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
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
Hold on to Your Hats! What to Expect Under President Biden’s Administration in Labor and Employment Law
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