Update 11/8/21 – On Saturday, a three-judge panel in the U.S. Court of Appeals for the Fifth Circuit in Louisiana issued a stay of enforcement of the OSHA rule mandating vaccines for employees of large businesses. The ruling blocks the OSHA rule as outlined below. We are following the situation and will keep you updated.
Undue Hardship for Religious and Medical Exemptions From a Mandatory COVID-19 Vaccination Policy
Many employers are adopting a mandatory COVID-19 vaccine policy, or they are required by owners, contractors, developers, or state, local or federal government to adopt such a policy for employees working on particular projects. The recognized exceptions to mandatory vaccination policies are for employees who have a medical condition, or employees who have a religious
The NLRB Gets Tougher on Penalties for Unfair Labor Practices
Several months ago, we settled an unfair labor practice charge filed by an employee against our client alleging retaliation for the employee’s protected concerted activity. The employee had enlisted the support of other employees in challenging certain pay practices, and it was alleged that the charging party was terminated because of those efforts, rather than
The National Labor Relations Board and College Athletes in a New World
In 2015 the National Labor Relations Board (NLRB) declined to exercise jurisdiction over a petition filed by a union seeking to represent Northwestern University’s scholarship football players. The NLRB was unwilling to make an affirmative decision as to whether the Northwestern University scholarship football players were “employees” within the meaning of the National Labor Relations
An Employer’s Guide to Addressing Requests for Religious Exemption From a Mandatory COVID-19 Vaccine Policy
Employers mandating that employees be vaccinated against COVID-19 should know how to respond to an employee’s request for a religious exemption from the vaccination policy. In this post, I discuss the process an employer can use to distinguish an employee’s personal opposition to a vaccination from a sincerely held religious belief that qualifies as a
Data Breaches: How Employers Can Protect Themselves from the Fallout
Cyberattacks on employers’ systems or on third parties with whom employers do business are on the rise across the country. Employers need to take a hard look at their current systems to avoid a data breach that affects their employees. In this podcast, Phyllis Karasov and Chris Young discuss how employers can plan for the
What to Do about Vaccinations: Employer Recommendations
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
We Are on the Brink of Change – Labor Law Under President Biden’s Administration
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
Larkin Hoffman’s Employment Attorneys Help Navigate Workplace Issues During COVID-19
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
The American Rescue Plan Act Subsidizes 100% of COBRA Premiums
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