Obtaining employee medical records is very important under certain federal laws. Maybe an employee requested a reasonable accommodation under the ADA. Maybe the employee is looking to take time off under the Family Medical Leave Act. Maybe the employee had a worker’s compensation claim. Do these laws impose obligations to safeguard employee records? I know that HIPAA covers patient records does HIPAA apply to employers? These federal acts such as FMLA ADA and GINA have record safeguarding requirements are there differences? When can an employee file a lawsuit for retaliation if his medical records were disclosed.
It is hard enough to keep up with the different laws that affect employees. But what about medical record requirements. What records must I keep how do I keep them and what if they are disclosed can the employee file a lawsuit? Do the medical record requirements differ between different federal las such as FMLA ADA and GINA? All this and more will be discussed in this exciting webinar.
Stuart Silverman has been practising law for almost 30 years and is the principal of the Law Offices of Stuart M. Silverman, P.A., located in Boca Raton, Florida. The emphasis of his practice is in the area of labor and employment law and business and commercial litigation. Mr. Silverman has represented both private and public employers, as well as individual employees in a whole host of complex business disputes and employment settings at administrative levels and state and federal trial and appellate courts. His extensive employment litigation experience includes claims under age, race, sex discrimination, wage and hour claims, whistle-blower and retaliation claims, ADA and FMLA claim, public employee's claims, as well as disputes under employment contracts, non-compete agreements, trade secrets disputes and partnership breakups. Mr. Silverman is a frequent speaker on his areas of practice.
Mr. Silverman focuses on helping businesses by taking a proactive approach to their employment and business law needs and provide assistance with compliance on workforce issues, employment handbooks and policies, employee contracts, non-competition and non-solicitation agreement, partnership agreements, shareholder agreements, contracts and buyouts and severance issues and commercial leases. He is also a member of The Workplace Violence Prevention Institute ("WPVI") a group formed to investigate solutions and strategies from a proactive and systemic perspective to minimize the risk of workplace violence, specifically violence caused by employees or former employees. He earned his B.A. degree, with high honors and his J.D. degree from Rutgers University. Mr. Silverman is admitted to The Florida Bar and the U.S. District Court for the Southern District of Florida.