This might seem like a no-brainer, unless you're an employer trying to dodge overtime liability, but employers can't avoid overtime liability simply by telling employees to underreport their hours worked and then rely on employees' compliance with that directive to defeat an overtime lawsuit.
Read MoreOne form of FMLA employer interference involves an employee’s right to FMLA leave in the form of a reduced schedule or intermittent absences. FMLA confusion can arise when employers and employees are not familiar with the key aspects of reduced scheduled or intermittent leave under the FMLA.
Read MoreAggressive nursing home residents may create a risk for others at the facility. Injuries to nursing home residents by other residents is increasingly being recognized as a significant problem.
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The tiny nuances of the Family and Medical Leave Act can be difficult to understand at first glance. From an employee’s perspective, misjudgment about the extent of employees’ FMLA rights can lead to bad decisions that cause worse employment results, including the loss of a job. We’ll look into it more here.
Read MoreA major and very common issue in nursing home facilities is medication errors. Medication errors are mistakes that occur while nursing home staff is preparing or administering medicine. Medication errors can occur because staff violates doctor’s orders, accepted professional standards, or manufacturer’s instructions.
Read MoreMany nursing home residents have difficulty swallowing food. Nursing home facilities thus need to carefully supervise and monitor such residents' food intake. Choking dangers are multiplied when the nursing home staff does not take proper care of the resident.
Read MoreMost insurance policies give your insurer the right to demand that you submit to an "examination under oath" as part of the claims process. Your insurance policy likely obligates you to cooperate with your insurer and give an examination under oath if you want the claim covered. An examination under oath allows your insurance company to question you about your insurance claim while you are under oath and subject to penalties for perjury.
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Some employees feel that they’ve been wrongfully terminated. Here we discuss some methods to prove whether or not this has happened to you from a legal standpoint.
Read MoreNursing home residents are often unable to move around the facility on their own. Instead, they need help from the facility's staff. While that can usually be accomplished by use of a wheelchair, the resident may need assistance transitioning from a bed or chair into the wheelchair. Nursing home falls or drops frequently occur during that crucial transition period.
Read MoreWith school starting, parents will again be sending their children off on field trips. Part of that process involves the parents signing permission slips that often include language immunizing the school for any injuries to the child that occur during the field trip. Luckily for the parents and the children who might be hurt, field trip liability waivers are invalid and unenforceable under Iowa law.
Read MoreWhen an individual decides to request accommodation, the individual must let the employer know that an adjustment or change at work is necessary for a reason related to a medical condition. A request for reasonable accommodation is the first step in an informal, interactive process between the individual and the employer. I'll discuss that "interactive process" in more detail in a later blog post.
Read MoreThe FMLA requires employers to provide their employees with both general and specific FMLA notices. We discuss both types.
Read MoreWe sometimes encounter employers who either don't know or don't care that a pregnancy, although temporary, leads to significant employee rights. On the one hand, many employers treat pregnant employees quite well, often as a result of traditional decency and practices, rather than because of any legal obligations. But employers who choose not to do that can run afoul of special laws that apply to pregnant employees, such as those governing maternity and pregnancy leave.
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Sometimes a nursing home resident will need to be restrained, but this comes with a set of implications for your legal rights.
Read MoreManagement employees must have a certain level of personnel authority in order to qualify for the “executive exemption” and thus be ineligible for overtime. We share our thoughts regarding that requirement.
Read MoreMany people like having large, mature trees on their property. Trees look nice, they create shade, and they add a little nature to urban communities. But have you ever thought about the potential liability that the trees on your property could cause?
Read MoreBed rails in nursing facilities can be as dangerous as they are helpful. Particularly for older, confused, or frail nursing home residents, injuries or death caused by bed rails frequently happen.
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Here we discuss the ways to deal when you experience a car accident with someone who’s uninsured.
Read MoreThe FMLA includes more than just provisions for employee medical leave. The FMLA also governs what an employer must do when an employee returns from FMLA-covered leave. In most instances, an employer is legally obligated to reinstate an employee who returns from FMLA leave.
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Are you aware of the dangers that unfortunately come with nursing homes? We want to make sure you’re educated on the dangers associated with nursing home facilities so if the times comes, you will know your legal rights.
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