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COMPLIANCE

5 things to do when implementing a vaccine passport policy at your law office

Like many other employers, you might have been undecided about whether to mandate that your employees get the COVID-19 vaccine. However, now that the FDA has fully approved a coronavirus vaccine, namely, the Pfizer BioNTech, you are on much stronger legal ground in requiring that employees get vaccinated. One strategy that may work, especially for offices that aren’t administering the vaccine for their own employees, is to implement a vaccine passport, i.e., a policy requiring personnel to present proof of their vaccination status to gain entry to the workplace. What is a vaccine passport? A “vaccine passport” is a commonly accepted means of showing that a person has received the COVID-19 vaccine. Some foreign governments are creating official, uniform cards that individuals must display. (Go to this link for a… . . . read more

EMPLOYMENT LAW UPDATE

Watch for vaccine mandate and outcome of remote work lawsuit

By Mike O’Brien  Watching for OSHA’s new vaccine mandate rule President Joe Biden has instructed the United States Department of Labor Occupational Safety and Health Administration (OSHA) to develop an emergency rule that will require private-sector employers with 100 or more employees to mandate that their employees be vaccinated or receive a weekly negative COVID-19 test. Employers who fail to do so will face fines. In addition, regardless of employee headcount, OSHA will require all federal contractors to mandate vaccinations for their employees with no option for employees to receive weekly testing instead. Similarly, OSHA will require all employers in healthcare settings that receive Medicare or Medicaid reimbursement to mandate employee vaccinations, with no weekly testing option. President Biden’s announcement was welcomed by many business leaders but criticized by Republican… . . . read more

EMPLOYMENT LAW UPDATE

Disability discrimination and lookism in the workplace

By Mike O’Brien EEOC sues a work placement agency on behalf of disabled workers for disability discrimination The EEOC announced this week that it has filed suit under the Americans with Disabilities Act (ADA) against a Hawaii work placement agency for disabled workers. The suit alleges that the agency refused to provide sign language interpreters for deaf employees, despite repeated requests by several deaf individuals. The workers had asked for interpreters to be present at staff meetings where matters such as work safety, protocols, and assignments were discussed. Despite these requests for accommodation, the agency declined to provide interpreters and instead gave the deaf workers written notes and handouts, or asked a deaf employee to interpret for other deaf employees. The EEOC asserts that these accommodations were ineffective and that as a… . . . read more

COMPLIANCE

Beware of privacy pitfalls when remotely monitoring telecommuters

Before the pandemic, 80 percent of U.S. employees worked primarily from an external workplace; today, only 21 percent do. Coaxing employees to return to the workplace will be an uphill battle, with recent surveys, including one from Pew Research, suggesting that 54 percent of those who are currently working remotely want to continue spending at least some of their working hours at home. In short, as with other employers, law offices need to adjust to the realities of telecommuting. Among the biggest challenges will be maintaining productivity. One potential solution is to deploy technologies that monitor employees’ whereabouts and use of computer and other work equipment to verify that employees who work remotely are actually doing their jobs. Unfortunately, doing this exposes your office to liability risks under privacy and… . . . read more

COMPLIANCE

Wage whispers: Can we stop salary talk?

By Paul Edwards When one employee finds out another employee makes more money, it can send ripples throughout your entire workplace. In light of the morale damage this kind of talk can cause, you may be tempted to tell employees not to discuss salaries at all. The problem is employees have a legal right to discuss their salaries with other employees because of existing NLRA protections. What is the NLRA? The NLRA or National Labor Relations Act, is a large, developing area of federal law that’s rapidly changing the way you can regulate your employees’ speech, both on and off the job. Section 7 of the NLRA grants union and non-union employees alike the right to engage in certain activities so they may collectively bargain. These protections apply to all speech related… . . . read more

QUIZ

Who has OSHA responsibility for the health & safety of a temp?

What are your OSHA duties to temporary workers (“temps”) whom you hire from a temp agency to work at your firm? Stated differently, are you or the temp agency responsible for the temp’s health and safety? Here’s a set of scenario quizzes that illustrate how the rules work. SCENARIO 1: RESPONSIBILITY FOR HAZCOM TRAINING The Temps R’Us Agency (Agency) assigns an employee to temporary work at XYZ Company (Company). Agency is perfectly aware that knows that Company’s workers handle and use hazardous chemicals. But the temp has no Hazcom training whatsoever. As a result, he suffers an injury as a result of exposure to a toxic chemical while working for Company. QUESTION Who’s responsible for providing the temp the required Hazcom training? Agency Company Both Neither ANSWER Both the Agency… . . . read more

EMPLOYMENT LAW UPDATE

Three White House announcements for employers

By Mike O’Brien  bio President Biden calls on employers to provide paid time off for employees to get vaccinated In a White House press release dated April 21, 2021, President Biden called “on every employer in America to offer full pay to their employees for any time off needed to get vaccinated and for any time it takes to recover from the after-effects of vaccination.” The White House statement adds that President Biden will announce “a paid leave tax credit that will offset the cost for employers with fewer than 500 employees to provide full payment for any time their employees need to get a COVID-19 vaccination or recover from that vaccination.” By Executive Order, President Biden increases the minimum wage for federal contractors to $15/hour On April 27 President… . . . read more

COMPLIANCE

Dare we ask our coworkers: Are you safe?

By Lynne Curry bio Question: We have a small eight-person office. We don’t interact with the public. Although we’ve worked remotely for the past year, we’ll be moving back into the office in the next few weeks. We’re generally looking forward to it, Most of my coworkers have been vaccinated. We talk on Zoom about how happy we are to have gotten vaccinated and compare side-effect stories. Two of our coworkers don’t participate in these discussions. I suspect they haven’t been vaccinated and don’t intend to get vaccinated. Am I allowed to ask? Is it necessary or appropriate to have different rules regarding masks for different employees; for example, “masks aren’t required unless a meeting includes person “x”? Can we forgo masks all the time and figure any unvaccinated employees… . . . read more

WORKPLACE SAFETY

Most of your law office employees are vaccinated. Now what?

By Lynne Curry bio Most of your office staff have received vaccines. Those who remain unvaccinated either haven’t decided whether they will or have refused to get vaccinated. What’s next? Can you relax your workplace protocols? New CDC guidance In recent weeks, the Centers for Disease Control and Prevention (CDC) provided new COVID-19 guidance for fully vaccinated individuals.1 Fully vaccinated individuals may interact indoors with other vaccinated individuals without wearing masks or physical distancing. Fully vaccinated individuals, except for those who live in a group setting or themselves experience COVID-19 symptoms, no longer need to quarantine and test if they’ve been around someone who has COVID-19.2 Fully vaccinated individuals do need to wear a well-fitted mask, physically distance and practice other prevention protocols when interacting with unvaccinated individuals from multiple… . . . read more

EMPLOYMENT LAW UPDATE

EEOC charges down but lawsuits rising

By Mike O’Brien bio EEOC data for FY2020 show dip in charges filed The Equal Employment Opportunity Commission (EEOC) released its Fiscal Year 2020 Enforcement and Litigation Data report on Feb. 26, 2021. The EEOC reports that 67,448 charges of discrimination were filed in the fiscal year ending Sept. 30, 2020, compared to 72,675 charges filed in the previous fiscal year. The agency made headway in addressing a backlog of charges, resolving 70,804 charges during FY2020, and securing $439.2 million for victims of discrimination. Continuing the trend of recent years, retaliation was the most commonly-asserted claim, made in 55.8% of all charges. Disability, race, and sex discrimination claims each were asserted in roughly a third of charges filed, at 36.1%, 32.7%, and 31.7%, respectively. Age, national origin, color, and religion… . . . read more


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