KINLEY LAW POSTS

It’s illegal to ask about disabilities in an interview. However, it’s acceptable to ask applicants if they are able to perform the essential responsibilities of the job with reasonable accommodation. Job Descriptions Always start with good job descriptions. They should be prepared carefully, since they can be used against your company in a lawsuit, or if properly prepared, as a defense to such a lawsuit. . How to Create a Job Description. A well-written job description is o

“During required rest periods, employers must relieve their employees of all duties and relinquish any control over how employees spend their break time.” So ruled the California Supreme Court last month in JENNIFER AUGUSTUS v. ABM SECURITY SERVICES, INC. In the case, a security guard company required the guards to keep their phones and communication devices in the “ON” position and to “remain vigilant” during breaks. In deciding the case, the court was reviewing an Industr

An attorney’s role in any potential breach is to lead an assessment of the breach and to help clients determine whether to disclose a breach by applying the law to the factual investigation. Such an assessment is required for covered entities when a breach is suspected under Modifications to the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules, and under the HITECH Act and the Genetic Information Nondiscrimination Act (GINA) and the corresponding regulation