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In a recent statement, HHS announced that enforcement under the recently HIPAA privacy rule will become tougher. The tougher enforcement of HIPAA is expected to result from both breach complaint investigations, as well as random audits of providers. The recently released final privacy rule expands the reach of the security and privacy rules. The rule Read more →

The United States Labor Department (DOL) recently responded to a Freedom of Information Act request for documents relating to its enforcement of Section 7 of the Fair Labor Standards Act (FLSA) and it showed active enforcement. This provision of FLSA requires covered employers to provide a reasonable break time and place, other than a bathroom, Read more →

In Sims v. MVM, Inc., No. 11-14481, 2013 U.S. App. LEXIS 1130 (11t Cir. Jan. 17, 2013), the Eleventh Circuit court of Appeals considered the causation standard for proving cat’s paw liability under the Age Discrimination in Employment Act (ADEA). The Court held that the proximate causation standard announced by the Supreme Court in Staub Read more →

Medical practitioners and their business associates should be aware of the potential HIPAA privacy and security liability posed by their digital copying equipment. An investigative report by CBS News revealed that nearly every printer, copier, scanner and telefax machine built since 2002 contains hard drives that capture images of every document processed. To demonstrate how Read more →

Is veganism a religious belief under Title VII of the Civil Rights Act of 1964?  Based on a recent order from a United States District Court in Ohio, the answer is possibly yes.   In Chenzira v. Cincinnati Children’s Hosp. Med. Ctr.,[1] the Plaintiff’s federal and state religious discrimination claims withstood the Defendant’s 12(b)(6) Motion to Read more →