SITUATION An equipment repair technician who also happens to be the office’s only African American employee endures racial abuse at the hands of his supervisor and co-workers. He complains to management and is warned to “stay in his lane.” Shortly thereafter, somebody leaves a noose on his desk. It’s the last straw. The technician claims he was subject to systemic racial … [Read more...] about Can racial discrimination be proven with circumstantial evidence alone?
Compliance
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?
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
Feds say insurers not required to pay for employer return to work COVID-19 testing
Since the public health emergency began, the US government has taken the position that insurers shouldn’t be allowed to make consumers pay for COVID-19 lab tests. But now comes news that insurers will not be put in that same position with regard to return to work screening conducted on employees by their employers. FFCRA rules for COVID-19 test payment The key piece of … [Read more...] about Feds say insurers not required to pay for employer return to work COVID-19 testing
Supreme Court ruling extends workplace protections to LGBTQ workers
By Mike O’Brien bio SEXUAL ORIENTATION AND TRANSGENDER STATUS NOW ARE PROTECTED CLASSES NATIONALLY: Federal civil rights law protects gay, lesbian, and transgender employees, the United States Supreme Court announced June 15 in a landmark ruling. The historic decision will extend workplace anti-discrimination and anti-harassment protections to about 8 million LGBTQ workers … [Read more...] about Supreme Court ruling extends workplace protections to LGBTQ workers
Top 10 questions an employer should ask before returning employees to work
By Mike O’Brien bio As various states and municipalities across the country lift shutdowns and begin easing COVID restrictions, employers are faced with complex questions about safely bringing their employees back to the workplace. We’ve compiled the top 10 questions every employer should consider before returning employees to work. How do we implement proper infection … [Read more...] about Top 10 questions an employer should ask before returning employees to work
How to create a legally sound COVID-19 medical screening policy
Like so many other law offices during the coronavirus pandemic, you may be considering medically screening your employees each day before letting them into the workplace. While screening is highly problematic in normal times, regulators have grudgingly acknowledged that it may be a justified health and safety measure during the pandemic. The operative phrase is “may be,” which … [Read more...] about How to create a legally sound COVID-19 medical screening policy
Employment law changing on the fly in response to COVID-19
By Mike O’Brien bio COVID-19 has ushered in a variety of new, and fast-evolving employment law changes, from the Families First Coronavirus Response Act (FFCRA) to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). EMPLOYEE RETENTION TAX CREDIT: The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) includes a tax credit for employers that retain … [Read more...] about Employment law changing on the fly in response to COVID-19
Age bias legislation and defamation claims
By Mike O'Brien bio Here is my periodic update prepared for interested HR professionals trying to deal with the complex American employment laws. House passes age bias legislation: The U.S. House of Representatives has passed the Protecting Older Workers Against Discrimination Act (POWADA). The bill, passed in January, would allow an older worker to sue for job discrimination … [Read more...] about Age bias legislation and defamation claims