

Lucky Opening Brief on Cert.: Second Circuit’s Novel “Defense Preclusion” Rule Turns a Blind Eye on Bedrock Preclusion Principles

FTC Investigating the Competitive Effects of Certificates of Public Advantage

Halloween Parties Can Leave Employers “Haunted” By Discrimination

Direct Patient Billing Can Create Provider Liability in Florida

Hot Tip: End May Be Near for 80/20 Rule!

Addressing Acute Mental Health Concerns: Parkland’s Legacy – Florida’s Red Flag Law

Does the ADA Protect Employees from Discrimination Based on Potential Future Disabilities?

Healthcare Provider’s Yelp Response Results in $10,000 fine for HIPAA violation

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