A Summary of OSHA’s Emergency Temporary COVID-19 Standard for Healthcare Settings and Its Guidance for Other Employers

On June 10, 2021, OSHA released its long-awaited Emergency Temporary COVID-19 Standard. Unexpectedly, the standard applies only to workplaces that provide “healthcare” or “healthcare support services,” and in which suspected or confirmed COVID-19 patients are treated, including hospitals, nursing homes, and assisted living facilities, plus emergency responders, home healthcare workers, and employees in ambulatory care …read more »

Some Thoughts for Employers Continuing to Wrestle with Limits on Political and Social Advocacy at Work

In September, I wrote a blog post discussing whether, in light of the charged events of 2020, employers can lawfully restrict employee political or social advocacy at work. We’re now well into 2021, but the political and social environment has not changed. Last week, the Derek Chauvin murder verdict prompted a new wave of employee …read more »

In New Guidance on Religious Discrimination, EEOC Focuses on the Rights to Religious Expression by Employees and by Religious Employers

On January 15, 2021, shortly before President Trump left office, the EEOC issued revisions to its Compliance Manual on Religious Discrimination, last updated in 2008. The document does not have the force of law and is non-binding. Rather, it stakes out the EEOC’s position on covered issues and thereby provides important guidance to employees and …read more »

Ripped From the Headlines: Do Employees Have a Right to Engage in Political or Social Advocacy at Work?

The events of 2020 have created an environment in which an increasing number of people desire to express themselves in the workplace.  This has led to disagreement between employers and employees about whether such expression is legally protected, and thus cannot be prohibited by the employer. The latest and most significant example of this trend …read more »

Does a Privileged Wage and Hour Audit Always Have to Be Turned Over in FLSA Litigation? The Fifth Circuit Says No, and Offers Employers a Roadmap for Keeping Privileged Analysis Out of Litigation

Does merely defending against a wage and hour lawsuit mean that the company must turn over privileged attorney-client analysis to plaintiffs’ counsel? For several years, employers have struggled with this question in part because several lower-court decisions have been interpreted to hold that asserting that the company made a good-faith, reasonable attempt to comply with …read more »

EEOC and OSHA Answer Important Questions Regarding Workplace Reopenings

The EEOC continues to periodically update its technical assistance document entitled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” with the latest updates made on June 17, 2020.  The same day, OSHA released its “Guidance on Returning to Work,” which makes new recommendations in addition to what …read more »

Confirm that Your FFCRA Leave Request Forms Align with DOL Regulations AND the IRS Guidance on Claiming Tax Credits for Leave

Since the passage of the Families First Coronavirus Response Act (“FFCRA”), there has been confusion regarding what “documentation” that employers can and should request from employees who qualify for FFCRA leave. Some of the confusion was addressed in the DOL’s regulations clarifying the documentation requirements. Under the regulations, for both emergency paid sick leave and …read more »

How to Reduce Legal Risk in Your Employment Applications

Employment applications often seem to be a neglected area of employment law compliance efforts.  There are several application questions that were once commonplace, but have become problematic because they increase the risk of claims and, in some cases, have been flatly prohibited.  Below are five suggestions for revamping your company’s template application. Reduce the risk …read more »