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EMPLOYMENT LAW UPDATE

OSHA updates guidance to track the latest CDC mask recommendations

By Mike O’Brien The U.S. Occupational Safety and Health Administration (OSHA) has updated its COVID workplace safety guidance entitled, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace. OSHA’s latest update on Aug. 13 “reflect[s] the July 27, 2021 Centers for Disease Control and Prevention (CDC) mask and testing recommendations for fully vaccinated people.” Prior to this update, OSHA had stated that fully vaccinated employees did not need to wear masks and that COVID safety precautions really were focused on protecting only unvaccinated workers. However, that guidance has now changed in response to the highly contagious Delta variant. OSHA’s guidance includes “recommendations,” that do not carry the force of law and “creates no new legal obligations.” Still, OSHA’s counsel likely becomes a standard of reasonableness… . . . read more

WORKPLACE SAFETY

Can we use a contact tracing app to protect our business and employees?

By Lynne Curry bio Question: Every morning we conduct wellness checks on our employees as they arrive at work, but worry that some employees don’t monitor physical distancing when not at work. We’re barely hanging on as a practice, but all it would take is one employee getting COVID and infecting our other employees to shut us down. We have heard apps can provide real-time contact tracing and wonder if we can require our employees to wear them even when not at work? Answer: Potentially. According to the Occupational Safety and Health Administration, employers must act to reduce and manage COVID-19-related hazards in the workplace. Employers can view video surveillance that shows when employees clock in and out and reveal an employee’s interactions while at work. Employers can provide employees… . . . read more

EMPLOYMENT LAW UPDATE

The workplace in 2020: political talk, COVID-19 violence, executive order

By Mike O’Brien bio Don’t forget labor relations rules when employees talk politics at work During this contentious election season—with a highly polarized American electorate—many employers may be grappling with problems arising from workplace political discussions. Research by the Society for Human Resource Management (SHRM) has indicated that more than a quarter of workers report regularly talking about politics at work. Disputes and tension often result. Employers wishing to regulate political speech at work should remember that the National Labor Relations Act (NLRA) may affect their options. Although employees often assert that they have a First Amendment right to free speech, this is a misconception. The First Amendment restricts government action, not that of private employers. However, Section 7 of the NLRA gives employees the right to talk to each… . . . read more


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