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
Compliance
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
Disability discrimination and lookism in the workplace
By Mike O’Brien EEOC sues a work placement agency on behalf of disabled workers for disability discrimination The EEOC announced this week that it has filed suit under the Americans with Disabilities Act (ADA) against a Hawaii work placement agency for disabled workers. The suit alleges that the agency refused to provide sign language interpreters for deaf employees, despite … [Read more...] about Disability discrimination and lookism in the workplace
Beware of privacy pitfalls when remotely monitoring telecommuters
Before the pandemic, 80 percent of U.S. employees worked primarily from an external workplace; today, only 21 percent do. Coaxing employees to return to the workplace will be an uphill battle, with recent surveys, including one from Pew Research, suggesting that 54 percent of those who are currently working remotely want to continue spending at least some of their working hours … [Read more...] about Beware of privacy pitfalls when remotely monitoring telecommuters
Tool: Model Remote Monitoring of Telecommuters Policy
Letting employees telecommute poses significant operational and management challenges to employers, not the least of which is ensuring that employees are actually doing their jobs and meeting expected productivity standards when working from home. Software, apps and other monitoring technology can go a long way in meeting this goal; but it can also get you into hot water under … [Read more...] about Tool: Model Remote Monitoring of Telecommuters Policy
Wage whispers: Can we stop salary talk?
By Paul Edwards When one employee finds out another employee makes more money, it can send ripples throughout your entire workplace. In light of the morale damage this kind of talk can cause, you may be tempted to tell employees not to discuss salaries at all. The problem is employees have a legal right to discuss their salaries with other employees because of existing NLRA … [Read more...] about Wage whispers: Can we stop salary talk?
Who has OSHA responsibility for the health & safety of a temp?
What are your OSHA duties to temporary workers (“temps”) whom you hire from a temp agency to work at your firm? Stated differently, are you or the temp agency responsible for the temp’s health and safety? Here’s a set of scenario quizzes that illustrate how the rules work. SCENARIO 1: RESPONSIBILITY FOR HAZCOM TRAINING The Temps R’Us Agency (Agency) assigns an employee to … [Read more...] about Who has OSHA responsibility for the health & safety of a temp?
Three White House announcements for employers
By Mike O'Brien bio President Biden calls on employers to provide paid time off for employees to get vaccinated In a White House press release dated April 21, 2021, President Biden called “on every employer in America to offer full pay to their employees for any time off needed to get vaccinated and for any time it takes to recover from the after-effects of vaccination.” The … [Read more...] about Three White House announcements for employers