Here’s another installment in our occasional series on the I-can’t-believe-they-did-that actions of employees. Now, I know that there’s a more common term for these types of pictures of a guy’s personal junk, but one of my law partners (let’s call her “Lulu,” shall we?) insisted that I not use it. Even with asterisks. So … let’s see what lessons we can draw from this situation, shall we? Beyond the obvious, of course.
As many employers implement a COVID-19 vaccination-or-weekly-testing mandate (soon to be required of all employers with 100+ employees, as we discussed here), a recurring issue is whether the time that employees spend getting that weekly test must be paid under federal and state wage and hours laws. And the answer is a lawyerly, “Well, it depends.” (Of course).
A day after President Biden announced his COVID-19 Action Plan (which we discussed here), leaders from the Occupational Safety and Health Administration held a short briefing to discuss its forthcoming Emergency Temporary Standard that will require employers with 100+ employees to (1) mandate vaccinations or weekly testing, and (2) provide paid vaccination leave. The President’s announcement regarding these requirements was sorely lacking in details, but the OSHA briefing provided a few (not many) useful tidbits for nervously wondering employers. (Be aware, however, that the ETS is not yet written, and it is possible that some of what they said today might not end up being accurate….) Continue Reading A Few More Answers from OSHA on the Impending Vaccination ETS…
An issue that we’ve run into recently is what to do about employees who are vaccinated – but not with one of the FDA-approved vaccines (whether under Emergency Use Authorization (Moderna and J&J) or regular approval (Pfizer-BioNTech)). Perhaps they are participating in a clinical trial or maybe they were vaccinated in another country. Employers are wondering – is this really a valid vaccine? Can we require employees to go get a “real” vaccine?
A National Labor Relations Board (“NLRB” or “Board’) decision that was once thought to be a significant win for employer property rights may ultimately result in increased property access for off-duty contractor employees, following a recent decision by the U.S. Court of Appeals for the D.C. Circuit.
And I’m pretty darned sure that many employers feel the same way. This issue has been coming up a lot lately with the burgeoning requests for medical exemptions in the context of COVID-19 vaccine mandates. TO BE CLEAR, I am NOT questioning those employees with actual medical conditions that legitimately prevent them from getting a vaccine – I’m talking about those folks who just don’t want the shot, and get their doctors to write some nonsense note that has no actual basis in medical fact. And frankly, this has been an issue generally beyond the vaccine. (It even showed up in my recent blog post about the employee who wanted to bring his dog to work). So what can we do?
A National Labor Relations Board (NLRB) hearing officer recently recommended that the union election at an Alabama Amazon warehouse be run a second time. The hearing officer, an employee of a NLRB Regional Office, sided with the Retail, Wholesale and Department Store Union (RWDSU) that Amazon’s actions interfered with a fair election. Specifically, the hearing officer found that Amazon’s installation of an unmarked mailbox as a ballot drop-site that was within the view of company surveillance cameras, hiring of private police, threatening of employees, and changing county traffic lights (come on, how many companies have the pull to get county traffic lights changed?) to impede RWDSU access to voters amounted to objectionable conduct.
Trying to stay on top of federal workplace guidance on COVID-19 is confusing and challenging for employers, and the Occupational Safety and Health Administration (OSHA) has just changed the playing field again – although the new guidance is intended to conform with the Center for Disease Control and Prevention’s (CDC) recently-revised recommendations for fully-vaccinated individuals (as discussed in our August 4, 2021 blog post).
On August 12, 2021, the recently confirmed General Counsel (GC) of the National Labor Relations Board, Jennifer Abruzzo, issued her first official memo. Per an NLRB press release, GC Memo 21-04 “lays out a clear agenda…on some priorities of the Office of the General Counsel.” The memo directs NLRB field offices to submit cases addressing issues identified in the memo to the Regional Advice Branch of the Office of the General Counsel. Typically, such submissions are the first step on the path to overturning existing case law that a sitting GC seeks to change. Continue Reading New NLRB General Counsel Signals Major Changes Ahead
Some readers may know that I have an adorable dog. A lifelong dog-hater, we got the dog as a bribe for my son (long story), and now I love the darned thing. There are days that he is the only one in the family that I love. And it’s been great, in this year+ of WFH, to have him nearby at all times. Many people agree – and some would like to take their fur babies to the office when they return. But, as one court recently explained, that’s only required if the dog is, in fact, a reasonable accommodation under the Americans with Disabilities Act – and there must be medical support for such an accommodation.