By Brent I. Clark, Erin Dougherty Foley, and Craig B. Simonsen

Seyfarth Synopsis: DOT has withdrawn its rulemaking on safety sensitive positions in highway and rail transportation.

This week the U.S. Department of Transportation has withdrawn its March 10, 2016 Advance Notice of Proposed Rulemaking (ANPR) on the Evaluation of Safety Sensitive

By Karla Grossenbacher and Selyn Hong

Synopsis: Wearable device data may be the next big thing in the world of evidence for employment cases. Given the nature of the information captured, it is easy to see how this type of data may be relevant to claims of disability discrimination, workers’ compensation and even harassment

Wearable

By Erin Dougherty Foley, Brent I. Clark, Ilana R. Morady and Craig B. Simonsen

The U.S. Department of Transportation has published an Advance Notice of Proposed Rulemaking (ANPR) on the Evaluation of Safety Sensitive Personnel for Moderate-to-Severe Obstructive Sleep Apnea, 47 Fed. Reg. 12642 (March 10, 2016).

The ANPR is directed at individuals

By Jonathan D. Karelitz and Craig B. Simonsen

The Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191, contains extensive rules designed to limit access by non-health plan entities to certain individually identifiable health information (collectively referred to as the “Privacy Rule”).

The Privacy Rule contains a number of exceptions