In recent years, we have advised employers whose employees tested positive for marijuana, but the employee claimed that the positive test resulted from their use of legal CBD oil or related products. Some employers have...more
Earlier this month, Microsoft announced three major changes to its employment practices for U.S. workers. First, Microsoft will no longer use or attempt to enforce non-competition covenants with its workers....more
In recent years, several states have adopted new laws requiring paid sick leave for certain employees. While each state law differs, most of the new legislation specifically provides that employers do not have to pay...more
Over the past year, we have had a number of clients report that applicants or employees who have tested positive for marijuana on company drug tests have blamed the results on their use of legal CBD products. This begs the...more
We once had a client opine that he was looking to acquire a new business and not a lawsuit to go along with it. The risk of buying a company with poor human resource practices or pending claims should make review of labor...more
One unfortunate consequence of the COVID-19 pandemic is the need for some employees to take time from work due to the death of a parent or other close relative who passes away due to the virus. We have had questions from...more
The Second Circuit Court of Appeals rejected a motion last week for a preliminary injunction filed by health care workers who object to a New York state COVID-19 vaccination mandate. The New York mandate contains medical...more
11/12/2021
/ Appeals ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Employment Litigation ,
Employment Policies ,
First Amendment ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Public Health ,
Vaccinations
Last week, the Equal Employment Opportunity Commission issued updates to its questions and answers guidance on the interplay between employer COVID-19 policies and federal anti-discrimination laws. While the revised guidance...more
As more employers are considering (or being legally required to consider) implementing COVID-19 vaccination mandates, they should also consider if and how to ask job applicants about their vaccination status. The federal...more
In recent months, we have reported extensively on the various carrot-and-stick approaches taken by employers to try to incentivize employees to get the COVID-19 vaccine. In recent weeks, we have seen employers frustrated over...more
On Monday, the Food and Drug Administration gave permanent approval to Pfizer’s COVID-19 vaccine. Similar approval of the Moderna vaccine may be forthcoming, with eventual approval of the Johnson & Johnson one-shot...more
Over the past few weeks, we have had a number of clients (not in health care) ask whether they can provide additional paid time off to employees who need to be away from work due to coronavirus-related reasons. While...more
Section 7 of the National Labor Relations Act protects the rights of employees to engage in “concerted activity,” regardless of whether they are members of a union. Concerted activity means two or more employees working...more
6/25/2021
/ Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Retaliation ,
Section 7 ,
Unions ,
Wrongful Termination
In addition to its new COVID-19 emergency temporary standard for health care employers, the Occupational Safety and Health Administration released a companion revision to its general guidance on mitigating and preventing the...more
Last week, a federal district court judge in Texas dismissed a lawsuit filed by a group of Houston hospital workers who object to their employer’s requirement that all employees receive the COVID-19 vaccination. The...more
Earlier this week, the software company Basecamp announced a new policy that bans political or societal discussions on its internal communications systems. This move follows a similar policy adopted last year by Coinbase, a...more
As more Americans receive COVID-19 vaccinations, a number of our clients have asked whether employees who provide proof of such vaccination can be excused from workplace COVID-19 control measures such as mask wearing....more
The above question may be the most frequent one we have encountered from employers in the past several weeks. As more COVID-19 vaccines become available, employers are increasingly curious about the number of their employees...more
We had a recent question from a client about the intersection between a somewhat unusual paid-time-off policy and the treatment of salaried exempt employees under the Fair Labor Standards Act. Under the PTO plan, employees...more
Some employers are considering mandating COVID-19 vaccinations as a condition of employment. While such policies are generally legal (with some religious and disability accommodations included), they could result in claims...more
The availability of effective vaccinations for the COVID-19 virus has many employers contemplating their approach toward inoculating employees. Some employers are considering mandatory vaccination policies, while others are...more
While there are no guarantees that a safe and effective COVID-19 vaccination will be available in the near future, the potential for such vaccine has led employers to begin thinking about how it will impact their workplaces....more
As widespread protests against police use of force continue nationwide, a number of employers have received complaints that employee social media comments on the protests include racist content. Employers naturally hesitate...more
As an alternative to termination, employers faced with employee drug or alcohol policy violations sometimes want to give that person a second chance. Typically, this process involves a commitment by the employee to seek...more
In a well-publicized incident in 2017, Google terminated an employee who circulated a memorandum opposing the company’s diversity program. The employee claimed that innate differences between the sexes made females less...more