Articles and Blogs

In August 2022, in this post, we alerted Michigan employers defending wrongful discharge claims in violation of public policy that internal, as well as external complaints, will suffice to support such claims. In facts stemming from the same case (after remand from the Michigan Supreme Court), Michigan employers should also recognize that wrongful discharge... READ MORE

The Department of Labor’s Wage and Hour Division (the “WHD”) recently issued a new opinion letter on February 9, 2023 – the first opinion letter issued that addresses a question related to the FMLA since 2020. This opinion letter addresses the question of whether an eligible employee with a serious health condition that requires... READ MORE

The U.S. Department of Health and Human Services Office of Inspector General (“OIG”) recently announced that it coordinated with law enforcement partners in launching a multi-state enforcement action dedicated to uncovering a massive fraudulent nursing diploma scheme. Referred to as Operation Nightingale, it has exposed an alleged scheme involving the sale of fake and... READ MORE

*Revised on August 9, 2023 On Monday, August 7, the Equal Employment Opportunity Commission (“EEOC”) issued proposed regulations for the Pregnant Workers Fairness Act (“PWFA”), which will be found here on August 11. Once published, public comment is invited for 60 days. While the regulations could change before being finalized, employers are encouraged to... READ MORE

On January 5, 2023, the U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) issued a notice of proposed rulemaking (“NPRM”) setting forth a proposed rule implementing various statutes that provide protections for health care providers and facilities who may have conscientious objections to certain forms of health care, such as... READ MORE

The Centers for Medicare and Medicaid Services (“CMS”) published a recent Memo reminding hospitals and other Medicare certified health care entities of their regulatory obligation to maintain a safe setting for patients, residents and staff. CMS’s action comes at a time when violence in health care settings is on the rise. Although the Memo... READ MORE

President Joe Biden is being asked to sign legislation passed recently by Congress that would make certain nondisclosure and nondisparagement clauses unenforceable. Specifically, the Speak Out Act  (“the Act”), once signed, will make pre-dispute nondisclosure and nondisparagement clauses unenforceable with respect to sexual assault or sexual harassment disputes where the conduct is alleged to... READ MORE

Recently, Simon et al, v. Healthsouth of Sarasota Limited Partnership, et al, the Eleventh Circuit held that for a plaintiff to qualify as engaging in “protected activity,” the plaintiff must demonstrate that they had both a subjectively reasonable belief of fraud and an objectively reasonable belief of fraud. Background The plaintiff in this action... READ MORE

On August 18, 2022, the U.S. Department of Homeland Security (“DHS”) issued a notice of proposed rulemaking allowing for optional alternative procedures for the examination of documents required by the Form I-9 Employment Eligibility Verification. Currently, to complete the Form I-9, employers must physically examine documentation presented by new employees within three business days... READ MORE

Earlier this summer the U.S. Department of Health and Human Services Office of Civil Rights (“OCR”) released new guidance (“Guidance”) directed at retail pharmacies that details obligations to ensure comprehensive and nondiscriminatory access to reproductive health care services. This Guidance comes on the heels of a slew of recent legal changes, namely the Dobbs... READ MORE