Some of our staff are super-diligent and work right through lunch breaks sometimes. Can we get in trouble with OSHA or other regulators if we stress to them to take their breaks but they still don’t?
Ask the Legal Expert about … sexual harassment investigation
By
John Durso
Aug 09, 2018
Our executive director has been accused of sexual harassment by a mid-level manager. How should we investigate this properly?
Ask the Legal Expert about … employees working ‘off the clock’
By
John Durso
Dec 06, 2016
With the new overtime pay regulations, how do we insulate ourselves from problems if we have diligent workers who might work “off the clock?”
Ask the Legal Expert… about relationships between residents
By
John Durso
Sep 04, 2015
Family members are threatening to sue because their mother is carrying on a believed-to-be-sexual relationship with a gentleman who also lives at our facility. What’s our recourse?
Ask the legal expert
By
John Durso
Apr 01, 2008
The raiding of resident trust funds and theft of insurance checks by staff are perhaps the two most significant fraud/embezzlement problems in long-term care. What is your advice for guarding against them?
Ask the Legal Expert about … marketing/sales ideas
By
John Durso
Apr 04, 2016
A nearby competitor is ripping off our marketing slogans and copying some of our other sales ideas. What can we do?
Ask the legal expert: how to defeat an attempt to unionize employees
By
John Durso
Jun 01, 2009
John Durso, Esq. Ungaretti & Harris LLP
Ask the legal expert: How do you suggest we handle powers of attorney executed by our residents?
By
John Durso
Sep 01, 2021
How do you suggest we handle powers of attorney executed by our residents? Who should gather the powers of attorney and where should they be stored? How should we follow them to avoid liability?
Ask the legal expert: Can we stop a local paper from writing about soon-to-be-proven false accusations?
By
John Durso
May 01, 2020
A local newspaper wrote an article about how a disgruntled family member of a recently deceased resident is suing us. Readers may infer poor care from the article. Can we stop the paper from writing these...
Ask the legal expert: How can we make sure certain staff aren’t getting overzealous in a quest...
By
John Durso
Oct 18, 2019
We have been accused of admitting residents who do not really need skilled care. As a non-clinician in charge of making sure we are not defrauding the government, how can I/we make sure certain staff are...