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 … disclosure of resident information
By
John Durso
Aug 06, 2016
I trusted my software vendor but wound up having some resident personal information made available to the public. If a resident pursues a claim against us, can we seek damages from the vendor? What is...
Ask the Legal Expert about … candidates’ credit reports
By
John Durso
Jun 06, 2016
Can I factor a credit report check on a potential director of nursing into our hiring decision?
Ask the Legal Expert about … transgender employees
By
John Durso
May 04, 2016
There’s a CNA in our building who is transitioning from male to female. We suspect this will make some residents uncomfortable. What should we do?
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 about… defamation
By
John Durso
Feb 04, 2016
A former resident’s family member is bad-mouthing us on social media and in the press. While it is likely driven by grief, most of the information is false. What can we do? What should we not do?
Ask the Legal Expert about… EEOC lawsuits
Dec 04, 2015
We fired a CNA for poor work habits. Period. Now, however, she’s suing and claiming discrimination because some coworkers apparently made a few wisecracks about her and her religion. We fear an EEOC...
Ask the Legal Expert about… NLRB rules
By
John Durso
Nov 05, 2015
Will the new National Labor Relations Board rules change the definition of manager or turn operators into co-employers with staffing agencies?
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 … about non-competition agreements
By
John Durso
Aug 05, 2015
We are tired of having our top nurses poached by other skilled care providers in the area. Can we hire new nurses under a non-compete clause?