Tag: confidentiality

Complex laws around healthcare employees get more complicated

Employers have seen an enormous number of changes recently to various rules about how they manage their employee base. This includes a notice of proposed rulemaking by the Federal Trade Commission (FTC) in late 2023, sweeping memoranda from the National Labor Relations Board (NLRB), and final rules from the NLRB on joint employment. All of this is […]

NLRB Narrows Permissible Terms in Severance Agreements

A recent National Labor Relations Board (NLRB) ruling determined that including certain nondisparagement and confidentiality provisions in severance agreements violates the National Labor Relations Act (NLRA). Facts McLaren Macomb Hospital permanently furloughed 11 employees and contemporaneously presented them each with a “Severance Agreement, Waiver and Release.” The agreement contained provisions that broadly prohibited them from […]

NLRB Challenges Overly Broad Confidentiality and Nondisparagement Provisions in Severance Agreements

Recently, the National Labor Relations Board (NLRB) issued an important decision in which it ruled that employers that offer severance agreements to employees with broad nondisparagement or confidentiality provisions violate Section 8(a)(1) of the National Labor Relations Act (NLRA). What do employers need to know about this recent development in labor law? Background Section 7 of the […]

Effectively Leveraging the Attorney-Client Privilege

HR professionals routinely use legal counsel to obtain advice on compliance issues, risk mitigation, and many other legal issues. Whether it arises in the context of a one-off accommodation question or a months-long harassment investigation, the attorney-client privilege is a vital tool for protecting confidential communications between legal counsel and HR professionals. The attorney-client privilege […]

DOL Explains Expanding FMLA Leave to Care for Mental Health Conditions

We’ve all heard about the Family and Medical Leave Act (FMLA) when it comes to expectant mothers or for recovery from serious physical health conditions, such as heart attacks or surgeries. The application of FMLA protection for mental health conditions is more nuanced, however. Mental health conditions are increasing worldwide. According to the World Health […]

Appellate Division Upholds Employer Requests, Not Commands, to Keep Probes Confidential

An investigator’s request for confidentiality in a discrimination or harassment probe is valid and doesn’t violate an employee’s right to free speech or the New Jersey Law Against Discrimination (NJLAD), the Appellate Division recently ruled. In the February 28 decision, the court rejected a former employee’s attempt to invalidate a state Civil Service Commission (CSC) […]

COVID-19

Helpful Summary of EEOC’s New COVID-19 Guidance

The Equal Employment Opportunity Commission (EEOC) recently released updated guidance for both employers and employees addressing common questions related to COVID-19 and the federal employment laws. The update pulled together information from other agency resources, modified two existing questions and answers, and added 18 new ones. Read on to learn the key takeaways for employers […]

NLRB

NLRB’s Year-End Decisions Help Employers Start the New Decade Off Right

It was a winning season for businesses, with employers garnering some big victories at the National Labor Relations Board (NLRB) to round out 2019. In October, the Board released a decision enhancing employee privacy during union drives, which would have been a strange way to end the year for what is considered a pretty employer-friendly […]

sexual harassment

TCJA Creates Catch-22 for Sexual Harassment Settlements

One of the primary concerns addressed through the #MeToo movement is that claims of sexual harassment in the workplace are often settled discreetly and without scrutiny. For years, employers have resolved sexual harassment claims with a settlement payout in exchange for a general release of the company from all liability. The terms of the settlement […]

HIPAA

Connecticut High Court Reinforces HIPAA as Standard of Care

The Connecticut Supreme Court reinforced an earlier ruling on Health Insurance Portability and Accountability Act (HIPAA) privacy as a standard of care in a second opinion in Byrne v. Avery Center for Obstetrics and Gynecology PC, SC 19873 (Conn., Jan. 16, 2018).