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THE MARTIN & MARTIN BLOG

Poorly Crafted Wellness Programs Can Make Employers “Sick” Pt. 2

April 5, 2012

Employers that do choose to dole out incentives should make sure the incentive is available even if an employee does not complete the program’s health risk assessment, so an employee can choose not to divulge personal information.

While the question of appropriate incentives is one that can lead to litigation, the health information that employees provide as part of a health risk assessment can also present problems for employers under HIPAA’s privacy rules, the ADA’s confidentiality provisions, GINA and state privacy laws.  Read More >


Poorly Crafted Wellness Programs Can Make Employers “Sick”

March 22, 2012

Businesses are turning to wellness programs to curb health care expenses, but programs that aren’t carefully crafted can lead to costly privacy and discrimination litigation for employers.

Wellness programs focusing on weight reduction, exercise, smoking cessation and other lifestyle habits that negatively impact health can lead to big savings for employers by targeting behaviors that can cause conditions that drive up their health care expenditures. But programs that give employers too much information about their employees can leave employers vulnerable Read More >


More Lessons to be Learned from LAUSD Sex Scandal: How Parents Can Protect Their Children.

March 8, 2012

Do you wonder why immediately following the first arrests at Miramonte Elementary School that so many parents have come forth reporting that their children have been molested by school personnel?   The commonsense explanation is that these first arrests caused parents to “really” talk to their children and in doing so, learned that their own children had been victims.  Parents need to do their part to safeguard their children against school sex predators, and this week’s blog suggests some ways to do so.

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4 Lessons Learned from the LAUSD Sex Scandal

February 28, 2012

Part One:  Advice to School Officials and Personnel

As anyone listening to the news in California knows, the Los Angeles Unified School District (“LAUSD”) has been plagued recently by an unprecedented scandal in which several teachers and other school personnel have been arrested for acts of lewd and improper sexual activity with minor children.

Children should be safe in our school system from sexual predation.  Indeed, the California Constitution guarantees students the inalienable right to attend schools that are safe, secure and peaceful.  Moreover, the California Penal Code imposes criminal liability upon school personnel who fail to report abuse they suspect or Read More >


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