Pennsylvania Act 102 covers health care providers (broadly defined) in Pennsylvania.  It prohibits covered employers from mandating that covered employees work “overtime” except under certain limited circumstances.

Generally speaking, covered employees include employees directly involved in direct patient care and other clinical services.  Employees not covered by Act 102 include, but are not limited to,  physicians, physician assistants and patient care/clinical supervisors who are paid on a salaried (but not hourly) basis. Continue reading PA Act 102: Prohibition On Mandatory Overtime Covers More Than FLSA Overtime →

The EEOC’s final regulations under GINA take a broad and expansive view of the general prohibition on seeking genetic information.  For instance, the regulations make clear that an employer may violate GINA without a specific intent to acquire genetic information.

However, there is an exception to the general prohibition on seeking genetic information that is applicable to lawful requests by employers for medical information sought in the context of requested leaves and accommodations.  But this exception applies only if the employer affirmatively informs both employees and their healthcare providers from whom such information is sought that the employer is not seeking genetic information in response to its request for medical information. Continue reading You Are Covered by GINA Even if You Don’t Elicit Genetic Information →