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
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
Does your employee handbook create an employee contract? The answer might surprise you!
This post is co-authored with
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.
Do You Need a Teleworking Policy?
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
Did You Know There Is a New Independent Contractor Ordinance in the City of Minneapolis Effective January 1?
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
The Changing Landscape of Union Organizing and Worker Activism
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
The COVID -19 Vaccine is Here! What’s Ahead?
Now that the first COVID-19 vaccines are being delivered and administered and a second vaccine is close behind, employers are asking whether they can require that employees be vaccinated. In September, Dan Ballintine and I recorded a podcast on mandatory vaccines. On December 16, 2020, the EEOC issued guidance on the ADA and vaccines.
The Minnesota Employer’s Guide to Navigating Workplace Issues During COVID-19
When COVID-19 began its pernicious spread, causing Americans to lock down and employers to close or curtail their workplaces, lawyers were busy advising clients on required leaves of absence, the eligibility of laid-off employees for unemployment compensation and other paid benefits, as well as other legal issues associated with closing a business or sending a
To Require Vaccines or Not: That is the Question
We are all waiting for a COVID-19 vaccine. When we have a vaccine, can an employer require that applicants and employees be vaccinated against COVID-19? Employers have a legitimate desire to keep their workplaces safe and to protect their employees from contracting COVID-19 in the workplace. Phyllis Karasov and Dan Ballintine discuss the practical and legal issues associated with an employer mandatory vaccination program.
Continue Reading To Require Vaccines or Not: That is the Question
Phyllis Karasov and Dan Ballintine Discuss Re-opening a “Safe” Workplace: OSHA, ADA and More
Employers are legally required to make their workplaces “safe” for their employees and customers. What does “safe” mean, given that no employer can guarantee a virus-free workplace? What are the rules on screening employees, taking temperatures, and refusing to allow employees showing symptoms of COVID-19 into the workplace? This session will talk about how to