Archives of Newsletter Articles

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 […]

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 […]

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 […]

HIPAA IN THE POST-DOBBS ERA: OCR GUIDANCE FOR HEALTHCARE PROVIDERS

On June 24, 2022, the United States Supreme Court issued a decision in Dobbs v. Jackson Women’s Health Organization, overturning Roe v. Wade, essentially ceding to individual states wholesale authority to regulate abortion. As a response, the Department of Health and Human Services (HHS), Office of Human Rights (OCR) issued new guidance regarding the application […]

ARTIFICIAL INTELLIGENCE AND THE ADA: WHAT EMPLOYERS NEED TO KNOW

On May 12, 2022, the Equal Opportunity Employment Commission (“EEOC”) published guidance for employers using computer-based tools for employment decisions in compliance with the Americans with Disabilities Act (“ADA”). These tools may be used to screen applicant resumés, assess worker productivity, or determine pay and promotions, among other uses. Without certain safeguards, however, these tools […]

HHS ANNOUNCES AUDIO-ONLY TELEHEALTH IS ALLOWED UNDER HIPAA

In response to the pandemic, the U.S. Department of Health and Human Services (“HHS”) announced that its Office of Civil Rights (“OCR”) would use discretion in enforcing certain provisions of the HIPAA Privacy and Security Rules for providers using audio–visual methods and platforms to provide healthcare services via telehealth. As the pandemic shifts, the future […]

PREGNANCY DISCRIMINATION LAWSUIT

When the U.S. Equal Employment Opportunity Commission (“EEOC”) employs its scarce and precious resources to sue you, you might be in trouble. DLS Engineering Associates (“DLS”), a federal contractor, recently found itself in that predicament in the U.S. District Court for the Middle District of Florida. DLS offered a woman an engineering logistics analyst position, […]

WORKPLACE BIRTHDAY PARTY LEADS TO ADA VIOLATION

What could go wrong with throwing a surprise birthday party at the workplace? Apparently, a lot. In this case, it cost one Kentucky employer $450,000. Mr. Kevin Berling suffers from anxiety and panic attacks. Birthday parties were customary in the office, but Mr. Berling asked the office manager to forego throwing him a party because […]

ARE YOUR EMPLOYEES PROPERLY CLASSIFIED?

The most basic, and yet sometimes most important, question when bringing on workers is whether the worker will be classified as an employee or an independent contractor. Unfortunately, the answer is anything but simple because it depends. It is not only a question of what the worker’s particular factual scenario is, but also who is […]

BEWARE OF PAYROLL SOFTWARE HACKS!

Cyber-attacks are becoming more common as employers depend on new technology. Without the proper protections in place, employers could be faced with massive lawsuits. On December 11, 2021, Ultimate Kronos Group (UKG), a Florida-based HR management software company, discovered a ransomware attack on one of their cloud-based time and attendance systems. The hack resulted in […]