Latest Publications

Share:

Employers, Get Ready For A "Bumpy Night"

Plans for the "new" EEOC. As I have posted many times, the Equal Employment Opportunity Commission still has a 3-2 Republican majority, but that will end in July, when former Chair Janet Dhillon's term expires. ...more

Obligatory Academy Award post (Will Smith v. Chris Rock)

Here's how an HR pro would have handled it. There I was, a hard-boiled, cynical, grizzled, war-torn Human Resources professional, working late, as is my wont. Suddenly, my phone rang. Odd to be getting a call at the office...more

ABCs of employment law: Discrimination

A new series. NOTE FROM ROBIN: For months, I've been thinking about doing a series of posts with very basic explanations of the federal laws that govern the workplace. I think the series would be helpful to people who are...more

EEOC Issues New Guidance On Caregiver Bias

With emphasis on the pandemic. On Monday, the Equal Employment Opportunity Commission issued updated guidance on “caregiver discrimination” in the workplace. The guidance emphasizes pandemic-related issues, but it is not...more

Peeping Is Harassment, Even If “Peep-ee” Doesn't See It Going On, Court Says

Of course it is! Every time I think I’ve heard everything, I hear another thing. Melinda Abbt was a firefighter for the City of Houston. On her own personal computer, she had a video of herself dancing nude. She made the...more

Nonbinary info to be added to EEO-1 reports?

Don't be surprised. A spokesperson for the Equal Employment Opportunity Commission has told Bloomberg Law that the agency is thinking about adding information about nonbinary employees to the EEO-1 reports that must be...more

Second guessing the advice columns: Workplace follies

The questions that people send to advice columns! "I sent $10,000 worth of birthday presents to my grandchildren, and not one of them wrote me a thank you note. Can I stiff them next year?" "My boyfriend cheats on me...more

Biden signs #MeToo arbitration limit into law

Employers can't require arbitration of sexual harassment, assault lawsuits. President Biden has signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. The legislation provides that...more

Biden has a nominee for Breyer's SCOTUS seat

Announcement may be made later today. The New York Times reports this morning that President Biden has selected his nominee to fill the U.S. Supreme Court seat being vacated by Justice Stephen Breyer....more

Artificial Intelligence in HR: A blessing and a curse

How could something so convenient be so risky? Artificial intelligence in Human Resources is the greatest, right? It can screen thousands of applications in nanoseconds and narrow the field just to the types of people with...more

#MeToo arbitration bill passes Senate

And on to President Biden, who is expected to sign. Yesterday, the U.S. Senate passed by voice vote the "Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act." The legislation passed the House on Monday,...more

Biden's Supreme Court nominee -- who will she be?

Biden promises a nominee by end of February. Justice Stephen Breyer has announced his retirement from the U.S. Supreme Court effective sometime this summer, presumably to guarantee that President Biden rather than a...more

What’s next for OSHA and COVID vaccine mandates?

The Occupational Safety and Health Administration officially withdrew its COVID-19 vaccination Emergency Temporary Standard, effective today. The government has also asked that the ETS litigation (NFIB v. U.S. Department...more

OSHA withdraws vaccine ETS, but there may be more to come

Where does OSHA go now? The Occupational Safety and Health Administration, I'm sure you've heard, officially withdrew its COVID-19 vaccination Emergency Temporary Standard, effective today...more

Supreme Court Lets Health Care Vaccine Mandate Go Forward Nationwide

Two justices flip to the other side. The Supreme Court voted 5-4 today to stay two injunctions that were keeping a vaccine mandate issued by the Centers for Medicare & Medicaid Services from taking effect in 25 states...more

More on the SCOTUS "vax-or-test" decision

I won't be as giddy as I was yesterday. As almost everyone knows, the U.S. Supreme Court yesterday reinstated a stay on the "vax-or-test" mandate issued by the Occupational Safety and Health Administration. As a result,...more

Highlights from the OSHA vaccine ETS argument at the Supreme Court

While we wait. I was really hoping that by yesterday the Supreme Court would have stayed the Emergency Temporary Standard that was issued by the Occupational Safety and Health Administration. Maybe today?...more

Today's the day!

Supreme Court argument on OSHA ETS starts at 10 a.m. ET. The U.S. Supreme Court will hold oral argument today at 10 a.m. Eastern on the COVID-19 vaccination Emergency Temporary Standard issued by the Occupational Safety...more

SCOTUS to hear arguments on OSHA, health care vax mandates Jan. 7

Let's start off 2022 with a bang! On Friday, January 7, the U.S. Supreme Court will hear arguments on two of the Biden Administration's COVID-19 vaccination mandates -- the Emergency Temporary Standard issued by the...more

SCOTUS orders government to respond to ETS challenges

The Emergency Temporary Standard issued by the Occupational Safety and Health Administration was stayed on November 6, but the stay was lifted on Friday night. Opponents of the ETS immediately asked for Supreme Court...more

BREAKING: OSHA vaccine ETS is upheld by court

Opponents of the ETS have requested Supreme Court review. In a decision issued last night, the majority of a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit upheld the Emergency Temporary Standard on...more

Federal Vaccine Mandates: Where Employers Stand Now

This week in Vaccine Mandate/Injunction Land. Well, kids, it's been another riotous week in the world of federal vaccine mandates. Here is where everything stands as of Friday morning Eastern Time, December 17, 2021:...more

Yes, Virginia, COVID-19 Can Be A Disability

From my blog inbox . . . "DEAR ROBIN: I am 8 years old. "Some of my little friends say that COVID-19 is not protected by the Americans with Disabilities Act. "Papa says, 'If you see it in EMPLOYMENT AND LABOR...more

Vax mandate FAQs!

This week's vaccine wisdom (subject to change at any time). Is my company required to mandate vaccinations for employees? Possibly. Apart from the mandate for federal employees, there are three types of COVID vaccination...more

On vaccine ETS, OSHA stands down, Sixth Circuit wins lottery

Wild times. The Occupational Safety and Health Administration has posted this on its COVID-19 and Vaccine Emergency Temporary Standard web page (emphasis is mine):...more

966 Results
 / 
View per page
Page: of 39

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide