Saying it had made a mistake by publishing Fact Sheet 84 explaining the compensability of time related to vaccines, testing, etc., the DOL cautions that the content of its now-withdrawn Fact Sheet 84 may in fact end up stating correctly its views. Apparently the publication of the Fact Sheet was premature in that the DOL […]
OSHA has withdrawn its large-employer vaccine mandate, which was the OSHA ETS that was recently stayed by the Supreme Court. In doing so, OSHA left the ETS as a proposed rule, on which it has invited public comment, in other words, left it as a draft that it is considering making final subject to input […]
The California Court of Appeals recently held that an employer can be sued by the estate of a non-employee spouse who passed away from COVID-19 allegedly contracted from his employee-wife who allegedly contracted it at workplace due to the alleged negligence of her employer. Plaintiffs allege that Mrs. Ek, defendants’ employee, contracted COVID-19 at work […]
The DOL issued a new Fact Sheet (#84) explaining when time must be paid related to coronavirus-related vaccinations, testing, temperature checks, etc. Time must be compensated if the activity was required by the employer; it need not be compensated if it was at the option of the employee. Time that must be compensated counts as […]
In a continuing blow to President Biden’s vaccine mandates, the President’s federal-worker vaccine mandate has also just been blocked nationwide.
In a pair of decisions released today, the Supreme Court (1) re-froze OSHA’s ETS that implemented President Biden’s large-employer mandate but (2) allowed the regulations to take effect that implemented President Biden’s healthcare vaccine mandate. Why the different outcomes? In short, a majority of the Supreme Court held it depended on whether Congress had clearly […]
With OSHA having said it will wait at least until January 10, 2022 to enforce its rule implementing President Biden’s vaccine mandate for large employers and even then that it will do so with consideration for confusion surrounding the rule’s status and wait another month before enforcing the vaccine-or-test mandate, the Supreme Court is now […]
The CDC has updated its isolation guidelines with a shorter 5-day instead of 10-day period for people who (1) are fully vaccinated, (2) have been exposed and (3) have a positive COVID-19 test result (4) but no symptoms. Unfortunately the CDC’s website has now become splintered with various guidances in various places that haven’t yet […]
A 3-judge panel of the Sixth Circuit has lifted the freeze on OSHA’s large company vaccine mandate (50 employees or more). The 3-judge panel decision was fully fractured, in that one judge wrote an opinion, in which a second concurred, making it technically the majority opinion; the third judge in the panel then wrote a […]
While most cases of COVID-19 resolve without complication, the EEOC cautions in a new Section “N” added to its on-going COVID-19 guidance, that some cases may be more severe and cause a “disability” that is protected by the ADA (Americans with Disabilities Act). The EEOC advises that anyone who experiences only no symptoms or mild […]
Following on the heels of a recent ruling that froze President Biden’s government-contractor vaccine mandate in just a few states, the District Court for the Southern District of Georgia has issued a nationwide freeze against that mandate. The mandate would have imposed vaccination requirements on certain federal government contractors and their employees. This nationwide freeze […]
Following up on the recent court ruling freezing President Biden’s large-employer vaccine mandate, the federal District Court for the Eastern Disteict of Kentucky has frozen the President’a government-contractor vaccine mandate. The ruling applies in Kentucky, Ohio and Tennessee. It is not unlikely that other courts will likewise freeze the government-contractor vaccine mandate in other areas […]
The Sixth Circuit won today’s lottery for litigation involving OSHA rule implementing President Biden’s large-employer vaccine mandate. The Sixth Circuit is generally considered a more conservative bench, signaling the probability it may affirm the Fifth Circuit’s freeze on that rule. The Sixth Circuit is staffed by 20 Republican-appointed judges and 6 Democratic-appointments, with a third […]
In September, the CCRD reminded Colorado employers that the 80 hours of pandemic leave required by Colorado state law remains in effect until at least November 15, 2021, because the federal emergency declaration is still in effect. Now, the CCRD has, in an email to employers dated October 28, 2021, noted that the federal declaration […]
The NLRB issued Memorandum OM 22-03 opining that, if OSHA’s vaccine-or-test rule implementing President Biden’s mandate for employers of 100 or more is ever unfreezed by the courts, then employers with unionized workplaces will have a duty to give their unions notice and an opportunity to bargain. While companies cannot be required to negotiate over […]
When it announced the release of OSHA’s ETS implementing the President’s vaccine mandate for employers of 100 or more, the White House announced the deadline for government contractors to mandate that employees would need to be vaccinated would be extended from December 8, 2021 to January 18, 2022. Note: That will the deadline for employees […]
Within 24 hours after OSHA issued its new ETS implementing President Biden’s vaccine mandate for employers of 100 or more, one federal court — the Fifth Circuit of the United States Court of Appeals — has already frozen its implementation. Without further explanation, the Fifth Circuit noted that the ETS raises “grave statutory and constitutional […]
On 11/5/2021, OSHA issued its ETS (Emergency Temporary Standard) implementing President Biden’s vaccine mandate for employers of 100 or more. (OSHA published a separate ETS for healthcare settings, not addressed in this alert.) OSHA’s information page regarding the new ETS is here. It includes a 28-minute webinar by OSHA, a FAQ sheet by OSHA, a […]
Honored that this firm, L2SLegal, LLC, has been selected for inclusion in The Best Law Firms in America©! Thank you to our peers who voted for L2S Legal to receive this recognition.
As expected, states have not only begun passing new laws as well as their own executive orders to oppose President Biden’s vaccine mandates but are now suing the federal government. The following ten states just filed one lawsuit in Missouri: Arkansas, Alaska, Missouri, Iowa, Montana, Nebraska, New Hampshire, North Dakota, South Dakota and Wyoming. Seven […]
In one of his recent vaccine mandates, President Biden ordered all government contractors to have their personnel vaccinated by December 8, 2021, with permission arguably given later for exemptions for religious and disability accommodations. The federal government’s Safer Federal Workforce Task Force issued guidance affirming and fleshing out the mandate for government contractors. The mandate […]
The EEOC issued further guidance (Q&A K.1-K.18) updating its previous guidance regarding vaccines, vaccine mandates and vaccine inquiries in the workplace. This new guidance clarifies and confirms that the federal EEO laws overseen by the EEOC (Title VII, ADA, etc.) do not prohibit an employer from Imposing a vaccine mandate as a condition of entry […]
By Executive Order of its Governor, Texas has joined Montana in an on-going conflict against the recent vaccine mandates announced by President Biden. But how direct are these conflicts? While certainly direct enough to ensure significant litigation in both states, there appears to be some room for some form of compliance with the Biden mandates, […]
Thank you #DENStartupWeek for a great time this afternoon speaking on employment law tips and to-do’s for startups! Thank you to the awesome audience members for all your questions and the positive feedback. As Denver Startup Week explains, “Built by the community for the community, Denver Startup Week is a celebration of everything entrepreneurial in […]
On September 30, 2021, the federal tax credit that allowed employers to pass through the costs of pandemic/80-hour leave. Also on September 30, 2021, the CDLE reminded, again, Colorado employers in an email that Colorado state law continues to mandate that the 80-hour/pandemic leave (“PHEW” leave) be provided at least until November 15, 2021 while […]
the Safer Federal Workforce Task Force has issued further guidance explaining what government contractors can expect as President Biden’s government contractor vaccine mandate is implemented. Highlights of this most recent guidance include the following: As explained in a previous post, the government-contractor mandate’s requirements will be imposed by way of a FAR (Federal Acquisition Regulation) […]
On 9-9-2021, President Biden announced sweeping vaccine mandates that will affect private employers. So far, what do private employers know to expect? Employers of 100 or more workers will be required to implement vaccine-or-test mandates. Employees who opt not to be vaccinated will be required to be tested weekly. Employees will need to be provided […]
Following up on its recent informal email announcement, the CDLE has revised its Interpretive Notice and Formal Opinion (INFO) no. 9 interpreting Colorado’s Equal Pay for Equal Work Act’s posting requirements. Because the CDLE does not go through formal rulemaking when it issues INFOs, they do not carry the weight of law; however, they the […]
Honored to have been selected again for inclusion in The Best Lawyers in America©! Thank you to my peers who voted for me to receive this recognition.
Colorado has enacted CRS 8-1-153 to enable private employers to prefer certain candidates for hiring on the basis of their veteran-related status. Eligible candidates are: A totally disabled veteran who is within 10 years of discharge A less than totally disabled veteran, a member of the reserves or national guard, who is within 5 years […]
Resolving a long-running split among the lower courts, the Supreme Court has, unfortunately for employers, held that the CFAA (Computer Fraud and Abuse Act) is not available in most lawsuits against current and former employees involving trade secrets, NDA’s, non-competes and non-solicits. The CFAA is a powerful federal law that allows enhanced remedies for companies […]
In its recent email newsletter, dated 7/23/2021, the CDLE reminded Colorado employers that state-mandated emergency paid sick leave is required, so long as the federal COVID-19 emergency is in effect (and for so long as any subsequent state or local pandemic emergency is in effect). Under the Healthy Families and Workplaces Act (HFWA), Coloradans can […]
In its most recent email newsletter, dated 7/23/2021, the CDLE warned it is going to start cracking down on employers who are trying to avoid Colorado’s new equal-pay posting and notice requirements by declaring Coloradoans ineligible for the position. Such a disclaimer does not evade the new law’s reach. Equal Pay Transparency – Duty to […]
Missed my recent webinar on vaccines in the workplace? Email me or send me a message through this website if interested in the complimentary on-demand presentation. In the meantime, check out this article on Law 360 (no subscription required). Interesting topics include a look at some of these new lawsuits, the need to provide certain […]
The EEOC issued updated guidance on LGBTQ+ issues. Although there are reports that some contest the validity of its guidance, the guidance seems, at least on initial review, largely consistent with the EEOC’s prior views and with various state laws, including Colorado’s. The guidance follows on the heels of the Supreme Court’s decision in Bostock […]
The EEOC issued new guidance on religious accommodation obligations imposed by Title VII. The guidance is not regulatory, it was not issued through the formal rulemaking process, and therefore does not enjoy deference in courts, although it is a statement of the EEOC’s opinion of the law for so long as it is in effect. […]
Earlier this year, the EEOC issued a final rule on conciliation. Conciliation is like a settlement conference in that it is a process in which the EEOC meets with the employer, and usually involved charging parties, and a settlement is possible; however, it is different in that, at a conciliation, unlike at a settlement conference, […]
The Supreme Court struck down California’s expansive union access law, which had required commercial agricultural property owners to allow unions to come onto their land for up to 3 hours per day 120 days per year in furtherance of organizing campaigns. The statute went so far as to phrase this as a union’s “right to […]
As noted previously, litigation over vacation payouts has been on-going at the trial court level then the appellate courts, and now finally the Colorado Supreme Court. The issue has been whether, despite various statutory changes to Colorado’s wage laws, vacation is a “wage” that must be paid out in the employee’s final paycheck. More specifically […]
SHRM has released a couple of interesting memos that HR professionals might consider as a starting point when thinking about the CDC’s new guidance for fully vaccinated people and what it means for masks and social distancing in the workplace. SHRM has released one template memo it suggests for employers looking to allow fully vaccinated […]
According to a recent article in the Denver Business Journal, employers may be facing a “turnover tsunami” with an estimated “26% of workers plan(ning) to look for a job with a different employer once the threat of the pandemic decreases.” The article offers helpful tips for companies considering how to attract and keep talent.
Delayed in 2020 so that HR professionals would not have to go into their workplaces during the start of the pandemic, the EEOC has now opened its portal for filing EEO-1 Component 1 data. The deadline for filing Component 1 data is July 19, 2021. The EEOC announced the opening of its portal, as follows: […]
The White House announced a tax credit for companies who wish to offer paid time-off for employees to be vaccinated. The credit is available to employers with fewer than 500 employees, and permits up to 80 hours/10 days of paid time off, up to $511 per day. This new credit is not only welcome for […]
The Tenth Circuit recently decided a case involving an employee who required a flexible work schedule to do her job. She suffered from a disability related to her vision. She lived 60 miles from the workplace and relied on family and friends for rides to and from work. Her ability to make it to work […]
SHRM recently published an article summarizing ARPA (the American Rescue Plan Act). In short, employers with fewer than 500 employees currently may but are not required by federal law (compare for example state laws such as in Colorado) to provide paid leave for certain coronavirus-related reasons and, if such an employer does chose to provide […]
Looking for an overview of Colorado’s new paid leave law known as HFWA (the Healthy Families and Workplaces Act)? To get a better sense of how the CDLE (Colorado Department of Labor and Employment) interprets HFWA? How it will relate to Proposition 118, which will become an entirely new and different paid leave program in […]
In Stericycle, Inc., 370 N.L.R.B. No. 89 (2/17/2021), the NLRB held that an employer may adopt and issue handbooks to its workforce, including unionized bargaining unit members, even where that language on its face is contrary to the union’s collective bargaining agreement, so long as it does not purport to apply that inconsistent language to the […]
USERRA is the federal military leave law that requires employers to provide workers time-off for military-related leaves. USERRA leave is generally unpaid. However USERRA, sec. 4316(b), provides that employees must receive “such other rights and benefits not determined by seniority as are generally provided by the employer of the person to employees having similar seniority, […]
Fun morning today talking about the legal issues involved with the second impeachment trial of former President Trump, including the Senate’s jurisdiction over a former official and the First Amendment.
Colorado law, CRS 13-17-202, allows defendants in litigation to make what is called a statutory offer of settlement. In a statutory offer of settlement, a defendant in litigation may offer to pay the plaintiff a certain amount in settlement of the claims being litigated, which, if not accepted, the plaintiff must beat at trial, in […]
President Trump’s Executive Order 13950, which had sought to limit diversity and inclusivity training, especially as to implicit bias topics, has been frozen by a federal court, and now, as a result, the DOD and DOL have agreed that the federal government will no longer enforce the Executive Order.
A recent Tenth Circuit decision previews courts’ likely analysis when employers begin requiring workers to return to the workplace following the eventual end of the pandemic. In the case, the Court held that making a “transitional duty” permanent is not a reasonable accommodation — in other words is not required by the ADA — especially […]
Although the Board can recognize protected activity by one worker under the “Army of One” theory, it may not certify a union to represent a bargaining unit with no members, held the First Circuit. In the case, the union petitioned to represent a group of workers, and eventually won the right to do so, but […]
In an apparently symbolic statement, the DOL issued its long-waited final rule re gig workers and other independent contractors. The rule purports to provide clearer, more pro-business provisions regarding independent contractor classifications. The DOL has summarized its final rule, as follows: In the final rule, the Department: Reaffirms an “economic reality” test to determine whether an individual […]
Effective January 1, 2021, as previously discussed, including in this firm’s recent on-demand complimentary webinar, Colorado employers — and out-of-state employers posting within Colorado even by the Internet — face new requirements that include having to post a good faith range of wages and a general description of benefits in all job opening postings. These […]
HR professionals are already well aware that the FMLA is triggered by, among other things, a “serious health condition,” which, oversimplifying, consists of (1) overnight “inpatient care” such as in a hospital, as well as “any period of incapacity” following such inpatient care and (2) “continuing treatment by a health care provider.” The FMLA regulations […]
The EEOC issued guidance on vaccines, as subpart K of its Technical Assistance (FAQ) regarding coronavirus. The EEOC’s FAQ is not regulatory, it does not carry the weight of law, and it did not reach any specific conclusions. Rather, it included the EEOC’s current thinking that: It may become possible, as vaccines begin to be […]
The DOL has issued its final rule regarding tip-pooling. The DOL explains its revisions, as follows: In this final rule, the Department: removes the portions of the regulations that prohibited employers that do not take a tip credit from implementing mandatory “nontraditional” tip pools—that is, tip pools that include employees who do not customarily and […]
The CDLE has issued a new batch of rules and INFO sheets #6B and #6C confirming the need, in Colorado, to issue a fresh 80 hours of pandemic leave. In other words, an employee who has used, for example, 70 of their current 80 hours, will have their remaining 10 hours zeroed out at the […]
Continuing to expand on religious exemptions from EEO laws recognized by both the Supreme Court and itself, the DOL has expanded, in a final rule applicable to federal contractors, the religious exemption to now include even closely-held corporations so long as the company qualifies as a religious organization. To qualify as religious a corporation, association, […]
Wondering if employers will be able to mandate vaccines? Long story, short, we don’t yet fully know. It is likely that employers will be able to mandate vaccines — at least as a condition of entry into some workplaces if not as a condition of continued employment — so long as it is required by […]
The National Labor Relations Board held a company in violation for its CEO’s joke on the CEO’s personal Twitter stream. The CEO of the company posted, “FYI (company twitter handle) first one of you tries to unionize I swear I’ll send you back to the salt mine.” The employees who submitted evidence agreed the tweet […]
Implementing its most recent batch of rules on a variety of topics, the CDLE just issued yet more information for Colorado employers on those topics. Are your ready for January 1, 2021? Looking for more information about the CDLE’s latest batch of rules? Join us for a complimentary, engaging and interactive webinar. L2S Legal, LLC is […]
As noted in a prior blog post, the CDLE has finalized a crop of new rules on a variety of topics. This post addresses its WARNING (Whistleblower, Anti-Retaliation, Non-Interference, and Notice-Giving) Rules, effective January 1, 2021. The WARNING Rules implement Colorado’s new whistleblower and related notice laws. Highlights of the rules include the following: An […]
The Colorado Court of Appeals held that the “interstate driver” exemption in the Colorado state wage laws (including the COMPS Orders), like federal wage law (including FLSA), exempts drivers who transport goods moved in interstate commerce, even if the driver himself only drives the final leg of transport within the state, without himself crossing state […]
As noted in a prior blog post, the CDLE has finalized a crop of new rules on a variety of topics. This post addresses its Wage Protection Rules, effective January 1, 2021. The Wage Protection Rules focus on issues related to Colorado’s new paid leave law (HFWA, Health Families and Workplace Act). Highlights of the rules include […]
As noted in a prior blog post, the CDLE has finalized a crop of new rules on a variety of topics. This post addresses its Equal Pay Transparency Rules, effective January 1, 2021. The Equal Pay Transparency Rules focus on issues related to Colorado’s new Equal Pay for Equal Work Act (CEPEWA), especially its requirements for […]
The Colorado Department of Labor and Employment (CDLE) has finalized a half dozen rules on a wide array of topics. Employers should take care to immediately familiarize themselves with these rules, as many take effect January 1, 2021. The rules can be found on the CDLE’s rulemaking page, where the CDLE summarizes its new rules […]
The Americans with Disabilities Act recognizes several types of claims that a disabled worker might file against their employer. Typically statutory employment claims include a requirement that the plaintiff prove an adverse employment action, meaning that they suffered harm to their employment, such as being discharged, promoted or other material impact on the significant terms […]
The EEOC, like some other administrative agencies, has historically issued what it calls informal guidances as a way of articulating the agency’s position on issues of law without having to go through the formal notice-and-comment rulemaking procedures required of regulations. The legal consequence, and even informal persuasive value, of these guidances is often litigated. On […]
I’ll be on 850 KOA talking about this morning’s oral arguments in the Supreme Court case involving the Affordable Care Act (so-called Obamacare) probably around 7:45 AM MT. Tune in or stream.
As noted on this blog, Colorado voters approved Proposition 118, which will mandate the creation of a new state-administered insurance program to provide paid Family and Medical Leave. As Colorado employers know, the current federal Family and Medical Leave Act (FMLA) does not require paid leave. However, federal law currently does require paid leave in […]
Colorado voters approved Proposition 118, the Paid Family and Medical Leave Insurance Act, to be codified at CRS 8-13.3-401, et seq. The Act enhances already required paid leaves at the federal and state level by requiring the State of Colorado to create a new agency capable of administering a paid family and medical leave insurance-based […]
In a case titled Sanderson v. Wyoming Highway Patrol, the Tenth Circuit tightened up on a plaintiff’s ability to bring Title VII claims. First, the Tenth Circuit affirmed summary judgment on the plaintiff’s retaliation claim because she had not alleged it in her EEOC Charge of Discrimination. In her EEOC Charge, she’d alleged retaliation after […]
The Third Circuit recently held in Crozer-Chester Medical Center v. NLRB that at least portions of an asset-purchase agreement must be disclosed to a union representing workers in the seller’s workforce upon request. The seller had announced its intent to be acquired through an asset purchase and, in doing so, advised that workers in the […]
In a previous post, it was noted that a case has been pending before the Colorado Court of Appeals involving an employer’s refusal to pay vacation at separation, despite the provisions of CRS 8-4-101 and a new regulation promulgated by the CDLE thereunder. The Court of Appeals has now ruled in the case, Blount v. […]
On 9/22/2020 President Trump issued Executive Order 13950, which appears to prohibit government contractors who are subject to Executive Order 11246 (OFCCP jurisdiction) from undertaking EEO training that, merely reading the order on its face, might possibly even implicit bias trainings. In today’s Federal Register, 85 FR 67375, the OFCCP initiated rulemaking under the new […]
Following a New York federal court’s ruling that struck portions of the DOL’s recent regulations governing FFCRA leave, the DOL has issued further rulemaking with expanded explanations. The new rulemaking largely reaffirms the prior regulations, including the specific rules struck by the New York court, but modifies the DOL’s prior rules regarding the FFCRA’s exclusion […]
A New York court has struck the “vertical” component of the DOL’s recent Joint Employer rule, ruling it is invalid as “arbitrary and capricious.” To be clear, the Department’s justifications for engaging in rulemaking are valid. Promoting uniformity and clarity given the (at least superficially) [parenthetical in original] widely divergent tests for joint employer liability […]
The EEOC has formally acknowledged its own limitations on its authority to bring a “pattern or practice” lawsuit against an employer. When the EEOC brings such a lawsuit, it is not acting in a representative capacity on behalf of any particular employees (as it does in a so-called sec. 706 claim, citing Title VII’s relevant […]
The Ninth Circuit has held that time spent in a mandatory post-shift search constitutes “hours worked” that must be paid under the Fair Labor Standards Act. The case was filed against Apple, which argued the time should not be compensable, especially in a class (collective) action, because the employees only needed to go through the […]
Honored to be named in Best Lawyers in America.
Following on the Third Circuit‘s ruling that gig-economy drivers, like those for Uber and Lyft, are not required to arbitrate, the Ninth Circuit held that so-called final mile drivers for Amazon, who deliver products from Amazon warehouses to their final destination also fall into the interstate transportation exception and therefore are not required to arbitrate. […]
The CDLE has issued a revised INFO #6A, which is its summary explaining the aspects of Colorado’s new sick leave law taking effect 1/1/2021. The CDLE summarized its changes to INFO #6A, as follows: (1) Pg. 1: In the list of 3 situations that qualify for leave, a non-substantive wording change to category #3 (leave […]
State and local governments in at least 12 states (Washington, Oregon, California, Nevada, Arizona, Colorado, Michigan, Pennsylvania, New York, New Jersey, District of Columbia, Massachusetts) have or are in the process of enacting new emergency sick leave laws, which either supplement coverage of existing federal coronavirus-related leave rights and/or implements all new general sickleave requirements, […]
A New York federal trial court has struck three portions of the DOL regulations implementing the FFCRA’s emergency paid sick leave. The State of New York challenged and the trial court struck these three portions of the DOL regulations: A requirement that emergency paid sick leave is available only if the employer has work available; […]
The CDC has shifted from a test-based approach to now recommending employers follow a symptoms-based approach for its workers. As a general rule, the CDC cautions employers not to require employees to take coronavirus tests and should not require employees to provide a doctor’s note to validate the need for sick leave or the ability […]
Great time this morning on KOA NewsRadio with Dave Logan, Rick Lewis and Kathy Lee talking about the legal issues re #pac12 #pac12fb and the players demands for social justice and coronavirus reforms. Source: Bill Berger, Labor Lawyer on PAC-12 Players’ Boycott | KOA NewsRadio 850 AM & 94.1 FM | Logan & Lewis — […]
As noted in prior blog posts, Colorado employers have been, and now continue to be, held liable for unemployment benefits in bulk of unemployment claims, despite calls to return to work. “It has held remarkably steady between 16% and 18%,” Fitzgerald said of the total number of decisions that have gone for employers over the […]
Governor Polis has signed two laws into effect. The Healthy Families and Workplaces Act (HFWA) The Public Health Emergency Whistleblower Law (PHEW) The Colorado Department of Labor and Employment (CDLE) has issued summaries of each law (which it calls INFOs). INFO 5 (Spanish translation of INFO #5) summarizing PHEW. INFO 6A (Spanish translation of INFO #6A) summarizing […]
In a 7-2 decision, the Supreme Court upheld religious elementary schools’ ability to otherwise-discriminate against teachers under the “ministerial” exemption. Title VII, the ADEA and other anti-discrimination laws recognize a ministerial exemption, consistent with the First Amendment, that permits a synagogue, for example, to require that its rabbi actually be Jewish and that she adhere […]
When passed, so-called “Obamacare” contained exemptions from its contraceptive-coverage requirements for religious organizations and other non-profits that hold sincerely held religious objections. Following a series of regulatory developments and judicial decisions, eventually, by 2018, the Trump Administration expanded the exemptions to include private employers, including even publicly traded companies, and secular universities, even with regard […]
The EEOC has increased the mediation and conciliation opportunities available to employers as part of its charge-handling procedures. Mediation is the process employers are most familiar with. Some, but not all, charges are automatically eligible for mediation when a charge is filed with the EEOC. Employers will have noticed receiving a written offer to mediate […]
The EEOC updated its FAQ guidance with Q&A no. A7, advising that an employer may not require coronavirus antibody testing (which is the blood test done to see if the person’s blood suggests they were previously exposed to the virus sufficient to create antibodies) as part of a company’s return-to-workplace program. However the EEOC advised […]
OSHA issued an updated FAQ re cloth face coverings and the kind of masks commonly worn regarding coronavirus (called “surgical” masks by OSHA, as distinguished from what it calls “respirators (e.g., filtering face pieces)”). OSHA explains that cloth face coverings are worn, not to protect the wearer, but to reduce the expression of virus by […]
The Colorado Court of Appeals recently held that an arbitration agreement is enforceable even if complying with its governing-rules language is impossible. In the case, the parties entered into an arbitration agreement calling for any dispute to be governed by the rules of a particular arbitration company. One of those rules was that only that […]
The Supreme Court held that LGBTQ status is already protected within Title VII’s meaning of the word “sex.” Today, we must decide whether an employer can fire someone simply for being homosexual or transgender. The answer is clear. An employer who fires an individual for being homosexual or transgender fires that person for traits or […]
If an employee tests positive, does an employer have an obligation to investigate whether it is “work-related”? OSHA thinks so, now, but investigating and determining “work-relatedness” may not be as easy — or as lawful — as OSHA believes. OSHA issued a revised enforcement guidance that now imposes on some employers a duty to investigate […]
Congress passed and President Trump signed the PPPFA (Paycheck Protection Program Flexibility Act), which grants greater flexibility for PPP loan borrowers. Among its changes, the PPPFA Reduces the required ratio of loan usage on payroll from 75% to 60% Permits loan funds to be used over a 24- not 8-week covered period Extends the deadline […]
Employees have begun filing lawsuits against their employers alleging inadequate safety measures in place to protect against coronavirus. So far, two lawsuits have reached an initial-decision stage: Rural Community Workers Alliance v. Smithfield Foods, Inc., case no. 5:20-CV-06063-DGK. See Order Granting Defendant’s Motion to Dismiss dated 5-5-2020. Massey v. McDonald’s, case no. 2020CH04247. See initial […]
