Ask the legal expert: How much harassment is too much, so that we could or should discipline an employee...
By
John Durso
Nov 14, 2019
How much harassment is too much, so that we could or should discipline an employee in a position of power? There are federal and state laws that prohibit discrimination against protected categories, such...
Ask the legal expert: Can we limit disclosures that breach our privacy policy?
By
John Durso
Sep 01, 2020
We tell our employees that they may not speak to the media about our infection rates (including COVID-19 rates) or other caregiving or sensitive matters. This would include disclosing health information...
Ask the legal expert … about protections for pregnant workers
By
Norris Cunningham
Apr 12, 2024
I read about a new federal law to protect pregnant workers. Are existing protections in discrimination law not good enough?
Ask the legal expert … about disputed citations
By
Norris Cunningham
Mar 06, 2023
Q: CMS has a new policy of publishing citations against nursing homes during appeals. Why would they include non-final citations?
Ask the legal expert … about the Talevski case
By
Norris Cunningham
Sep 12, 2023
Why is everyone so concerned about the Supreme Court case allowing resident rights cases against state-operated facilities?
Ask The Legal Expert
By
John Durso
Aug 01, 2019
We want to make sure our staff is fully connected by text for scheduling and other updates. Can we make employee use of personal phones a condition of employment? How do we respect privacy issues...
Ask the legal expert about PHE waivers
By
Norris Cunningham
Dec 05, 2022
Doesn’t the lifting of nurse aide training waivers put facilities back to square one in their efforts to overcome serious staffing issues?
Ask the Legal Expert
By
John Durso
Sep 06, 2019
A nurse manager had her laptop stolen. The police found it abandoned within a day. There is no indication that they accessed or used the laptop. Do we have an obligation to notify patients whose records...
Ask the legal expert: What form of proof must an employee provide when claiming a religious exemption...
By
Norris Cunningham
Oct 01, 2021
What form of proof must an employee provide when claiming a religious exemption from an employer’s Covid-19 vaccination mandate?
Ask the legal expert: Can an entertainer threaten to sue for breach of contract for canceled performance?
By
John Durso
Dec 01, 2020
Perhaps against better judgment, we gave a guitarist/singer second and third chances to entertain our residents on a contracted basis. Twice this performer has canceled at the last minute, leaving us high...