Category Archives: Employment Law

New Edition! Healthcare Employment Practice: Policy, Law and Procedure (2022 Edition)

PLI Press is proud to announce the publication of the new edition of Healthcare Employment Practice: Policy, Law and Procedure.

The hospital and healthcare environment has become more fractured and fractious in recent years. Job satisfaction among healthcare professionals is down due to occupational stress, physical and emotional exhaustion, burnout, lack of respect, and crushing administrative and oversight duties on top of clinical duties, loss of autonomy, and the devastating effects of the COVID-19 pandemic.

Meanwhile, complex employment contracts and noncompete covenants bind doctors and other healthcare personnel and have locked up the futures of many professionals. This guidebook responds to these complex issues with detailed contract guidance and practice tips to save you time, reduce errors, and improve employee satisfaction. The text explores how the system operates, and suggests how lawyers, human resource professionals, and hospital management teams can improve their outcomes through astute planning and careful drafting of agreements.

Healthcare Employment Practice includes:

Step-by-step, term-by-term guidance on physician on physician employment contracts, with an emphasis on the problems presented by restrictive covenants, and a full sample Physician Employment Agreement (see Chapters 9 and 10 and Appendix B – fully updated for 2022)
A fifty-state survey of noncompete statutes and selected case law (see Appendix A – fully updated for 2022);
Labor and employment law as it affects healthcare industry employees (see Chapters 13-21);
Issues presented by telemedicine (see Chapter 27);
Stark and anti-kickback law compliance (see Chapter 26);
Employment discrimination in healthcare: physician whistleblower, discrimination, harassment, and retaliation claims (see Chapter 22).

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

New Edition! Legal Guide to the Business of Marijuana

PLI Press is proud to announce the publication of the new edition of Legal Guide to the Business of Marijuana: Cannabis, Hemp and CBD Regulation (2021 Edition).

This is a unique resource for lawyers who represent clients in the fast-growing legal cannabis industry. For lawyers new to representing marijuana clients, the authors provide an understanding of the definitions of marijuana and other cannabis products, as well as a review of the policy and political issues that have led to the controversy and uncertainty of the current environment.

The book also offers critical guidance on a wide range of interrelated topics, including:

The complex and varying state regulation of medical and non-medical marijuana;
Federal law, enforcement, and preemption and their implications for employment, taxes, and banking;
Various aspects of establishing and managing a marijuana enterprise, including the growing, licensing, labeling, transporting, and distribution of marijuana and related products.

The new edition adds the latest on regulation of CBD products, the Final Rule for the Establishment of a Domestic Hemp Production Program, and the laws of the latest states to adopt some form of cannabis legalization—New Mexico, New York, South Dakota, and Virginia.

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

New Edition! Healthcare Employment Practice

PLI Press is proud to announce the publication of Healthcare Employment Practice: Policy, Law and Procedure (2021 Edition).

This clear and concise guidebook responds to the complex issues arising from the increasingly fractured and fractious hospital and healthcare environment with examples and details to save time, reduce errors and improve employee satisfaction. The text explores how the system actually operates, and suggests how lawyers, human resource professionals and hospital management teams can improve their outcomes through astute planning and careful drafting of agreements.

The 2021 edition includes:

Step-by-step, term-by-term guidance on physician employment contracts, with an emphasis on the problems presented by restrictive covenants, and a full sample Physician Employment Agreement
Labor and employment law as it affects healthcare industry employees
Issues presented by telemedicine
Stark and anti-kickback law compliance

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

Employment Law Webinar – This Thursday!

Please join us this Thursday, November 19 at 2:00 p.m. ET, for a brief demo highlighting the Employment Law resources available on Practising Law Institute’s online research database, PLI PLUS. Led by Senior Library Relations Manager Zehava Monchar, this 30-minute demo will cover popular Employment Law titles and review research scenarios to demonstrate key features of PLI PLUS.

POPULAR EMPLOYMENT LAW TITLES AVAILABLE ON PLI PLUS INCLUDE:

This demo is part of our ongoing webinar series. Each month we highlight PLI’s resources in a different practice area while also demonstrating the overall functionality of the research database. For registration and a list of upcoming webinars, visit PLI Practice Area Webinars.

New Title! COVID-19 and Other Pandemics

COVID-19 and Other Pandemics: Business and Legal Challenges, a new treatise from PLI Press, is now available for purchase.

The dramatic rise in client questions about the fallout from COVID-19 – on workplace risks, liability, health insurance, contracts and force majeure clauses, testing and tracing and more – presents a real-time challenge: Lawyers need clear answers now to navigate the regulatory and medical challenges.

This book, from public health and safety regulation experts James O’Reilly and Philip Hagan, provides background and analysis of legal and scientific issues that clients will need to understand in order to manage the new “normal” they are facing as they try to conduct business amidst a global pandemic. This results-oriented treatise combines practical advice, the latest scientific research and guidance from key government agencies to provide readers with the answers they need and the questions they didn’t know to ask.

Read more about this timely treatise on Above the Law.

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

New Title – California Consumer Privacy Act Annotated

PLI Press is excited to announce the publication of a new treatise on the California Consumer Privacy Act (CCPA), the first law of its kind in the United States providing consumer privacy protections.

California Consumer Privacy Act Annotated equips businesses and practitioners with the tools they need to understand the data they collect and how that data is used, disclosed, and stored, and then develop the framework, policies, and procedures to meet the CCPA notice requirements and to respond to data subject requests. This timely book takes into account the final text of proposed regulations the Attorney General submitted to the California Office of Administrative Law on June 1, 2020.

This thorough treatise includes advice on:

Determining whether an entity meets certain size and scope thresholds to be subject to the CCPA
Evaluating whether personal information collected from consumers, households, and devices is protected under the CCPA or whether an exemption applies
Understanding the considerations surrounding the sale of personal information by a business to a third party
Drafting sound notices at collection and privacy policies
Understanding the rights the CCPA grants to consumers regarding their personal information, as well as the different exceptions and limitations to these rights, in setting up processes and procedures for compliance
Building an infrastructure and creating procedures for managing and responding to consumer requests under the CCPA
Evaluating security requirements and practices in light of the new private right of action in which consumers can seek actual damages and statutory damages for a personal information security breach that is the result of a business’s failure to use reasonable security

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

New Title! Healthcare Employment Practice

PLI Press is pleased to announce the publication of Healthcare Employment Practice: Policy, Law and Procedure, a new treatise addressing the employment conflicts and challenges that mark today’s hospital and healthcare system.

The hospital and healthcare environment in the U.S. has become more fractured and more fractious in recent years. Job satisfaction is down, contracts are much more complex and the covenants which bind doctors and other healthcare personnel have locked up the futures for many professionals. This clear and concise guidebook responds to these complex issues with examples and details to save time, reduce errors and improve employee satisfaction. It explores how the system actually operates, and suggests how lawyers, human resource professionals and hospital management teams can improve their outcomes through astute planning and careful drafting of agreements.

This book includes:

Step-by-step, term-by-term guidance on physician employment contracts, with an emphasis on the problems presented by restrictive covenants, and a full sample Physician Employment Agreement
Labor and employment law as it affects healthcare industry employees
Issues presented by telemedicine
Stark and anti-kickback law compliance

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

PLI Current: COVID-19 Special Issue

PLI Press published a special issue of PLI Current to address the developing effects of the COVID-19 outbreak on the legal community. Covering a variety of legal issues related to COVID-19, this special issue contains a mix of original reportage, program materials and transcripts from recent PLI One Hour Briefings. Below is a list of contents along with links to individual articles.

*All articles and online programs related to the global coronavirus crisis are free to access with your PLI login. For upcoming programs, visit pli.edu/coronavirus.

COVID-19: Reducing the Spread of Both Illness and Social Panic
Coronavirus: What Lawyers Need to Know: Transcript of the PLI One Hour Briefing, conducted March 10, 2020
Coronavirus: What Lawyers Need to Know (program materials)
Coronavirus: Insurance Coverage for Event Cancellation, Travel and Supply Chain Losses: Transcript of the PLI One Hour Briefing, conducted March 17, 2020
Coronavirus: Insurance Coverage for Event Cancellation, Travel and Supply Chain Losses (program materials)
Investment Adviser Regulatory Update: Considerations Regarding the Coronavirus and Getting Ready for the 2020 ADV Update Season: Transcript of the PLI One Hour Briefing, conducted March 18, 2020
Investment Adviser Regulatory Update: Considerations Regarding the Coronavirus and Getting Ready for the 2020 ADV Update Season (program materials)
COVID-19 and the Cyber-Risks of Working from Home: Meeting the Challenges: Transcript of the PLI One Hour Briefing, conducted March 25, 2020
COVID-19 and the Cyber-Risks of Working from Home: Meeting the Challenges (program materials)
COVID-19 Challenges for First Quarter 2020 Form 10-Q and Annual Meetings: Transcript of the PLI One Hour Briefing, conducted March 26, 2020
COVID-19 Challenges for First Quarter 2020 Form 10-Q and Annual Meetings (program materials)
How Employers Can Manage the Coronavirus/COVID-19 Pandemic: Your Workplace Questions Asked—and Answered!: Transcript of the PLI One Hour Briefing, conducted March 26, 2020
How Employers Can Manage the Coronavirus/COVID-19 Pandemic: Your Workplace Questions Asked—and Answered! (program materials)
Coronavirus Considerations: SEC Disclosure, Labor & Employment, Insurance, Litigation, Breach of Contract and Force Majeure Issues: Transcript of the PLI One Hour Briefing, conducted March 27, 2020
Coronavirus Considerations: SEC Disclosure, Labor & Employment, Insurance, Litigation, Breach of Contract and Force Majeure Issues (program materials)

Treatise Update: Employment Law Yearbook 2020

Employment Law Yearbook 2020 provides a comprehensive overview of the most important developments in employment law over the past year, including critical case decisions, legislative changes, government agency actions, and other events of interest to employers, employment and HR professionals, corporate attorneys, and employee advocates.

Major topics in the 2020 edition include:

Wage-and-hour laws and litigation
The Office of Federal Contract Compliance Programs (OFCCP) and related recent developments, compliance initiatives, case law, and settlements
Discrimination based on gender and related characteristics, the Equal Pay Act, and sexual harassment
Discrimination based on race, religion, and national origin
Age discrimination, the Age Discrimination in Employment Act (ADEA), the Older Workers Benefit Protection Act (OWBPA), and related litigation
Equal employment opportunity (EEO) class actions
The Americans with Disabilities Act (ADA)
Employee privacy law and privacy rights litigation
Protection of trade secrets
Whistleblowing and other retaliation claims
Employee blogging, social media use by employees and by employers, related laws and regulations, social media in investigations and litigation
Family, medical, and military leave, recent developments under the FMLA and USERRA
Arbitration, the Federal Arbitration Act (FAA), employer-employee arbitration agreements, and disputes

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.

New Title! ERISA: Department of Labor Investigations and Litigation

PLI Press is excited to announce the publication of ERISA: Department of Labor Investigations and Litigation, a new treatise focusing on the Department of Labor’s civil enforcement authority and litigation under the Employee Retirement Income Security Act (ERISA).

This new publication has two primary functions: (1) to serve as a reference guide to the Department’s regulations and informal guidance, and (2) to be a resource for the Department’s views on ERISA fiduciary responsibilities as expressed in litigation by highlighting key cases.

The book examines cases brought by the Department directly as the plaintiff or amicus and how its views have been received by the courts. Cases involving private litigants generally are not discussed but are briefly mentioned if they are particularly significant, such as Supreme Court decisions or key lower court opinions. The primary exception concerns the Department’s amicus curiae briefs, which are filed in private party litigation and touch on significant or novel issues before the Supreme Court and circuit courts across the country.

As much of the Department’s enforcement and litigation has focused on pension plans, so does this book, along with an overview of health plan investigations, enforcement, and litigation, including under ERISA Part 7 and the Affordable Care Act. There is also a short discussion of the Department’s criminal enforcement program, as well as a discussion of the impact of the fiduciary, or conflict of interest, rule on the financial services industry and related litigation.

Order your print copy today.

PLI PLUS subscribers can access this title through their subscription.