Make it all about fitness for duty, rather than zero tolerance Although it may sound good, zero tolerance may not be the best foundation on which to build a legally enforceable workplace substance abuse policy. This is especially true in states that have legalized recreational marijuana. The reason drug and alcohol use and impairment in the workplace cannot be tolerated isn’t … [Read more...] about How to create a legally sound substance abuse policy
Risk management
Model waiver of COVID-19 infection liability sign to post at your law office
As long as COVID-19 remains a threat, you run the risk of being sued by clients, vendors, guests and other visitors (“visitors”) who claim they contracted the virus at your office facility as a result of your inadequate safety measures. One way to limit liability is by conspicuously posting a sign at the entry of your facility indicating visitors’ agreement to waive their … [Read more...] about Model waiver of COVID-19 infection liability sign to post at your law office
Contractors, COVID and stereotyping on HR radar
By Mike O'Brien bio DOL tries to clarify independent contractor definition The US Department of Labor (DOL) has proposed what it believes is a simplified definition of independent contractor (IC) for purposes of applying wage provisions of the Fair Labor Standards Act (FLSA), which applies only to employees. The new DOL proposal still focuses on the factors of economic reality, … [Read more...] about Contractors, COVID and stereotyping on HR radar
Office’s duty to protect returning employees from COVID-19 discrimination and harassment
SITUATION Fully recovered from his bout with COVID-19, Max is thrilled and excited to return to his custodian job after 14 days of mandatory home isolation. But almost immediately, he senses that something is wrong. His co-workers shun him and leave the room the moment he enters. And, while hygiene and handwashing are de rigueur for all maintenance staff, Max alone is required … [Read more...] about Office’s duty to protect returning employees from COVID-19 discrimination and harassment
New COVID-19 guidance for you from EEOC
By Mike O’Brien bio The Equal Employment Opportunity Commission (EEOC) recently updated its COVID-19 guidance page, addressing a number of issues. Here are some of them: On coronavirus testing, the EEOC said general testing administered by employers consistent with current CDC guidance will meet the ADA’s “business necessity” standard, and noted that employers should ensure … [Read more...] about New COVID-19 guidance for you from EEOC
Take advantage of case management software benefits
By Elizabeth Miller bio Case management software is now so popular in law firms that it is rare to hear of a firm that does not have it. The problem is that even though firms have the software, they don’t take advantage of all the benefits. Managing incoming leads and cases Give your law firm an advantage over other firms by providing potential clients with an exceptional … [Read more...] about Take advantage of case management software benefits
Feds say insurers not required to pay for employer return to work COVID-19 testing
Since the public health emergency began, the US government has taken the position that insurers shouldn’t be allowed to make consumers pay for COVID-19 lab tests. But now comes news that insurers will not be put in that same position with regard to return to work screening conducted on employees by their employers. FFCRA rules for COVID-19 test payment The key piece of … [Read more...] about Feds say insurers not required to pay for employer return to work COVID-19 testing
How to create a COVID-19 exposure control plan
For as long as COVID-19 remains a threat, businesses—both essential and nonessential—won’t be allowed to re-open and remain open unless they implement a plan to control workplace infection risks. The challenges posed by COVID-19 are unprecedented and unique and you probably won’t find any great templates in your current policy folders and binders. As a result, you’ll need to … [Read more...] about How to create a COVID-19 exposure control plan
How to create a legally sound COVID-19 medical screening policy
Like so many other law offices during the coronavirus pandemic, you may be considering medically screening your employees each day before letting them into the workplace. While screening is highly problematic in normal times, regulators have grudgingly acknowledged that it may be a justified health and safety measure during the pandemic. The operative phrase is “may be,” which … [Read more...] about How to create a legally sound COVID-19 medical screening policy
Employers need a plan for the pandemic
By Lynne Curry bio your employees ask, “What are we going to do when COVID-19 gets worse in our community?” you can’t say “I don’t know.” If you’re an employer, you need a plan. You need to address what you’ll do to keep your employees as healthy as possible and what your employees can expect from you as their employer. According to Occupational Safety and Health … [Read more...] about Employers need a plan for the pandemic