Knudsen Law Blog Posts

EEOC Issues New Pregnancy Discrimination Guidance

On June 25, 2015, the U.S. Equal Employment Opportunity Commission revised its Enforcement Guidance on Pregnancy Discrimination and Related Issues to comport with the recent Young v. UPS Supreme Court decision. The case involved an employee’s ability to establish pregnancy discrimination based on an employer’s accommodation practices.

According to the […]

Nebraska Supreme Court Ruling on Non-Competition Provisions

Professional cleaning and maintenance service franchisor, Jani-King of Omaha (DBA Unlimited Opportunity, Inc.) sued former franchisee, Anthony Waadah for breach of the non-competition provision of their franchise agreement when Jani-King received reports of Waadah diverting Jani-King customers to his own janitorial business. (Unlimited Opportunity, Inc. v. Waadah, 861 N.W.2d […]

U.S. Supreme Court Refuses to Review Nursing Home Arbitration Case

The U.S. Supreme Court has declined to hear a dispute from Oklahoma over whether an arbitration agreement between a nursing home and its resident is binding on the resident’s next of kin who claim that the resident died prematurely due to a nursing home’s negligence.

In September of 2014, the […]

Abercrombie Lost the Hijab Case

The Supreme Court ruled against Abercrombie & Fitch in a religious discrimination case.  The Equal Employment Opportunity Commission alleged that the clothing store violated Title VII of the Civil Rights Act by failing to accommodate a religious practice when it refused to hire a Muslim woman because the headscarf […]

New FMLA forms

The Department of Labor posted new FMLA forms:

 WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition (PDF)
 WH-380-F Certification of Health Care Provider for Family Member’s Serious Health Condition (PDF)
 WH-381 Notice of Eligibility and Rights & Responsibilities (PDF)
 WH-382 Designation Notice (PDF)
 WH-384 Certification of […]

Long-term Care Criminal Reporting Requirements

Section 1150B of the Social Security Act requires the reporting of “any reasonable suspicion of a crime . . . against any individual who is a resident of, or is receiving care from, the facility” to local law enforcement.  An August 2014 report published by the U.S. Department of […]

LB 72 Signed into Law

The Nebraska State Legislature passed Legislative Bill 72 on May 7, 2015 and Governor Pete Ricketts signed it into law on May 13, 2015. LB 72 was introduced for the State to be reimbursed for Medicaid benefits paid to an individual. This blog previously discussed some of the problems with LB […]

Nebraska Expands Protections for Pregnant Employees

Nebraska women will no longer need to worry about losing their jobs because of pregnancy, childbirth, or related medical conditions, even if complications arise.

Under the Nebraska Pregnant Workers Fairness Act (LB627) signed by Gov. Pete Ricketts on April 13th, employees will be entitled to reasonable workplace accommodations due to […]

LB72

The Nebraska legislature is considering legislation that will impose significant disclosure and lien liability on interfamily real estate transfers. The bill, LB72, as originally introduced imposed a lien in favor of the State of Nebraska, Department of Health and Human […]

US Supreme Court: Medical Providers Do Not have Recourse Against States Over Low Medicaid Reimbursement Rates

On Tuesday, the U.S. Supreme Court ruled that private health care providers that deliver residential care services cannot sue to compel a state to adjust its Medicaid payments to rising medical costs.
In a 4-5 decision, the Court ruled against a group of providers […]