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You are here: Home / Archives for topics / Compliance
WORKPLACE SAFETY

Can we use a contact tracing app to protect our business and employees?

November 20, 2020 by

By Lynne Curry bio Question: Every morning we conduct wellness checks on our employees as they arrive at work, but worry that some employees don’t monitor physical distancing when not at work. We’re barely hanging on as a practice, but all it would take is one employee getting COVID and infecting our other employees to shut us down. We have heard apps can provide real-time contact tracing and wonder if we can require our employees to wear them even when not at work? Answer: Potentially. According to the Occupational Safety and Health Administration, employers must act to reduce and manage COVID-19-related hazards in the workplace. Employers can view video surveillance that shows when employees clock in and out and reveal an employee’s interactions while at work. Employers can provide employees… . . . read more

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COMPLIANCE

How to Create a Legally Sound Substance Abuse Policy

November 10, 2020 by

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 so much that it’s illegal, but because it renders employees unfit to do their job. In addition to undermining the productivity you’re entitled to expect from your employees, this unfitness for duty may pose a health and safety dangers to not only the employee who’s high but others in the office. Here are 14 things to include in your Substance Abuse and Fitness for Duty Policy, along with a… . . . read more

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EMPLOYMENT LAW UPDATE

The workplace in 2020: political talk, COVID-19 violence, executive order

October 24, 2020 by

By Mike O’Brien bio Don’t forget labor relations rules when employees talk politics at work During this contentious election season—with a highly polarized American electorate—many employers may be grappling with problems arising from workplace political discussions. Research by the Society for Human Resource Management (SHRM) has indicated that more than a quarter of workers report regularly talking about politics at work. Disputes and tension often result. Employers wishing to regulate political speech at work should remember that the National Labor Relations Act (NLRA) may affect their options. Although employees often assert that they have a First Amendment right to free speech, this is a misconception. The First Amendment restricts government action, not that of private employers. However, Section 7 of the NLRA gives employees the right to talk to each… . . . read more

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TOOL

Model visitors’ waiver of COVID-19 infection liability form

October 21, 2020 by

As long as COVID-19 remains a threat, you run the risk of being sued by clients, vendors, guests and other visitors (“visitors”) who claim they contracted the virus at your office as a result of your inadequate safety measures. One way to limit liability is having visitors sign a form agreeing to waive their rights to sue you for COVID-19 infections before entering the office. Although there’s no guarantee that a court would enforce such a waiver, the Model Form below uses fairly conservative language that has been found to be enforceable in other situations. Caveat: The inclusion of the phrase purporting to insulate you against your own negligence in Sections 3 and 4 is fairly risky and you may want to talk to counsel about whether to use it… . . . read more

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COMPLIANCE

Using waivers to avoid getting sued for COVID-19 infections

October 21, 2020 by

In these times of pandemic, signs and forms like this purporting to shield the owner of a facility against liability have become a fixture in workplaces and other facilities. You might even be using them at your own office. The idea is to notify clients, vendors and other visitors (which, for simplicity’s sake, we’ll refer to collectively as “visitors”) that they’re entering the facility at their own risk and in so doing, waiving their rights to sue the owner for any illness or injury they suffer while on the premises. Of course, that includes COVID-19 infection. It seems like a simple, cost-effective way to limit liability risks to visitors who may claim they got infected while they were at your office. But will it work? The answer may depend, in… . . . read more

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Contractors, COVID and stereotyping on HR radar

October 9, 2020 by

By Mike O’Brien bio DOL tries to clarify independent contractor definition The US Department of Labor (DOL) has proposed what it believes is a simplified definition of independent contractor (IC) for purposes of applying wage provisions of the Fair Labor Standards Act (FLSA), which applies only to employees. The new DOL proposal still focuses on the factors of economic reality, but tries to clarify how to apply them. DOL says employers first should focus on two core factors: (1) the nature and degree of the worker’s control over the work and (2) the worker’s opportunity for profit or loss based on initiative and/or investment. If both factors point to either employee status or IC status, that probably is the right classification. If not, DOL says three additional factors must be… . . . read more

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Quiz

Office’s duty to protect returning employees from COVID-19 discrimination and harassment

October 4, 2020 by

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 douse his hands in germicide and don rubber gloves each time he touches a piece of equipment. Worse, his supervisor harasses him and calls him “virus boy.” After weeks of putting up with it, Max complains to office management. But his complaints fall on deaf ears and he continues to be ostracized and made to take extraordinary safety and hygiene measures not required of anybody else. So,… . . . read more

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Employment Law Update

New COVID-19 guidance for you from EEOC

September 29, 2020 by

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 that the required COVID-19 tests are accurate and reliable according to the FDA, CDC, and other public health authorities. If an employer wants to test only one employee, however, the employer should have a reasonable objective belief that he/she might have the disease. The EEOC says an employer can ask employees whether they have had contact with anyone diagnosed with COVID-19 or who may have symptoms associated with the disease, but should not phrase that… . . . read more

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COVID Q&A

5 questions on the virus and your law office

September 29, 2020 by

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 “work starts Monday” text with “thanks, but no thanks.” The other emailed he needed a raise if we wanted him back. We called him and said, “that’s not in the cards, we’re barely squeaking by.” He said he made more money on unemployment than working, so there was no real percentage in returning to work. What do we do with this? Answer: A condition… . . . read more

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COMPLIANCE

What, if anything, does OSHA require you to do to protect telecommuters?

September 18, 2020 by

While telecommuting is nothing new, the imperative for using it has never been greater. In addition to all the cost-saving, work-life balance, recruiting and hiring advantages, letting employees work from home during a pandemic has become a vital infection control measure. But it also poses significant compliance challenges, particularly in the realm of OSHA. After all, how are you supposed to meet your duty to protect the health and safety of office employees if they work from home at a location beyond your physical control? This article will provide the answer. Spoiler alert: OSHA requirements don’t generally extend to employees working from home; but you still can and should take some basic steps to ensure their health and safety. OSHA & telecommuters The Occupational Safety and Health Act (Section 4(a))… . . . read more

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