Picture this: COVID-19 cases are surging. Your state or city is in full lockdown mode. That means, among other things, that outdoor gatherings of more than 50 people aren’t allowed. So, it disturbs you to turn on the Sunday news and see hundreds of people crowding together to demonstrate right in the middle of downtown. And then it gets personal. You recognize one of those … [Read more...] about Disciplining employees for not following COVID-19 restrictions when they are off-duty
Workplace Safety
Can you require staff to get the COVID-19 vaccination?
Although it’s clearly a positive development for the world at large, the almost miraculous emergence of a vaccine for COVID-19 in less than a year poses legal challenges for. The Question: Can employers require their workers to get the vaccine? Bottom Line on Top: The answer is probably but not 100 percent certainly YES. And even if a mandatory vaccine policy is justifiable, … [Read more...] about Can you require staff to get the COVID-19 vaccination?
Has OSHA done enough to enforce COVID-19 safety rules?
Even after the election and swearing in of the new President, federal government response to the COVID-19 pandemic remains a politically charged issue. One area of contention involves whether OSHA has done enough to protect workers exposed to the virus. On Jan. 8, the agency issued a statistical report documenting its COVID-19 enforcement efforts starting with the beginning of … [Read more...] about Has OSHA done enough to enforce COVID-19 safety rules?
What do we do about employees who refuse vaccination?
By Lynne Curry bio Question: What do we do if our employees refuse to get vaccinated? Several dozen employees have stated they don’t want the vaccine, as doctors don’t know enough about the vaccine’s long-term side effects. They point out that the Food and Drug Administration sanctioned the vaccines through an emergency use authorization procedure and rushed the vaccines … [Read more...] about What do we do about employees who refuse vaccination?
EEOC issues COVID-19 vaccine guidance
By Mike O'Brien bio On Dec. 16, 2020, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 guidance to include a section devoted to vaccinations. The EEOC’s guidance answers these and other COVID-19 vaccine questions: “Is asking or requiring an employee to show proof of receipt of a COVID-19 vaccination a disability-related inquiry?” “If an employer … [Read more...] about EEOC issues COVID-19 vaccine guidance
Does your law office owe employees paid sick leave when they self-quarantine?
By Lynne Curry bio Question: After I spent a weekend bar hopping, I felt remorseful, and self-quarantined so I wouldn’t bring COVID into my workplace and make others ill. I also took a COVID-19 test and luckily tested negative. Since my law office employer had moved everyone back on-site, I couldn’t work remotely and labeled my time off as sick leave. I just got my paycheck … [Read more...] about Does your law office owe employees paid sick leave when they self-quarantine?
Can we use a contact tracing app to protect our business and employees?
By Lynne Curry bio Question: Every morning we conduct wellness checks on our employees as they arrive at work, but worry that some employees don’t monitor physical distancing when not at work. We’re barely hanging on as a practice, but all it would take is one employee getting COVID and infecting our other employees to shut us down. We have heard apps can provide real-time … [Read more...] about Can we use a contact tracing app to protect our business and employees?
Model Policy: Substance Abuse and Fitness for Duty
Workplace substance abuse remains a major challenge for law offices. Although sound in principle, the traditional zero tolerance policy is ill-suited to the legal complexities of the modern world. This is especially true in states that have legalized marijuana. You can still take a clear and firm line on employee drug and alcohol abuse for the purpose of health and safety. But … [Read more...] about Model Policy: Substance Abuse and Fitness for Duty
How to create a legally sound substance abuse policy
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
The workplace in 2020: political talk, COVID-19 violence, executive order
By Mike O’Brien bio Don’t forget labor relations rules when employees talk politics at work During this contentious election season—with a highly polarized American electorate—many employers may be grappling with problems arising from workplace political discussions. Research by the Society for Human Resource Management (SHRM) has indicated that more than a quarter of workers … [Read more...] about The workplace in 2020: political talk, COVID-19 violence, executive order