On May 28, 2021, the Equal Employment Opportunity Commission (EEOC) updated its Technical Assistance Questions and Answers (Technical Assistance) about COVID-19 and Equal Employment Opportunity laws, including the Americans with Disabilities Act (ADA).  In the Technical Assistance, the EEOC addressed many questions concerning the right of employers to screen for COVID-19 and/or for symptoms of

During President Biden’s campaign, he described himself as a “union man.”  We are nearing the first 100 days of President Biden’s presidency, and his appointments to the NLRB and the U.S. Department of Labor (“DOL”) are consistent with that description.  He has been appointing pro-union representatives including current or former state and federal officials who

As COVID-19 restrictions continue to ease, many employers are navigating the best path forward for their business to ensure we keep our communities healthy while also protecting against potential litigation.  Employers and employees are asking many questions about their rights and thoughtful comprehensive planning and policies are necessary.  Employers have questions about whether they are

On March 11, 2021, President Joseph R. Biden signed the American Rescue Plan Act of 2021 (“ARP”).  Among other provisions, the ARP makes COBRA coverage more affordable by subsidizing 100% of the COBRA premiums during the period beginning April 1, 2021, until September 30, 2021, for an employee or dependent who is a COBRA “qualified

This post is co-authored with Larry Morgan, MAIR, SPHR, SHRM-SCP, GPHR
Originally published in The Minnesota Society of CPA’s

Virtually all employee handbooks contain the statement, “This handbook is not a contract.” Most employers assume with this contract disclaimer none of the policies and provisions in their employee handbook constitute a contract.

On Feb.

Before the COVID-19 pandemic, most employers were reluctant to allow employees to work from home on a continuous basis.  Many companies prohibited all teleworking or allowed employees only to work remotely when recovering from an illness or when required as a reasonable accommodation.  When COVID-19 hit, many employees began working remotely and it appears that

Change in the political party of an administration can be expected to impact the development and interpretation of federal law and regulation.  This is particularly true in the transition between former President Trump’s administration and that of President Joseph R. Biden.

President Biden has only been the President for two weeks, yet he has already

The City of Minneapolis determined that many freelance workers (independent contractors) need legal and economic protections since they are not covered by employment laws.  The City, therefore, enacted the Minneapolis Freelance Worker Protections Ordinance (the “Ordinance”).  This Ordinance, effective January 1, 2021, requires companies to enter into written agreements with most freelance workers.

The Ordinance

Union organizing is down as compared to previous years, but that does not mean employers should believe that support for labor unions has decreased.  NLRB records indicate that the number of representation petitions filed in 2020 is dramatically down from each of the previous four years.  This reduction in representation petitions can be attributed to

After much hand wringing, negotiation and name-calling, Congress has passed its second COVID-19 stimulus package, which was signed by President Trump on Sunday, December 27, 2020. For months, clients have been asking whether the Families First Coronavirus Response Act (“FFCRA”) will be renewed or whether it will expire on December 31. We now have the