As a follow up to Fiona Ong’s blog post detailing the highly disturbing (but sadly not surprising) treatment of an associate who interviewed for and accepted a new position while on parental leave, this blog post focuses on how employers can best support their employees who have taken parental leave—both those who have given birth and those who take caregiving leave and are adjusting to new responsibilities as a parent. As an employment lawyer and mom who returned to full-time work after having three children, here are some tips to support your new parents in the workplace.Continue Reading Maternity Leave ≠ Sitting on Your Ass: Part II
Five years after the #MeToo movement took shape, we are seeing an interesting trend in the Equal Employment Opportunity Commission (EEOC) charge data: the number of Charges of Discrimination (charges) filed since fiscal year (FY) 2016 are down—significantly. There were 30,000 fewer charges in FY 2021 than in FY 2016. While I expected to see a drop in charges correlating to the pandemic and rise in remote work, it was somewhat surprising to see the trend of declining charges actually began much earlier.Continue Reading Where Have All the Charges Gone?
Last month, the Tweet below went viral:
“I don’t want to alarm anyone, but I’ve just been asked in a job interview if I used lockdown ‘to pursue any passion projects or personal development.’”
Please, employers, I beg of you— find a different trendy interview question.Continue Reading Employers – Do Not Ask About Pandemic Passion Projects!
As individuals beyond front-line healthcare workers are becoming eligible for the vaccine, the Centers for Disease Control and Prevention (CDC) has just released a toolkit for employers of essential workers, to join those that it previously released for medical centers/clinics/clinicians, and long-term care facilities. Although targeted for these specific employers, the resources provide information and resources that are applicable to employers generally.
Continue Reading More Guidance from the CDC on Workplace Vaccination Programs
With the COVID-19 vaccine finally becoming a reality, healthcare employers, who were first to receive the vaccine for distribution to their workforce, are addressing questions of how to implement vaccination programs. Other employers are thinking about these issues as well, in preparation for the time when vaccines are more widely available. Below, we have addressed many common, and some not so common, questions about vaccines in the workplace.
Continue Reading Vaccines in the Workplace: A Practical Guide for Employers
As if 2020 wasn’t bad enough, it seems scammers have begun preying upon some of the most vulnerable and desperate: unemployed job seekers.
A few weeks ago, I fielded a call from a client, who had an influx of angry job seekers complaining about its hiring practices. It turns out that scammers were monitoring job search websites, such as Career Builder, LinkedIn, and Indeed, and contacting job seekers who had posted resumes. The scammers then emailed the job seekers about fully remote jobs with generous benefits that paid $35/hour for little to no experience.Continue Reading Go Phish: Preying on Vulnerable Job Seekers
It’s that time of year when many folks look forward to seeing family members near and far. In the context of the pandemic, however, the CDC and many state and local officials are recommending that folks avoid travel and gatherings with those outside of the immediate household. Given the workplace impact of employees’ holiday travel – with possible infections, exposures, and quarantines – employers are wondering whether they can prohibit employees from traveling during the holidays. And the answer, of course: It’s complicated.
Continue Reading It’s The Holiday Season – Can Employers Restrict Personal Travel?
In this new pandemic world, employers are grappling with many questions. One of them is when can they require employees to provide the results from any COVID-19 tests that they have taken, in the context of granting leave and returning to work.
Continue Reading When Can Employers Require Employees to Provide COVID-19 Test Results?
As the United States still struggles with testing capacity for active COVID-19 infections, employers are increasingly asking “may we require our employees be tested for the presence of COVID-19 antibodies?” This is particularly true following the Equal Employment Opportunity Commission’s position that employers were permitted to test for the presence of active COVID-19 infection, set forth in its What You Should Know About COVID-19 resource (Q&A 6).
Continue Reading COVID-19 Antibody Testing: Useful Screening Tool or Impermissible Medical Examination?
The Small Business Administration (SBA), in consultation with the Department of the Treasury, updated its Frequently Asked Questions (FAQs) to address the “necessity certification” in the Paycheck Protection Program (“PPP”) loan application and to extend the repayment period of “unnecessary” PPP loans to May 18 in order to allow entities to review the new guidance. The loan application requires certification that “[c]urrent economic uncertainty makes this loan necessary to support the ongoing operations of the Applicant.”
Continue Reading PPP Borrowers Who Received Loans of Less than $2 Million Deemed to Have Made Certification in “Good Faith;” Safe Harbor Return Period Extended to May 18