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
Managing staff
Office’s duty to protect returning employees from COVID-19 discrimination and harassment
SITUATION Fully recovered from his bout with COVID-19, Max is thrilled and excited to return to his custodian job after 14 days of mandatory home isolation. But almost immediately, he senses that something is wrong. His co-workers shun him and leave the room the moment he enters. And, while hygiene and handwashing are de rigueur for all maintenance staff, Max alone is required … [Read more...] about Office’s duty to protect returning employees from COVID-19 discrimination and harassment
New COVID-19 guidance for you from EEOC
By Mike O’Brien bio The Equal Employment Opportunity Commission (EEOC) recently updated its COVID-19 guidance page, addressing a number of issues. Here are some of them: On coronavirus testing, the EEOC said general testing administered by employers consistent with current CDC guidance will meet the ADA’s “business necessity” standard, and noted that employers should ensure … [Read more...] about New COVID-19 guidance for you from EEOC
5 questions on the virus and your law office
By Lynne Curry bio 1 Pushback from employees who choose to stay on unemployment Question: We didn’t expect the pushback we got from two of our furloughed employees when we called them back to work, particularly as we allow employees to work from home part of the workweek if their work can be accomplished remotely. One ignored two “return to work” emails but responded to a … [Read more...] about 5 questions on the virus and your law office
Telecommuter home office hazard assessment & inspection checklist
While not an OSHA obligation, it’s highly advisable to take measures to protect the health and safety of telecommuting office employees who work from home. How? By having employees seeking approval to telecommute designate a room or area as their home workspace and arranging for somebody to perform a hazard assessment inspection to verify that the workspace is safe, healthy and … [Read more...] about Telecommuter home office hazard assessment & inspection checklist
Are employers responsible/liable for an employee’s home ergonomics, safety and expenses?
By Lynne Curry bio Question: COVID-19 has caused employers large and small to require the employers work from home rather than their employer’s worksites. Word has it that this may continue beyond weeks and months and become the new normal. What is my employer’s responsibility/liability for workplace ergonomics and safety when my home becomes my workplace? Do they need to … [Read more...] about Are employers responsible/liable for an employee’s home ergonomics, safety and expenses?
Coworker exposed all of us to COVID-19
By Lynne Curry bio Question For weeks, “Carolyn” told the five of us in our department that she had allergies whenever any of us asked her about her sneezing. She worked with us in the same building, used the same copier, restroom and office fridge and handled the same coffeepot. I tried to avoid her because she kept forgetting her mask and didn’t seem to understand what six … [Read more...] about Coworker exposed all of us to COVID-19
Use contact logging to ensure law office employees practice social distancing
Managing a law office compliance program in the age of COVID-19 poses new and unprecedented challenges. One of the biggest and most important is ensuring that employees and the persons they interact with on the job follow social distancing requirements. To succeed in this effort, you must have the capability to track actual encounters. One possibility is digital technology, the … [Read more...] about Use contact logging to ensure law office employees practice social distancing
Tool: Model COVID-19 Contact Log Sheet
Maintaining social distancing will be the price that law offices and other businesses will have to pay to reopen and remain open until the COVID-19 threat goes away. But for social distancing to work, there must be a way to track and analyze actual encounters between people at your office. One simple way to gather the essential data is to have employees and visitors complete a … [Read more...] about Tool: Model COVID-19 Contact Log Sheet
Survey shows COVID-19 impact on summer programs, recruiting, and OCI
The National Association for Law Placement, Inc. (NALP) has released the results of two short “pulse” surveys about the impacts of COVID-19 on U.S. legal employers, law schools, and JD students. The surveys, conducted in May, were designed to quantify the rapidly evolving changes in the legal profession and the industry as a result of the pandemic. NALP is following up with a … [Read more...] about Survey shows COVID-19 impact on summer programs, recruiting, and OCI