By Mike O'Brien Not every negative consequence amounts to retaliation In asserting a claim for retaliation, an employee must prove he or she suffered a “materially adverse action.” But that probably doesn’t include someone “making faces” at you. In Fisher v. Bilfinger Industrial Services Inc., the employee alleged that his supervisor retaliated against him by (among other … [Read more...] about Making faces doesn’t count as retaliation
Compliance
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 … [Read more...] about Disability discrimination and lookism in the workplace
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 … [Read more...] about Beware of privacy pitfalls when remotely monitoring telecommuters
Tool: Model Remote Monitoring of Telecommuters Policy
Letting employees telecommute poses significant operational and management challenges to employers, not the least of which is ensuring that employees are actually doing their jobs and meeting expected productivity standards when working from home. Software, apps and other monitoring technology can go a long way in meeting this goal; but it can also get you into hot water under … [Read more...] about Tool: Model Remote Monitoring of Telecommuters Policy
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 … [Read more...] about Wage whispers: Can we stop salary talk?
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 … [Read more...] about Who has OSHA responsibility for the health & safety of a temp?
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 … [Read more...] about Three White House announcements for employers
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 … [Read more...] about Dare we ask our coworkers: Are you safe?
Court gives guidance on return to work and ADA
By Mike O’Brien In ADA Case, Tenth Circuit says onsite work may be essential One of the most frequent questions that the writers of these updates receive is whether employers who moved to a remote workplace in response to the COVID pandemic may now recall employees to onsite work. Generally, we’ve advised employers that they are free to require onsite work, although they may … [Read more...] about Court gives guidance on return to work and ADA
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 … [Read more...] about Most of your law office employees are vaccinated. Now what?