Although it’s clearly a positive development for the world at large, the almost miraculous emergence of a vaccine for COVID-19 in less than a year poses legal challenges for. The Question: Can employers require their workers to get the vaccine? Bottom Line on Top: The answer is probably but not 100 percent certainly YES. And even if a mandatory vaccine policy is justifiable, … [Read more...] about Can you require staff to get the COVID-19 vaccination?
Workplace Safety
New rules for wellness programs & marijuana legal in more places
By Mike O'Brien bio Employment law continues to change rapidly with a change in federal government administration and the continuing pandemic. As manager of a law office, it’s just one more thing to keep up with. Here are a few recent developments. New rules coming for employer wellness programs On Jan. 7, 2021, the EEOC issued proposed rules related to what incentives … [Read more...] about New rules for wellness programs & marijuana legal in more places
Has OSHA done enough to enforce COVID-19 safety rules?
Even after the election and swearing in of the new President, federal government response to the COVID-19 pandemic remains a politically charged issue. One area of contention involves whether OSHA has done enough to protect workers exposed to the virus. On Jan. 8, the agency issued a statistical report documenting its COVID-19 enforcement efforts starting with the beginning of … [Read more...] about Has OSHA done enough to enforce COVID-19 safety rules?
What do we do about employees who refuse vaccination?
By Lynne Curry bio Question: What do we do if our employees refuse to get vaccinated? Several dozen employees have stated they don’t want the vaccine, as doctors don’t know enough about the vaccine’s long-term side effects. They point out that the Food and Drug Administration sanctioned the vaccines through an emergency use authorization procedure and rushed the vaccines … [Read more...] about What do we do about employees who refuse vaccination?
How HR regulations could change under Biden administration
By Mike O'Brien bio Employers may be wondering how a Biden administration will affect workplace laws. Prior to the election, Biden’s campaign website gives some clues as to his priorities in this area. Biden lists the failure to pay minimum wage and overtime pay, forcing off-the-clock work, and misclassifying workers as problems resulting in billions of dollars a year in wage … [Read more...] about How HR regulations could change under Biden administration
Model Policy: Substance Abuse and Fitness for Duty
Workplace substance abuse remains a major challenge for law offices. Although sound in principle, the traditional zero tolerance policy is ill-suited to the legal complexities of the modern world. This is especially true in states that have legalized marijuana. You can still take a clear and firm line on employee drug and alcohol abuse for the purpose of health and safety. But … [Read more...] about Model Policy: Substance Abuse and Fitness for Duty
How to create a legally sound substance abuse policy
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
Model waiver of COVID-19 infection liability sign to post at your law office
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 facility as a result of your inadequate safety measures. One way to limit liability is by conspicuously posting a sign at the entry of your facility indicating visitors’ agreement to waive their … [Read more...] about Model waiver of COVID-19 infection liability sign to post at your law office
Model visitors’ waiver of COVID-19 infection liability form
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. … [Read more...] about Model visitors’ waiver of COVID-19 infection liability form
Using waivers to avoid getting sued for COVID-19 infections
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 … [Read more...] about Using waivers to avoid getting sued for COVID-19 infections