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Roll Out the Red Carpet: What Employers Need To Know About Dress Code Policies To Avoid Being Nominated for a Lawsuit

The Oscars are synonymous with fashion with viewers critically evaluating red carpet looks to determine their picks for the best-dressed list. But what happens when employers turn that critical eye to the slightly less glamorous realm of employee work attire? Although employers generally have the right to adopt dress code and grooming policies to c...

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Regulating Intermittent FMLA Leave: May an Employer Request a Doctor’s Note for Each Intermittent FMLA Absence?

Intermittent leave under the Family Medical Leave Act (“FMLA”) can pose a significant (and often frustrating) administrative and tracking burden on an employer. Further, when attempting to ferret out abuse, an employer has a limited ability to question or control the use of intermittent leave. For example, a recent case (which was an is...

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Risqué Business: Controlling Employee Conduct Through Morality Clauses

Risk avoidance provisions in employment contracts are a growing trend in the workplace, especially in executive employment agreements in the sports and entertainment world. Often referred to as a “morality clause,” this type of contractual provision affords employers the opportunity proactively to set moral standards, ethical expectations, and ...

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The Opportunity at Hand: Locally-Influenced Management of Health Care

When I sat for my first conference on the Patient Protection and Affordable Care Act (“ACA”) in 2010, one thing was clear: Nothing. The expert presenters all admitted, with sympathy from the listening audience, that they had not (and could not) read the ACA in its entirety. They were afflicted with the same problems that we all were: A ...

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Triple-S Socked with $6.8 Million Sanctions for PHI Breach

Triple-S, an insurance holding company and subsidiary of Triple-S Management Corporation, was notified by the Puerto Rican Health Insurance Administration (“HIA”) that HIA would pursue penalties against Triple-S for its alleged failure to properly respond to a breach of protected health information (“PHI”) involving 13,336 D...

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Do You Want Health Insurance with Your Entrée?

The Los Angeles Times is reporting that restaurant-goers are paying more than just tax and tip when dining out—a new policy at an L.A. restaurant means that diners will also be contributing to covering the cost of the restaurant’s employees’ health insurance premiums. Republique, an upscale restaurant featuring a café and b...

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Lab Results on Demand: CLIA/HIPAA Amendment Increases Patient Access

A new final rule (the “Final Rule”) from the Centers for Medicare and Medicaid Services, the Centers for Disease Control and Prevention, and the Office for Civil Rights (collectively, the “Agencies”) gives patients and their personal representatives the right to request and be granted access to test results directly from lab...

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A License to Wed: Can You Be Denied a Marriage License?

In October of 2013, the Illinois couple of Colette Purifoy and John Morris were denied a marriage license because of John’s inability to consent. In 2009, John suffered permanent brain damage after unexpected complications from a “simple surgery” and he remains in a vegetative state. According to Colette, the two have been together for over 3...

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Do I Need a Lawyer to Represent Me in a Family Law Matter?

Few people, who are headed for divorce or custody litigation, can afford to spend substantial amounts of money on a family law attorney. Frequently, clients consider whether they can or should represent themselves in their divorce litigation or family law matter. This decision is difficult. For anyone considering self-representation, several import...

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Child Custody – What is the Best Interest of the Child?

You are considering separating from your spouse and/or your significant other, but down the hall there is a five year old child that loves both of you. What happens to him or her? The polestar in any custody litigation is “what is the best interest of the child?” So, if you are either a mom or a dad and are considering breaking up the c...

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