All Employee Medical Information Isn’t Protected by HIPAA

HR Bartender

Regardless of your political views, I think it’s safe to say that the U.S. I’m not here to tell anyone how they should feel about the Affordable Care Act (ACA). Meanwhile, I received the Foley & Lardner LLP newsletter and it included an article from our friend Mark Neuberger on the Health Insurance Portability and Accountability Act (HIPAA). I thought the information was timely, so asked him if he would share his knowledge with us.

NLRB judge strikes down termination based on HIPAA violation

Ohio Employer's Law

HIPAA. Five letters that strike fear into the heart of anyone that handles employee medical information. That is, anyone except an NLRB judge passing judgment on whether an employer was justified in firing a union-supporting employee for clear HIPAA violations. The judge concluded that the employee’s HIPAA violation did not strip her of the Act’s protection. HIPAA isn’t the only law that mandates the confidentiality of medical information.

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7 Modules Your Compliance Training Resources Must Include

Kitaboo

Compliance training is usually a part of every employee’s initial training process. Compliance training resources and modules generally consist of a long list of code of conduct which includes topics such as anti-harassment, bribery, FCPA (Foreign Corrupt Practice Act), protection of company data, client interactions, usage of company property and data security, etc. Are your Compliance Training Resources Effective? How to Deliver Compliance Training?

Are Your Employment Law Policies in Compliance?

HR Counselor's Corner

Performing the assessment will not only help you measure risk and legal compliance, but also identify areas in need of process improvements – all of which could threaten the continued success of your business. . Hiring practices are standardized and consistent to avoid claims of discrimination. Employees are properly classified as Exempt or Non-Exempt from the overtime requirements of the Fair Labor Standards Act (FLSA).

That time Justin Bieber’s “L’il Biebers” caused a sex discrimination lawsuit

Ohio Employer's Law

File this one under the category of I can’t make this stuff up. Apparently, Justin Bieber’s testicles are at the center of a recently filed sex discrimination lawsuit. Rosenberg tells Billboard that his client Kelly Lombardo, a former staffer at Northwell, was fired over accusations that she illegally accessed Bieber’s medical file during the May 18, 2017 visit. On the day in question … Lombardo heard a rumor that Bieber was in for a sexually transmitted infection.

7 Modules Your Compliance Training Resources Must Include

Kitaboo

Compliance training is usually a part of every employee’s initial training process. Are your Compliance Training Resources Effective? Earlier, in-house training specialists used to undertake the task of delivering training or companies would hire a professional trainer to deliver compliance training. Employees quickly glance through them and go for the start test button. How to Deliver Compliance Training? HIPAA.

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What is ERISA?

HR Daily Advisor

ERISA stands for the Employee Retirement Income Security Act of 1974. In short, this is the federal law that creates standards for retirement, health, and pension plans. Even though such plans are typically set up privately, employers that opt to offer them have an obligation to meet the requirements under ERISA when implementing their plans. The Act advises when employees must be allowed to join the plan. Compensation benefits COBRA ERISA HIPAA

Talking about an employee’s medical condition

OmegaHR Solutions

My friend Jeff Nowak, a legal expert on FMLA, tells the story of an employee who took FMLA time for a genito-urinary tract condition. Naturally to take this time the employee had to complete paperwork regarding the condition. He was granted the time off. But, back at the office someone revealed his condition to eight fellow employees in the meeting. The court agreed with him, much to the chagrin of the employer. The lesson.

Why You Should Keep Track of Employee Training

Insperity

What can tracking your employees’ training do for your human resources strategy? It keeps your workers in compliance with state or industry regulations and puts them on track for advancement so that your business can stay current with prevailing trends and maintain a workforce that is engaged and ready for the future. Continuing education (CE) is required within many fields for workers to stay up-to-date on new technologies, skills and developments within the industry.

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Employer compliance must-do’s for every small business

Genesis HR Solutions

However, compliance is no simple matter—keeping up with the latest federal and state business laws is much easier said than done. From COBRA and HIPAA to the ACA, it can be hard to navigate through the alphabet soup to ensure employer compliance with regulations. Employer compliance means following the laws and regulations that are required to govern business. Check out this employer HIPAA compliance checklist to ensure compliance.).

Asian-American Entrepreneurs Facing Hate – “Break the silence.” An interview with Jeanie Chang.

Thrive Global

Today I had the opportunity to interview Jeanie Y. Chang is the founder of her own interdisciplinary practice, Your Change Provider, PLLC ® , which promotes healthy emotionality through the intersectionalities of identity, mindfulness, resilience, and mental health. Can you tell us a bit more about the kind of work you do? The nature of my work is a challenge in itself! There’s definitely more discrimination and I hear it directly from my Asian American clients.

People Analytics and AI in the Workplace: Four Dimensions of Trust

Analytics in HR

AI and People Analytics have taken off. As I’ve written about in the past , the workplace has become a highly instrumented place. In the early days of HR analytics, companies captured employee data to measure span of control, the distribution of performance ratings, succession pipeline, and other talent-related topics. While I know HR professionals take the job of ethics and safety seriously, I’d like to point out some ethical issues we need to consider.

4 Ways to Kill Employee Trust

HRExecutive

A wide range of tools and technologies now in use by HR organizations around the world are collecting volumes of employee-related data. In this article, I will lay out the four dimensions of trust that comprise the ethical and fair use of employee-related data and analytics. As we bring in more and more data-collecting technology into the HR function, data privacy must be an area of focus for HR leaders. The sister of privacy is security.

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HR Tech Weekly: Episode #266: Stacey Harris and John Sumser

HR Examiner

Topics: John and Stacey discuss how the coronavirus pandemic is reshaping working norms, Ascentis Announces Touch-Free Time Clocks with Temperature Reading Capabilities, and Cornerstone OnDemand taps former Saba chief Phil Saunders to serve as new CEO of combined company.

A return-to-work process after an extended employee absence

Insperity

The return to work can be a significant transition for your employees who have been out of the office for weeks to months. You’ll have to help them reacclimate to the workplace as smoothly and quickly as possible. Overview of the return-to-work process.

Compliance Checklist: Federal Employment Laws You Need To Know At Every Stage Of Your Company’s Growth

Zenefits

Employers may only hire those who can legally work in the United States and must maintain up-to-date I-9 forms for all employees. Employers must withhold and pay the federal government a set percentage of employee wages for the federal government. Employers must withhold and pay the federal government a set percentage of employee wages for Social Security and Medicare. Employers must pay male and female employees the same wage for the same job.

Workplace wellness programs: Worth the investment?

Insperity

The benefits of helping employees achieve better health can seem nebulous, and much of the research following such programs doesn’t show a profoundly positive return on investment. Research over the years has offered conflicting reports on whether wellness programs actually reduce insurance and workers’ compensation claims. It can impact the way they interact with your customers. Help them get the most from your program by reminding them of its features and incentives.

Taking the Guess Work out of Your HR Decisions

Effortless HR

As I built the EffortlessHR platform – a Human Resource Information System – I kept being asked several questions: Why do I need to …. What this really told me was that most companies without a HR Department had no idea how the number of their employees impact which law/regulation they needed to follow and understand. Federal Income Tax Withholding – Employers must withhold and pay the federal government a set percentage of employee wages for the federal government.

3 proven ways PEOs keep your business momentum going strong

Insperity

Having time to focus on the vital revenue-generating responsibilities of running your business can seem like a never ending challenge. It’s easy to get lost in the day-to-day administrative tasks that it takes to keep your business running and lose sight of your moneymaking initiatives. Here are three ways a PEO can help keep you from getting side-tracked and support you in making your business the best it can be. Do you know how the Fair Labor Standards Act affects you?

“Establish a security program”, With Jason Remillard and Stuart Lerner

Thrive Global

Encrypt everything so that in the event your data is stolen, it can’t be read. Since users are the weakest link in the information security chain, phishing tests are extremely important. I played many sports growing up and learned the importance of teamwork at an early age.

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WIRTW #410 (the “odd jobs” edition)

Ohio Employer's Law

What is the oddest job in America? It might be the folks who blur to the naughty bits on Discovery Channel’s Naked and Afraid. From The Seattle Times : “This is a totally weird work environment,” said Shaun O’Steen, the 45-year-old leader of the team, which calls itself the Blur Man Group. “I Here’s what else I read this week: Discrimination Does Talent Selection Tech Pose Discrimination Risks? — What We Can Learn From the U.S.

HR Tech Weekly: Episode #271: Stacey Harris and John Sumser

HR Examiner

Topics: The Supreme Court says federal law protects LGBTQ workers from discrimination and 20/20 GeneSystems to Make Available Newly FDA Authorized COVID-19 Antibody Tests to U.S. Supreme Court says federal law protects LGBTQ workers from discrimination Link ».

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It’s the last thing you want to hear at your employee-client’s deposition

The Employer Handbook

Yesterday, at approximately 5:18 PM EDT, all of the associates at my law firm received the same email. “ You will learn something from him nearly every day of the week,” wrote my partner. How do you prove race discrimination? Plaintiff Linda Diane Cobb filed a race discrimination lawsuit against the State of Tennessee. For example… the two co-workers were allegedly allowed to switch desks whenever they wanted, but Ms.

Which Employer Mandates Are on Trump’s Chopping Block?

HR Daily Advisor

Employers can expect some relief from federal requirements under the Trump administration, especially those put in place under President Obama. New pay reporting requirements and the overtime rules almost certainly are doomed, as are new requirements for contractors, attorneys from Fortney & Scott predicted during a recent webinar. Republicans’ 52–48 position in the Senate also bodes well for Trump’s nominees. Puzder’s reach also may go beyond the U.S.

WIRTW #449 (the “do-over” edition)

Ohio Employer's Law

Whether you are left or right, blue or red, liberal or conservative, Democrat or Republican, it’s hard to argue that the first 28 days of POTUS 45 have been anything other than a dumpster fire. It culminated over the past 48 hours with Trump’s bizarre press conference , and withdrawal of his nominee for Labor Secretary, Andy Puzder. He nominated someone eminently qualified to run the Department of Labor. Alexander Acosta will become the next Secretary of Labor.

WIRTW #453 (the “Oxford comma” edition)

Ohio Employer's Law

Who knew that the l’il ol’ Oxford comma was so controversial? I would have never dreamed that yesterday’s post on the importance of its omission in a wage/statute would generate so much feedback, or that people feel so passionately about its use or non-use. To gauge exactly how you feel about the Oxford comma, I’ve designed a quick, one-question survey. Take a moment, and click “yes” or “no” on whether one should use the Oxford comma when writing.