Start Your FREE Membership NOW
 Discover Proven Ways to Be a Better Law Office Manager
 Get Our Weekly eNewsletter, Law Office Manager Bulletin,
    and MUCH MORE
 Absolutely NO Risk or Obligation on Your Part -- It's FREE!
EMAIL ADDRESS



Upgrade to Premium Membership NOW for Just $90!
Get 3 Months of Full Premium Membership Access
Includes Our Monthly Newsletter, Office Toolbox, Policy Center, and Archives
And MUCH MORE!
WORKPLACE SAFETY

Mandatory COVID vaccination: new guidance & update

By Lynne Curry bio Can employers require their employees to receive COVID-vaccinations? While vaccination is one of an employer’s best tools for preventing COVID-19 outbreaks at their worksites, requiring employees to be vaccinated and disciplining them if they refuse comes with legal risks. Although the federal Equal Employment Opportunity Commission (EEOC)’s December 2020 guidelines stated that employers could implement and enforce mandatory COVID-19 vaccination policies for certain jobs and with certain exceptions1, the U.S. Food and Drug Administration (FDA) requires that recipients of vaccines under an “emergency use authorization” (which includes the current COVID vaccines) must be informed that they have the option to accept or refuse the vaccination. For more detail on this federal agency contradiction, see https://workplacecoachblog.com/2021/01/covid-vaccination-update-in-light-of-the-vaccines-emergency-use-authorization-status/ “The current problem,” says Perkins Coie Senior Counsel Michael O’Brien, “is that many employees… . . . read more

TOOL

Voluntary COVID-19 vaccination policy

It is important for you to ensure that your law office workers get vaccinated against COVID-19 to protect not only themselves but also co-workers, clients and others at your facility. But what if employees neglect or just plain refuse to be vaccinated? There are two basic options: Option 1: Require workers to be vaccinated Option 2: Encourage workers to be vaccinated voluntarily Here’s a Model Policy you can use to implement Option 2.

TOOL

Model Social Distancing Policy

As the pandemic drags on, essential businesses that remain open must be scrupulous to ensure employees maintain social distancing both at and away from the workplace. Here’s a Model Policy you can adapt to accomplish that objective in accordance with your specific circumstances and the terms of the latest public health guidelines in effect in your state or city.

TOOL

Worker’s acknowledgement of decision to decline COVID-19 vaccination

It is important for you to ensure that law office workers get vaccinated against COVID-19 to protect not only themselves but also co-workers, patients and others at your facility. But what if workers neglect or just plain refuse to be vaccinated? There are two basic options: Option 1: Require workers to be vaccinated Option 2: Encourage workers to be vaccinated voluntarily If you select Option 2, require workers to sign a form acknowledging that they were offered the vaccine and voluntarily declined to accept it and list the reasons for doing so. Here’s a Model Policy you can adapt.

MANAGING STAFF

Post-pandemic period a chance to try flexible staffing strategies

By Lynne Curry bio Question: COVID-19 hit our northern U.S. law practice hard. We cut employees, then salaries, and then we cut again. We lost half of our clients as their fortunes failed; other clients cut their work to the bone. Our revenue is down 70%. Some office staffers left our state when their spouses’ high-paying jobs evaporated. Others took off when COVID-19 combined with our cold, dark winter proved too much. Because these employees had talents we needed, we kept them as “snowbirds”. At first, it didn’t cause trouble. Everyone was working from home, so it didn’t matter where “home” was. Now that we’ve moved back into the office building, our local employees complain about the snowbirds. They feel the fair weather staff get an unfairly sweet deal, as… . . . read more

TOOL

Mandatory COVID-19 vaccination policy

It is important to ensure your law office workers get vaccinated against COVID-19 to protect not only themselves but also co-workers, clients and others at your office. But what if employees neglect or just plain refuse to be vaccinated? There are two basic options: Option 1: Require workers to be vaccinated Option 2: Encourage workers to be vaccinated voluntarily Here’s a Model Policy you can use to implement Option 1.

MANAGING STAFF

Disciplining employees for not following COVID-19 restrictions when they are off-duty

Picture this: COVID-19 cases are surging. Your state or city is in full lockdown mode. That means, among other things, that outdoor gatherings of more than 50 people aren’t allowed. So, it disturbs you to turn on the Sunday news and see hundreds of people crowding together to demonstrate right in the middle of downtown. And then it gets personal. You recognize one of those demonstrators. She’s one of your office’s employees! What the heck is she doing there?! And, gulp, you also notice that she’s not wearing a mask! Now what? Can you discipline the employee for participating in the illegal demonstration and not wearing a mask? Off-duty conduct, employee discipline and COVID-19 The statement that what employees do when they’re away from work is none of your business… . . . read more

COMPLIANCE

Can you require staff to get the COVID-19 vaccination?

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, it’s also subject to strict restrictions.  Legal justification for mandatory vaccination policies Even though the COVID-19 situation is new and unprecedented, we can still discern the boundaries with regard to employers’ rights to demand that workers get vaccinated. Specifically, we know that OSHA, courts and arbitrators have historically upheld mandatory flu vaccination policies (as well as their slightly less restrictive cousin, the vaccination-or-mask policy requiring all employees… . . . read more

EMPLOYMENT LAW UPDATE

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 employers can offer as part of wellness programs. The new rules come in response to a decision of the U.S. District Court for the District of Columbia that vacated a portion of the EEOC’s previous ADA and GINA regulations. HIPAA allows employers to offer incentives up to 30 percent of the total cost of health insurance to encourage participation in certain types of wellness programs. However, the ADA… . . . read more

WORKPLACE SAFETY

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 the pandemic and running through Dec. 31, 2020. Employer liability for COVID-19 violations under OSHA laws Nobody disputes that under OSHA, law offices and other employers have a duty to protect workers from risk of COVID-19 infection. What may be less clear, is the source of that duty. Neither the Occupational Safety and Health Act (Act) nor the regulations say anything about COVID-19 or, with a few exceptions, infectious illnesses in… . . . read more


(-0)