Good news!
The U.S. Equal Employment Opportunity Commission said in a letter yesterday to a number of employer groups that it will be issuing guidance on employer incentives to encourage employees to get their COVID...more
Bless this employer's heart.
Ten years ago or so, every employment lawyer and his sister was calling the interaction between workers' compensation, the Family and Medical Leave Act, and the Americans with Disabilities Act...more
4/9/2021
/ Americans with Disabilities Act (ADA) ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Light-Duty Positions ,
Paid Sick Leave ,
Pregnancy Disability Leave Law ,
Reasonable Accommodation ,
Termination ,
Wage and Hour ,
Workers' Compensation Claim ,
Workplace Injury
Here are some suggestions for making it painless.
Although the Director of the Centers for Disease Control and Prevention has a feeling of "impending doom" about COVID-19, many employers are ready to get back to normal. ...more
4/1/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Child Care ,
Coronavirus/COVID-19 ,
Pregnancy ,
Reasonable Accommodation ,
Religious Exemption ,
Remote Working ,
Return-to-Work Agreements ,
Telecommuting ,
Vaccinations
For 2019 and 2020.
The U.S. Equal Employment Opportunity Commission has announced that it will collect employers' EEO-1 Component 1 data for 2019 and 2020 starting April 26 and running through July 19...more
Science!
Wednesday was Equal Pay Day, the day on which women's pay finally catches up to that of their male counterparts.
They say that a woman has to work from January 1 through March 24, 2021, in addition to all of...more
3/26/2021
/ Caregivers ,
Child Care ,
Coronavirus/COVID-19 ,
Equal Pay ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Hospitality Industry ,
Pay Gap ,
Remote Working ,
Sex Discrimination ,
Wage and Hour
He'll be sworn in tonight.
Yesterday the U.S. Senate voted 68-29 to confirm (former) Boston Mayor Marty Walsh to be Secretary of Labor. Last night, Mr. Walsh resigned as Mayor of Boston...
...more
Here's the "carrot," after last week's "stick."
Last week, I wrote about the "Notorious Nine" mistakes that employers make when dealing with the Equal Employment Opportunity Commission. Today I'll be more positive, and...more
There's a new sheriff in town . . . . . .
so y'all better straighten up.
You probably know by now that the Biden Administration fired Sharon Fast Gustafson, the Trump-appointed General Counsel of the Equal Employment...more
3/12/2021
/ Age Discrimination ,
Biden Administration ,
EEO ,
EEOC General Counsel ,
Employee Training ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
Harassment ,
Joe Biden ,
Mediation ,
Medical Leave ,
Policies and Procedures ,
Race Discrimination ,
Reasonable Accommodation ,
Retaliation ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Wage and Hour ,
Wrongful Termination
And that's not all!
Nail in the coffin for Trump Order on "divisive" training. In January, President Biden signed an Executive Order that revoked Trump Executive Order 13950. As Cara Crotty has written, the Trump E.O....more
3/5/2021
/ Coronavirus/COVID-19 ,
Delays ,
Department of Labor (DOL) ,
Diversity ,
Employee Training ,
Executive Orders ,
Federal Contractors ,
Independent Contractors ,
Infectious Diseases ,
Inspector General ,
Joe Biden ,
NLRB ,
NLRB General Counsel ,
Occupational Exposure ,
OIG ,
OSHA ,
Subcontractors ,
Trump Administration ,
Wage and Hour
Vaccines, unemployment, and more!
I had a COVID return-to-work quiz back in May, but a lot has changed since then, so I thought it might be fun to do an updated version. So . . .
How much do you know about COVID in the...more
2/26/2021
/ Americans with Disabilities Act (ADA) ,
Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Documentation ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Human Resources Professionals ,
Incentives ,
Layoffs ,
Masks ,
Quarantine ,
Reasonable Accommodation ,
Religious Exemption ,
Social Distancing ,
Trump Administration ,
Unemployment ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Greg Giangrande of the New York Post nailed it this week.
If you don't read his weekly "Go To Greg" workplace advice column in the New York Post, you are missing out.
This week, Greg answered a letter from someone who had...more
The latest.
President Joe Biden has nominated Jennifer Abruzzo, special counsel with the Communication Workers of America union, to be General Counsel of the National Labor Relations Board. This is the position that was...more
Marty moves ahead!
The Senate Health, Education, Labor and Pensions Committee voted 18-4 yesterday to send the nomination of Boston Mayor Marty Walsh to the full Senate, where he is expected to be confirmed...more
Just because you can, should you?
As most of our readers know, the Equal Employment Opportunity Commission said in December that employers can legally require employees to get COVID vaccinations, provided that they take a...more
And more!
It's been another busy week at Chez Biden. I will dive right in.
NLRB Acting General Counsel Peter Ohr withdraws 12 memos by former GC Peter Robb. Of course, the withdrawn General Counsel memoranda were relatively...more
Tougher EEOC and OFCCP, a legal challenge at NLRB, and more.
NOTE FROM ROBIN: In this limited-edition "Biden Time" series, I provide regular updates on the new President's appointments and other actions that will be of...more
1/29/2021
/ Biden Administration ,
Cause Determination Finding ,
Conciliation ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Independent Contractors ,
Mediation ,
NLRB ,
NLRB General Counsel ,
OFCCP ,
Opinion Letter ,
Race Discrimination ,
Tip-Pooling ,
Unfair Labor Practices ,
Videoconference ,
Wage and Hour
Don't worry - the rest of this post is in English.
Employees at a French factory are reportedly up in armes because their employer plans to require them to wear "social distancing" alarms while on the job...more
He's not letting the grass grow under his feet.
NOTE FROM ROBIN: When President Trump took office in 2016, I had a series of "Trumpdates," in which I provided regular updates on appointments and other actions he was taking...more
Yippee.
Last May the Equal Employment Opportunity Commission suspended its collection of EEO-1 (and EEO-3 and EEO-5) data because of the coronavirus pandemic. According to the agency,
Recognizing the impact that the...more
The EEOC is extending its mediation program until September 30.
I have long been a fan of the voluntary mediation program offered by the U.S. Equal Employment Opportunity Commission. As most of you know, the program allows...more
Some Q and A.
Last week (while I was on vacay), the Equal Employment Opportunity Commission issued proposed regulations on wellness programs and the Americans with Disabilities Act and the Genetic Information...more
1/15/2021
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Employer Group Health Plans ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Register ,
GINA ,
Health Insurance ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Medical History ,
Risk Assessment ,
Safe Harbors ,
Voluntary Participation ,
Wellness Programs
No, I did not read all 5,600 pages of that legislation!
According to Bloomberg Law, the stimulus package passed by Congress on Monday night does not include an extension of the Families First Coronavirus Response Act...more
Predictions from our attorneys in the practice areas that affect employers.
NOTE FROM ROBIN: The following went out as a legal bulletin on Thursday. I'm reproducing it here for those of you who do not subscribe to our...more
12/18/2020
/ Affirmative Action ,
Biden Administration ,
Compliance ,
Congressional Review Act ,
Data Privacy ,
Department of Labor (DOL) ,
Electoral College ,
Employee Retirement Income Security Act (ERISA) ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
H-1B ,
Immigration ,
Multistate Employers ,
NLRA ,
NLRB ,
OFCCP ,
OSHA ,
Presidential Elections ,
Race Discrimination ,
Religious Exemption ,
Sexual Stereotyping ,
Title VII ,
Trump Administration ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) ,
Wage and Hour
And employers will like it.
NOTE FROM ROBIN: This is the text of a Legal Bulletin that we sent out today. I am posting it here for those of you who don't subscribe to our bulletins.
The U.S. Equal Employment Opportunity...more
12/17/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Emergency Use Authorization (EUA) ,
Employee Rights ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Food and Drug Administration (FDA) ,
GINA ,
Health Care Providers ,
New Guidance ,
OSHA ,
Personal Information ,
Pharmacies ,
Reasonable Accommodation ,
Religious Accommodation ,
Title II ,
Title VII
It's official! (Well, close enough.)
This evening, the Electoral College confirmed Joseph R. Biden as winner of the 2020 Presidential election. Congress will not do an official count of the electoral votes until January 6,...more
12/15/2020
/ Discrimination ,
Electoral College ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Harassment ,
Joe Biden ,
NLRB ,
OSHA ,
Personal Protective Equipment ,
Wage and Hour ,
Workplace Safety