By Mike O'Brien Is it a problem for a law office suddenly to have an unplanned, unexpected, and perhaps undesired branch office when an employee moves to another state? Yes! The United States has a national government, state governments, and local governments. They each have powers over employers and make laws that typically apply to and protect people subject to the various … [Read more...] about 6 things to do when remote workers want to move to another state
Compliance
OSHA emergency vaccine mandate withdrawn and forced arbitration may end for workplace sexual harassment
By Mike O’Brien After a recent United States Supreme Court decision prohibited it, the Occupational Safety and Health Administration (OSHA) officially announced the withdrawal of its COVID-19 vaccination and testing Emergency Temporary Standard (ETS), effective Jan. 26, 2022. According to The Society for Human Resource Management (SHRM), “OSHA’s withdrawal of its COVID-19 … [Read more...] about OSHA emergency vaccine mandate withdrawn and forced arbitration may end for workplace sexual harassment
A staffer hands you a two-week notice: What’s next?
By Paul Edwards It’s 4:30 on a Friday afternoon, and one of your employees knocks on your door asking to come in. They’re avoiding eye contact, they’re fidgety, nervous… This can’t be good news. You imagine accidentally shredded payroll reports, stolen laptops full of client information, or something equally catastrophic. But when the employee tells you what’s going on, it’s … [Read more...] about A staffer hands you a two-week notice: What’s next?
Did your employees move out of state during the pandemic?
By Mike O’Brien Here’s a growing concern for employers over the last couple of years: discovering that an employee has moved from one state to another while working remotely during the pandemic. This situation presents a number of problems and challenges for employers. Imagine the situation where you are a state-based company and hire someone who lives in the state. Unless … [Read more...] about Did your employees move out of state during the pandemic?
Supreme court blocks OSHA vaccine mandate
By Mike O’Brien In a 6-3 decision, the U.S. Supreme Court has issued its opinion blocking OSHA’s vaccine mandate for employers with 100 or more employees. The majority ruled on Jan. 13 that OSHA had exceeded its authority when it issued the vaccine mandate, concluding that OSHA has authority only “to set workplace safety standards, not broad public health measures.” The court … [Read more...] about Supreme court blocks OSHA vaccine mandate
What to do if an employee defies your mandatory vaccination policy
Mandatory vaccination policies have become a touchstone issue for employers in just about every industry. And all of this begs a question of crucial importance: What should you do when employees defy your law office’s mandatory vaccination policy? Your choices: Terminate them immediately Accommodate them immediately None of the above The answer is C, none of the above. … [Read more...] about What to do if an employee defies your mandatory vaccination policy
Religious discrimination and pitfalls for diversity efforts
By Mike O’Brien Religious discrimination An Asian-American engineer who worked for a municipal utility in Stockton, Calif., filed a lawsuit claiming that city officials belonging to the Church of Jesus Christ of Latter-Day Saints (the “Church”) sought to recruit, hire, and promote members of their own faith and that he was denied a promotion because he was a member of the … [Read more...] about Religious discrimination and pitfalls for diversity efforts
New technical guidance on religious exemptions to vaccination
By Mike O’Brien EEOC Issues New Technical Guidance on Religious Exemptions to Vaccine Mandates On Oct. 25 the Equal Employment Opportunity Commission (EEOC) issued new updates to its Covid-19 technical guidance. Specifically, the EEOC seeks to clarify employer obligations and employee rights related to religious exemptions to vaccine mandates. The guidance addresses the … [Read more...] about New technical guidance on religious exemptions to vaccination
Updates and more updates about vaccine mandates
By Mike O’Brien Given the flurry of recent news reports surrounding COVID vaccine requirements, an update about mandates seems, well, mandatory. Like our readers, the authors of these updates look forward to a happier time, when the most pressing issues in HR law are not all somehow pandemic-related. In the meantime, we will do our best to keep you up to date. OSHA sends … [Read more...] about Updates and more updates about vaccine mandates
Can you ask job applicants, “Are you vaccinated”?
By Lynne Curry You weathered the storm that blew through your workplace when you told your employees they needed to get vaccinated. You read the stories about Delta Air, Chevron, UPS, Goldman Sachs, and other major employers that made full vaccination a condition of employment.1 Like 59% of 1,000 small business owners surveyed, you plan to sidestep future problems by hiring … [Read more...] about Can you ask job applicants, “Are you vaccinated”?