Archives of Newsletter Articles

HHS RELEASES BULLETIN ON TRACKING TECHNOLOGIES AND HIPAA

On December 1, 2022, the U.S. Department of Health and Human Services (“HHS”) issued a bulletin regarding electronic tracking technologies and their interaction with the HIPAA Privacy, Security, and Breach Notification Rules (“HIPAA Rules”). The bulletin defines tracking technologies, acceptable and unacceptable uses, and outlines actions covered entities should take to ensure compliance.  Tracking technologies […]
3 years ago

NEW REQUIREMENTS FOR USING AN ASSUMED BUSINESS NAME IN NC

December 1, 2022, was the deadline for complying with North Carolina’s revised laws regarding assumed business names, as the 2017 Assumed Business Name Act went fully into effect. The revised set of laws established a public, searchable online database for all assumed business names across the state. Additionally, businesses can designate multiple counties in which […]
3 years ago

BATTLING EMPLOYEE BURNOUT: QUIET QUITTING AND THE GREAT RESIGNATION

Amongst lip-syncing clips and influencer tutorials, the idea of “Quiet Quitting” has recently become a major trend across social media. Quiet Quitting, which is considered a rebellion against “hustle culture,” encourages employees to avoid going above and beyond for their employers and to stick to the bare minimum of their job duties. This trend arises […]
3 years ago

EEOC RELEASES UPDATED “KNOW YOUR RIGHTS” POSTER

On October 20, 2022, the Equal Employment Opportunity Commission (“EEOC”) released a new “Know Your Rights: Workplace Discrimination is Illegal” poster, replacing their “EEO is the Law” poster. The new poster includes several changes, including straightforward language and formatting, emphasizing harassment as a form of discrimination, clarifying the definition of sex discrimination, and providing equal […]
3 years ago

GENDER DYSPHORIA NOW PROTECTED UNDER ADA

While the issue of accommodating transgender people is not a new topic – think Orange is the New Black – on August 16, 2022, the Fourth Circuit became the first federal appellate court to consider whether gender dysphoria constitutes a disability under the ADA, and therefore requires reasonable accommodation. In Williams v. Kincaid, the Court […]
3 years ago

KEEPING UP WITH OCR’S RIGHT OF ACCESS INITIATIVE

The U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) is cracking down on HIPAA Right of Access violations. After OCR announced the completion of three investigations in its HIPAA Right of Access Initiative, the total number of enforcement actions have risen to 20 this year alone, and 41 since the […]
3 years ago

HUMAN RESOURCE CONSULTING FROM GARDNER SKELTON

Speaking of our employment team, Gardner Skelton is excited to announce a new service that we believe will be extraordinarily helpful to our employer clients, while also much more moderately priced than attorney advice. Please meet our new team member, Alissa Graney. Alissa has joined our team as an HR Consultant focused on helping our […]
3 years ago

THE PITFALLS OF IGNORING A SEXUAL HARASSMENT COMPLAINT

Step lively when an employee complains of sexual harassment, especially when your own policies require it. Less than urgent action could strip an employer of the very important “Faragher-Ellerth” defense, an essential component of which is that the employer exercised reasonable care to prevent and promptly correct harassing behavior. In a case out of a […]
3 years ago

EMPLOYING THE CLASS OF 2022: TIPS FOR HIRING “ZOOMERS”

Known as the “Zoomers,” “Gen Z,” and the “Class of COVID-19,” the members of the Class of 2022 have turned their tassels and are finally entering the workforce. According to the National Association of Colleges and Employers (NACE), employers plan to hire nearly 32% more college graduates in 2022 than in 2021. Additionally, the Bureau […]
3 years ago