By Dana Stripling, J.D, Garlo Ward P.C. www.garloward.com Posted December 14, 2004 Supreme Court Looks the Other Way The U.S. Supreme Court has only a few employment law cases to address this term. And it recently declined to review a retirement benefits case that may be of interest to employers. The Supreme Court effectively let stand a Seventh Circuit decision holding that a company was not liable for failing to inform workers that lifetime retiree health benefits could be … [Read more...] about EMPLOYMENT LAW UPDATES: Supreme Court Declines to Review Retirement Benefits Case; Electronic I-9s; Employers’ Use of Investigators; and Veterans’ Issues

When is it Age Discrimination; Keeping Your Credibility; Final HIPAA Portability Requirements; New Tool for Conducting Background Checks By Dana Stripling, JD, Garlo Ward, P.C. www.garloward.com Posted Monday, April 5, 2005 WHEN IS IT AGE DISCRIMINATION EVEN WHEN YOU DON'T INTEND IT? The U.S. Supreme Court ruled this week for the first time that older workers can file "disparate impact" claims under the Age Discrimination in Employment Act (ADEA). Until the ruling on March 30, 2005, … [Read more...] about GARLO WARD EMPLOYMENT LAW UPDATE

By Dana Stripling, JD, Garlo Ward, P.C. www.garloward.com Posted August 25, 2004 FMLA Revisions Delayed Those who are grappling with the new FLSA rules may be relieved to hear that the Department of Labor has decided to delay publishing proposed revisions to the Family and Medical Leave Act rules until March 2005. EEO-1 Delayed, Too The EEOC had also planned on introducing changes this year to its EEO-1 form, the Employer Information Report. Now it looks like you'll have to wait … [Read more...] about Employment Law Update: Delays; New HIPAA FAQs; and the Workplace Rights of Epileptic Employees

RISE AND SHINE�AN HOUR EARLIER By Dana Stripling, JD, Garlo Ward, P.C. www.garloward.com Posted Monday, April 4, 2005 A practice first contemplated by Benjamin Franklin, Daylight Saving Time returns a week from Sunday on April 3rd. Unless you live in Hawaii, American Samoa, Guam, Puerto Rico, the Virgin Islands, most of the Eastern Time Zone portion of the State of Indiana, or the state of Arizona (except for the Navajo Indian Reservation), all clocks should be moved ahead one hour at … [Read more...] about GARLO WARD EMPLOYMENT LAW UPDATE

By Jerri Lynn Ward, J.D., Garlo Ward, P.C. www.garloward.com Posted November 9, 2004 For HCS and ICF-MR Programs In a recent article, Understanding the Anatomy of a Level of Need Appeal, I said that recourse beyond the administrative process was non-existent at worst and uncertain at best. We now have good news on that issue from the Texas Supreme Court. In September, the Texas Supreme Court ruled on a case involving the question of whether or not a person who holds a child-care … [Read more...] about Judicial Review for Level of Need Cases

By Dana K. Stripling, JD, Of Counsel, Garlo Ward P.C. www.garloward.com Posted April 22, 2004 Notification - or lack thereof - is a critical component of employee-based lawsuits. Notice to employees of your policies and procedures not only deters lawsuits, it helps you establish and maintain consistency in your own company's practices. And even if you end up in court, there is nothing more persuasive to a judge or jury than an employer's compliance with its own policies. Following are … [Read more...] about ARE YOU “IN THE KNOW”?

By Jerri Lynn Ward, JD, Of Counsel, Garlo Ward P.C. www.garloward.com Posted February 22, 2005 It was a time when reimbursements were cut to the bone, and when Providers were set upon by Regulators and Plaintiff's Personal Injury Lawyers. It was an age undreamed of� when out of Austin Texas a New Threat appeared! Let me tell you of the days when there appeared... Barbarians at your Door!!! The new Medicaid rules became final in January, 2005. The rules are … [Read more...] about Barbarians at Your Door: The New Medicaid Rules: Revisiting Confiscation of Original Documents

By Jerri Lynn Ward, J.D. and Daniel A. Graham Posted March 7, 2005 On December 8, 2003, the Medicare Prescription Drug, Improvement and Modernization Act of 2003 (MMA) was passed into law. In August 2004, the Centers for Medicare and Medicaid Services (CMS) published a set of proposed rules to implement the MMA. On January 28, CMS released a final set of rules with a few changes from the August, 2004 set. How do these new rules affect long term care facilities and nursing homes? … [Read more...] about What Do The Medicare Prescription Drug Rules Mean for You?

By Dana Stripling, JD, Garlo Ward, P.C. www.garloward.com Posted May 12, 2005 The Texas legislature is considering a law similar to one already passed in Oklahoma limiting employer liability for workplace violence or other injuries involving a handgun carried by someone licensed to do so. In exchange, employers may lose the right to prohibit workers from bringing licensed weapons to work as long as they are kept in a publicly accessible parking lot or garage. Currently, you may legally ban … [Read more...] about WIELDING WEAPONS IN THE WORKPLACE

News Flashes ArchiveArticles ArchiveSue Bob's Diary ArchiveNews Flashes Archive Understanding the Anatomy of a Level of Need Appeal Posted September 29, 2004 Recent Efforts to Block the New FLSA Rules Posted September 27, 2004 Barbarians At Your Door: Your Business Records and the New Medicaid Fraud RulesPosted June 29, 2004 WORKFORCE LEGAL WATCH - May I PLEASE Peer Into Your Files?Posted March 11, 2004 Congress Withdraws Its Opposition to Proposed DOL Wage and Hour Exemption Posted December 2, … [Read more...] about Publications Archive