By Doug Striker It has been incredibly challenging to keep up with changes in compliance laws for law firms and corporate legal departments over the past couple of years. COVID-19, social justice movements, consumer legislation, and employee expectations and attitudes have all contributed to a fraught compliance landscape. Consider these compliance priorities—identified by … [Read more...] about Target top 5 compliance and HR topics this year
Compliance
EEOC updates guidance related to COVID-19 and ADA
By Mike O’Brien The EEOC recently released updated guidance on the intersection between COVID-19 and major federal employment laws. In particular, the agency explained that COVID-19 may be considered an ADA-protected disability in certain cases. While mild or asymptomatic cases of the illness do not constitute an ADA-protected disability, other more severe cases, including … [Read more...] about EEOC updates guidance related to COVID-19 and ADA
6 things to do when remote workers want to move to another state
By Mike O'Brien Is it a problem for a law office suddenly to have an unplanned, unexpected, and perhaps undesired branch office when an employee moves to another state? Yes! The United States has a national government, state governments, and local governments. They each have powers over employers and make laws that typically apply to and protect people subject to the various … [Read more...] about 6 things to do when remote workers want to move to another state
A staffer hands you a two-week notice: What’s next?
By Paul Edwards It’s 4:30 on a Friday afternoon, and one of your employees knocks on your door asking to come in. They’re avoiding eye contact, they’re fidgety, nervous… This can’t be good news. You imagine accidentally shredded payroll reports, stolen laptops full of client information, or something equally catastrophic. But when the employee tells you what’s going on, it’s … [Read more...] about A staffer hands you a two-week notice: What’s next?
What to do if an employee defies your mandatory vaccination policy
Mandatory vaccination policies have become a touchstone issue for employers in just about every industry. And all of this begs a question of crucial importance: What should you do when employees defy your law office’s mandatory vaccination policy? Your choices: Terminate them immediately Accommodate them immediately None of the above The answer is C, none of the above. … [Read more...] about What to do if an employee defies your mandatory vaccination policy
Religious discrimination and pitfalls for diversity efforts
By Mike O’Brien Religious discrimination An Asian-American engineer who worked for a municipal utility in Stockton, Calif., filed a lawsuit claiming that city officials belonging to the Church of Jesus Christ of Latter-Day Saints (the “Church”) sought to recruit, hire, and promote members of their own faith and that he was denied a promotion because he was a member of the … [Read more...] about Religious discrimination and pitfalls for diversity efforts
Updates and more updates about vaccine mandates
By Mike O’Brien Given the flurry of recent news reports surrounding COVID vaccine requirements, an update about mandates seems, well, mandatory. Like our readers, the authors of these updates look forward to a happier time, when the most pressing issues in HR law are not all somehow pandemic-related. In the meantime, we will do our best to keep you up to date. OSHA sends … [Read more...] about Updates and more updates about vaccine mandates
Firing documentation that makes sense
By Lynne Curry As an expert witness (qualified in court in management best practices, HR, and workplace issues), I’m often handed documentation by attorneys or employers who ask, “What do you think? Will it convince a regulatory agency or jury this employee needed to be fired?” My most frequent answer: “This documentation doesn’t make the case.” Here’s why. It doesn’t … [Read more...] about Firing documentation that makes sense
5 things to do when implementing a vaccine passport policy at your law office
Like many other employers, you might have been undecided about whether to mandate that your employees get the COVID-19 vaccine. However, now that the FDA has fully approved a coronavirus vaccine, namely, the Pfizer BioNTech, you are on much stronger legal ground in requiring that employees get vaccinated. One strategy that may work, especially for offices that aren’t … [Read more...] about 5 things to do when implementing a vaccine passport policy at your law office
Making faces doesn’t count as retaliation
By Mike O'Brien Not every negative consequence amounts to retaliation In asserting a claim for retaliation, an employee must prove he or she suffered a “materially adverse action.” But that probably doesn’t include someone “making faces” at you. In Fisher v. Bilfinger Industrial Services Inc., the employee alleged that his supervisor retaliated against him by (among other … [Read more...] about Making faces doesn’t count as retaliation