HR Compliance

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As we discussed in our May 14, 2021 blog post, “Back to Normal for the Fully Vaccinated? What the CDC’s Latest Guidance Means for Employers,” the CDC had previously stated that fully-vaccinated individuals could essentially resume their pre-pandemic, maskless lifestyles, subject to applicable state or local mandates. But the CDC also stated that those individuals were still required to comply with workplace requirements. Given the rapid spread of COVID-19’s Delta variant and the increase in cases, particularly in areas of low vaccination rates, the CDC has now revised its guidance. So what does this mean for employers?
Continue Reading Masks Redux? What Employers Need to Know About the Latest Guidance for Fully Vaccinated Individuals from the CDC

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 healthcare employers should know, the Occupational Safety and Health Administration released a COVID-19 Emergency Temporary Standard (ETS) (extensively discussed in our June 15, 2021 blog post), which became effective on June 21, 2021 . The ETS imposes significant responsibilities and obligations on those employers in the context of the COVID-19 pandemic, and it also teased that OSHA was providing significant resources (including a model plan) to assist with compliance, although most of those resources were nowhere to be found on the OSHA website – until now!
Continue Reading Healthcare Employers Rejoice! OSHA Provides New Compliance Resources (Model Plan!) for Its COVID-19 Emergency Temporary Standard

A workplace rumor, especially a salacious one involving a high echelon employee, can take on a life of its own and reverberate throughout the workplace in unforeseen ways that can result in potential liability to an employer and result in expensive litigation.  The Parker v. Reema Consulting Services, Inc. case provides guidance for employers on the issue of workplace rumors and gossip.
Continue Reading Why Employers Shouldn’t Dismiss Workplace Rumors and Gossip—Courts Aren’t

Well, we’re always playing catch-up with the changing agency guidance on COVID-19 – and the Occupational Safety and Health Administration just juked on its recording requirements for adverse effects to the COVID-19 vaccine. Now, employers will not be required to record such adverse reactions – at least through May 2022.
Continue Reading OSHA Changes Its Recording Requirements for Adverse Reactions to the COVID-19 Vaccine

Just over two weeks after it relaxed its protocols for fully-vaccinated individuals, the Centers for Disease Control and Prevention (CDC) has now issued revised guidance essentially permitting those individuals to resume their pre-pandemic lifestyle, subject to any applicable and differing state and local mandates. Consistent with prior iterations of this guidance, the CDC asserts that “You will still need to follow guidance at your workplace.” So what can employers do now? Well, we’ve now updated our last blog post on this topic (and then further updated to account for OSHA’s latest pronouncement).
Continue Reading UPDATED: Back to Normal for the Fully Vaccinated? What the CDC’s Latest Guidance Means for Employers

So my partners and I have repeatedly written that, under the Americans with Disabilities Act (ADA), employers – not employees – get to choose among available accommodations to enable an employee with a disability to perform their essential job functions or enjoy equal privileges and benefits of employment. (See here and here, for example).  But, as a federal appellate court recently explained, that principle is not without limitation – at least as to reassignment.
Continue Reading “Reassignment is the reasonable accommodation of last resort”

This week, the Centers for Disease Control and Prevention (CDC) further relaxed its COVID-19 protocols for fully vaccinated individuals. Of significance to employers, the CDC continues to assert that such individuals should continue to “[f]ollow guidance issued by individual employers.” But what impact might these looser rules have in the workplace? We had previously offered some guidance the last time the CDC adjusted the rules, and have now updated that guidance.
Continue Reading The CDC’s Revised Rules for the Fully Vaccinated: What This Means for Employers

So said a federal court in tossing an employee’s rather cheeky claims of interference with her rights under the Family and Medical Leave Act, as well as retaliation for taking FMLA leave, when she was fired after taking a trip to Thailand – for which she had previously requested time off and was denied – while on FMLA leave.
Continue Reading “Taking a Trip Is Not Protected Activity Under the FMLA”

Every now and then I read a case where from the beginning when presented with the employer’s handling of a termination, I can see the wheels coming off – so to speak.

Such was the case when I read Matchko v. Kost Tire Distributors, Inc.  The employer laid off (or was he terminated? – more on that later) its 73-year old District Manager, who had received several promotions, had never been disciplined, and had never received negative performance evaluations. He sued, alleging age discrimination under the Age Discrimination in Employment Act and state law.Continue Reading Employers – Make Sure Your Story Makes Sense! (And Is Truthful!)