The U.S. Court of Appeals for the Second Circuit recently clarified that the “motivating factor” standard of causation applies to Family and Medical Leave Act (FMLA) retaliation claims, instead of the “but for” causation standard applied in Title VII and ADEA retaliation cases. The “but for” standard is more onerous for the plaintiff, who must
Growing Questions About Employee Medical Marijuana Use Leave Employers in a Haze
The intersection of employment and marijuana laws has just gotten cloudier, thanks to a recent decision by the Rhode Island Superior Court interpreting that state’s medical marijuana and discrimination laws. In Callaghan v. Darlington Fabrics Corporation, the court broke with the majority of courts in other states in holding that an employer’s enforcement of…
New York Department of Labor Clarifies Pay Transparency Provisions in Equal Pay Act
On February 1, the New York State Department of Labor (“NYSDOL”) adopted regulations (“Regulations”) clarifying the pay transparency provisions of Section 194(4) of the New York Labor Law. The pay transparency section was added to Section 194 as part of a broader amendment to New York State’s equal pay law in January 2016. This pay…
2012 HEAL Briefings for Healthcare and Wellness Executive and HR Professionals – EBG Atlanta Office
A monthly breakfast law briefing and networking series specifically designed for health care and wellness company executives and human resources professionals. This informative series will address labor and employment issues during these challenging times and offer solutions.
For additional information and to register, contact Carla Llarena or by tel: (404) 869-5363.
February 8, 2012
Disruptive Behavior: Abuse in the Healthcare Environment
by Pamela D. Tyner
Physicians and healthcare workers devote years to improving the quality of their patients’ lives. Despite the Hippocratic code and compulsory non-retaliation policies, incidents of disruptive behavior from physicians and healthcare workers, though largely shielded from the general public, continue to frequently surface internally at healthcare environments. Amidst recent jarring headlines of…