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
coronavirus
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
Contractors, COVID and stereotyping on HR radar
By Mike O'Brien bio DOL tries to clarify independent contractor definition The US Department of Labor (DOL) has proposed what it believes is a simplified definition of independent contractor (IC) for purposes of applying wage provisions of the Fair Labor Standards Act (FLSA), which applies only to employees. The new DOL proposal still focuses on the factors of economic reality, … [Read more...] about Contractors, COVID and stereotyping on HR radar
Office’s duty to protect returning employees from COVID-19 discrimination and harassment
SITUATION Fully recovered from his bout with COVID-19, Max is thrilled and excited to return to his custodian job after 14 days of mandatory home isolation. But almost immediately, he senses that something is wrong. His co-workers shun him and leave the room the moment he enters. And, while hygiene and handwashing are de rigueur for all maintenance staff, Max alone is required … [Read more...] about Office’s duty to protect returning employees from COVID-19 discrimination and harassment
New COVID-19 guidance for you from EEOC
By Mike O’Brien bio The Equal Employment Opportunity Commission (EEOC) recently updated its COVID-19 guidance page, addressing a number of issues. Here are some of them: On coronavirus testing, the EEOC said general testing administered by employers consistent with current CDC guidance will meet the ADA’s “business necessity” standard, and noted that employers should ensure … [Read more...] about New COVID-19 guidance for you from EEOC
Now is the time to train for technology
By Doug Striker bio I think it’s safe to say that the legal industry is not the most “agile” profession in the marketplace. The law actually breeds the opposite of agility. We tend to reward slow processes, long research endeavors, decisions-by-committee, slow turning of the ship to accommodate changes. So, it is no surprise that the rapid changes demanded by COVID-19 … [Read more...] about Now is the time to train for technology
COVID, opioids and payroll taxes on HR radar
By Mike O’Brien bio Applicants, testing, and screening The EEOC has said you cannot test applicants for COVID-19 until after a conditional job offer. Fine, makes sense. What about taking temperatures? You can take a temperature of visitors to your business/office to make sure they are not bringing COVID-19 with them. In fact, you may have an OSHA duty to do so to protect your … [Read more...] about COVID, opioids and payroll taxes on HR radar
Class of 2019 is the most employed since the Great Recession
The Class of 2019 experienced the highest employment rate in the dozen years since the start of the Great Recession, according to the National Association for Law Placement, Inc. NALP has released its Employment for the Class of 2019 — Selected Findings, a synopsis of key findings from the upcoming annual Jobs & JDs: Employment and Salaries of New Law School Graduates. The … [Read more...] about Class of 2019 is the most employed since the Great Recession
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?
Model mandatory face mask policy
More than 20 states have enacted laws requiring the use of face masks or coverings in indoor public places. Here’s a Model Policy incorporating current legal requirements and public health guidance that you can adapt for your own lab. … [Read more...] about Model mandatory face mask policy