By Mike O’Brien The EEOC recently released updated guidance on the intersection between COVID-19 and major federal employment laws. In particular, the agency explained that COVID-19 may be considered an ADA-protected disability in certain cases. While mild or asymptomatic cases of the illness do not constitute an ADA-protected disability, other more severe cases, including … [Read more...] about EEOC updates guidance related to COVID-19 and ADA
Covid-19
Where we are on vaccines and masks in the workplace
Vaccine roundup The Biden Administration, through Executive Orders and various agencies, has adopted four separate vaccine mandates for (1) employers with 100+ employees (the OSHA ETS), (2) federal contractors, (3) federal employees and onsite contractors, and (4) healthcare employers who receive Medicaid or Medicare reimbursements (the CMS mandate). Except for the CMS … [Read more...] about Where we are on vaccines and masks in the workplace
4 ways to prioritize staff mental health
Mental distress has long been a hidden issue in the workplace. Employees are often unaware of the resources—if any—available to help them, while employers may be unaware of the effects mental distress has on safety and their bottom lines. The COVID-19 pandemic, however, has brought this issue to the forefront for many employers. Over 40% of Americans report experiencing … [Read more...] about 4 ways to prioritize staff mental health
What law firms have learned about working remotely
When the pandemic first hit, the professional world shifted to remote working in an instant, but many people viewed the transition as temporary. Two years later, it’s clear that working from home is here to stay. The more time we’ve spent working remotely, the more we’ve learned—and like everything else in life, our process continues to evolve. According to Cosmolex, a company … [Read more...] about What law firms have learned about working remotely
A manager tries to hold it all together during Omnicron surge
By Lynne Curry “I’m overwhelmed,” the manager said when he called. “Senior management pressures us to maintain high levels of productivity, but nearly a fourth of our employees call in sick every morning. On our last all-manager Zoom call, our CEO said our productivity is down and made it clear we’re expected to handle our employees’ anxiety and get them refocused on their … [Read more...] about A manager tries to hold it all together during Omnicron surge
Supreme court blocks OSHA vaccine mandate
By Mike O’Brien In a 6-3 decision, the U.S. Supreme Court has issued its opinion blocking OSHA’s vaccine mandate for employers with 100 or more employees. The majority ruled on Jan. 13 that OSHA had exceeded its authority when it issued the vaccine mandate, concluding that OSHA has authority only “to set workplace safety standards, not broad public health measures.” The court … [Read more...] about Supreme court blocks OSHA vaccine mandate
Supreme Court to hear challenges to OSHA & CMS vaccination mandates this week
By Mike O’Brien On Dec. 17, 2021, the Sixth Circuit Court of Appeals dissolved the stay of OSHA’s vaccine mandate for employers with 100 or more employees in a split 2-1 decision. Wasting no time, OSHA published a compliance update to provide new deadlines. Covered employers have through Jan. 10, 2022, to adopt and publish a vaccination policy, to ascertain and record … [Read more...] about Supreme Court to hear challenges to OSHA & CMS vaccination mandates this week
Are religious exemptions a way out for employees or a tricky challenge for employers?
By Lynne Curry Question: If I’m to believe the stack of religious exemptions on my desk, a miracle unfolded in our company last week. Within days of announcing our mandatory COVID-19 vaccination policy, 90 percent of our unvaccinated employees found religion. I’m holding a dozen exemption requests that use an identical phrase, “This mandate directly affects my religious … [Read more...] about Are religious exemptions a way out for employees or a tricky challenge for employers?
What to do if an employee defies your mandatory vaccination policy
Mandatory vaccination policies have become a touchstone issue for employers in just about every industry. And all of this begs a question of crucial importance: What should you do when employees defy your law office’s mandatory vaccination policy? Your choices: Terminate them immediately Accommodate them immediately None of the above The answer is C, none of the above. … [Read more...] about What to do if an employee defies your mandatory vaccination policy
Who knew vaccine requirements could be so much fun?
By Mike O’Brien As you might recall, in one of our previous updates we cautioned that implementing workplace-vaccination requirements could be a bit tricky. It turns out, we were right—just ask the federal government. On Nov. 5, the Centers for Medicare & Medicaid Services (CMS) issued an Interim Final Rule regulating healthcare facilities (“Vaccination IFR”). The … [Read more...] about Who knew vaccine requirements could be so much fun?