Click here for the full article that appeared on Jackson Lewis’ website this week.

Ana C. Shields
Ana C. Shields is the co-leader of the firm’s Employment Litigation practice group nationally, serves on the firm’s Board of Directors and is the Office Managing Principal of the firm's office in Melville, New York.
As a management side defense litigator, Ana exclusively represents employers and management with respect to claims of harassment, discrimination, retaliation and other alleged violations of labor and employment laws before federal and state courts, Arbitrators, and administrative agencies.
In addition to her significant litigation practice, Ana frequently is retained by management to conduct high level independent investigations of alleged workplace harassment by c-suite or senior level executives.
DOJ Barrier-Free Health Care Initiative Picking Up Steam
Written by Joseph J. Lynett.
The U.S. Department of Justice (DOJ), as part of its Barrier-Free Health Care Initiative, announced it has reached multiple settlements with health care providers concerning access to services for persons who are deaf. These include a hospital, rehabilitation centers, an ear, nose and throat practice, and a sports…
Union Information Requests: Is Nothing Sacred?
Unionized healthcare employers may be interested in a recent post on the Jackson Lewis LLP Unions & Labor Law Reform Blog addressing union information requests in the hospital setting. Click here for more information.
New York’s Highest Court To Say Whether Medical Practice Can Be Sued For Wrongful Texts By Non-Physician Employee
The following note from our colleagues at the Jackson Lewis LLP Workplace Privacy, Data Management & Security Report may be of particular interest to healthcare employers. Click here to be transferred directly to the link.
Health Care Industry Group Testifies at Congressional Hearing on Shortage of Healthcare Workers
On March 14, 2013, a member of the American Health Care Association (AHCA) testified before the House Education and Workforce Committee’s subcommittee on Workforce Protections hearing on the critical shortages of mid-level caregivers in the nation’s skilled nursing centers and its impact on the economy. Click here for more information from Jackson Lewis’ Immigration Blog.
Deceptive Home Health Aides Not Entitled to Reinstatement, Federal Court Rules
Home health aides who deceived their employer about their intention to strike created a reasonably foreseeable risk of imminent danger to their patients and were not entitled to be reinstated to their original patients and schedules after they were given new assignments following the strike, the U.S. Court of Appeals for the Second Circuit has…
Facebook Photos Reveal Employee Dishonesty, Termination of RN on FMLA Leave by Medical Center Proper
An RN on FMLA leave lawfully was discharged from her position at Detroit Medical Center when her employer discovered she had misrepresented her alleged medical condition in her FMLA leave request, a federal district court has determined. Lineberry v. Detroit Medical Center, et al., Case No. 11-13752 (E.D. Mich., S.D. Feb. 5, 2013). Although…
U.S. Department of Labor Wage and Hour Division Recoups $2.1 Million Dollars For Residential Care Workers.
The U.S. Department of Labor reportedly has recouped $2.1 million dollars in back wages as a result of an ongoing enforcement initiative which, to date, involved investigation of 200 residential care facilities within the jurisdiction of its North Carolina District Office. The DOL reported finding “widespread violations” of the Fair Labor Standards Act minimum wage…
Health Care Providers May Disclose PHI to Avert Threats to Health and Safety, HHS Letter Confirms
Our colleague at the Workplace Privacy Blog has reported that health care providers may disclose private health information to avert threats to health and safety. For details, click here.
Idaho Health Care Provider Fined for Lack of HIPAA Risk Assessment
Our colleague at the Workplace Privacy Blog has reported that a health care provider in Idaho (a HIPAA-covered entity) was fined for not conducting a required risk assessment. For details, click here.