Although COVID-19 is still very much present, we see improvement in the COVID-19 numbers, and the Centers for Disease Control and Prevention (CDC) has now significantly eased their mask recommendations– although not entirely. Employers may wish to review their workplace masking requirements and other COVID-19 protocols in light of the new guidance, as well as the diminishing restrictions at the state and local level. Continue Reading What the CDC’s Latest Mask Guidance Means for Employers

Is it considered identify theft? Interview fraud? Maybe something like the prank that Jim and Pam pulled on Dwight when they replaced Jim with an actor? Whatever it is, employers should beware that applicants are no longer just puffing the proficiency of their skills, but have come up with surprisingly bold and creative ways to fraudulently secure a job through the virtual interview process.

One recent example of what the New York Times terms “extensive image creation” was reported by askamanager.org. A company’s new hire turned out not to be the same person that was interviewed for the position. After three rounds of interviews, one of the hiring managers noticed that something was off with their new hire after a little over a week on the job. The first signs that something was afoot included the new hire wearing glasses when he had worn none during his interview, and he had completely different hair. The new hire had previously made references to being single during his interview from an indoor desk area, but he now spoke with coworkers about having to work in the garage because his three children and wife were at home. He also “re-introduced” himself to an HR Business Partner who was on two of three rounds of interviews and had extensive discussions with the new hire. Even more, the new hire couldn’t answer questions which were pivotal to the position even though they were previously confidently and articulately discussed in the interview.

Continue Reading Who are you and what did you do with my job candidate?

Although the Occupational Safety and Health Administration’s attempt to issue a general workplace COVID standard was unsuccessful, employers should not assume that they are off the hook with regard to COVID preventative measures, as one company recently learned.

The U.S. Department of Labor recently issued a press release to announce its citation of an auto-parts supplier for failing to protect its workers against COVID-19 in the workplace. This press release effectively warns other employers to comply with CDC and OSHA workplace guidance on COVID-19 prevention and remediation. Although there is no current COVID-specific standard, OSHA is making good on its commitment to use existing standards, including the General Duty clause, which requires employers to provide a work environment “free from recognized hazards that are causing or are likely to cause death or serious physical harm.”

Continue Reading Employers, Don’t Ignore COVID Just Because the Vax-or-Test ETS Is Gone

A new federal law allows employees to avoid arbitration agreements with respect to sexual harassment or sexual assault claims.  The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 applies to pre-dispute arbitration agreements, such as those included in employment contracts or stand-alone arbitration agreements entered into at the time of hire.  Many employers have adopted arbitration agreements because such agreements can contain enforceable waivers of the right to bring collective or class actions.  They also avoid the risk of run-away jury verdicts.

Continue Reading New Law Lets Sexual Harassment Claimants Get Out of Arbitration Agreements

Here’s another entry in our occasional series of really bad behavior in the workplace – police officers who decided to continue playing Pokémon Go rather than respond to a robbery in progress! And then had the chutzpah to challenge their firing despite the fact that their gaming activity – and astonishing decision not to respond to the call for assistance with the robbery – was recorded by their in-car video-system!

Continue Reading Extraordinary Workplace Misconduct: No Pokémon Go While Policing!!

In our occasional series spotlighting outrageous workplace conduct, we have come across an incredible, albeit petty, means of payment: pennies. Rarely does the inconsequential piece of copper find itself in the headlines. But, one former employee likely saw enough pennies in one day to last him a lifetime.

Continue Reading Extraordinary Workplace Misconduct: Petty Pennies

On January 25, 2022, the Occupational Safety and Health Administration announced that it was withdrawing its beleaguered Emergency Temporary Standard that required employers with 100+ employees to mandate employees to be vaccinated or subject to weekly COVID-19 testing. With this action, the vax-or-test mandate is no more – for now. However, healthcare employers should be aware that, in addition to the Center for Medicare and Medicaid Services’ vaccine mandate that was recently allowed to take effect by the Supreme Court, they will soon be subject to a permanent standard replacing the healthcare ETS that OSHA previously withdrew in December 2021.  Continue Reading OSHA Withdraws Vax-or-Test ETS, Plans to Issue Permanent Healthcare Standard

[UPDATE – The DOL seems to have removed the fact sheet from its website – but we captured a printout. We also note that the fact sheet referenced the Vax-or-Test ETS as if it were still in existence; perhaps that’s why it was pulled. Be warned that the printout is NOT official and, according to the DOL, should NOT be relied upon! In other words, you won’t be able to cite to the guidance, but we believe the general FLSA principles will likely not change in any future guidance.]

For much of the past year or so, employers have struggled with the question of whether they must pay employees for the time spent getting vaccinated against or tested for COVID-19, particularly during off-duty hours. The U.S. Department of Labor has finally issued guidance on this issue under the Fair Labor Standards Act. Continue Reading The DOL (Finally!) Provides Guidance on Compensability of COVID Testing/Vaccination Time!

Determining pay based on gender is wrong. It’s also pernicious. The domino effect of an inappropriately depressed starting wage can impact pay for one’s lifetime. It’s also illegal under Federal and State anti-discrimination laws; pay decisions must be based on the job, not protected characteristics, including a person’s gender. Beyond these laws, which often address alleged violations after-the-fact, pay equity increasingly is being dealt with by State laws prohibiting inquiries about past salary and/or that require employers to provide applicants with salary ranges for the job they are seeking. The goal is to head off discrimination and stop the dominos from tumbling toward a lifetime of depressed wages. All of these laws are premised on the statistics that show women earn roughly 83 % of wages earned by men.

Continue Reading Pay Equity – What’s Good for the Gander is Good for the Goose?

As predicted by most legal observers, a split U.S. Supreme Court has stayed the Occupational Safety and Health Administration’s Emergency Temporary Standard (ETS) requiring employers with 100+ employees to mandate vaccinations or weekly testing/face coverings for their workforce. However, it has lifted the partial stay of the Center for Medicare and Medicaid Services’ (CMS) Interim Final Rule mandating vaccination of workers of most Medicare- and Medicaid-certified healthcare entities. Continue Reading Supreme Court Stays Vax-or-Test ETS But Allows CMS Vaccine Mandate – What Employers Need to Know