The answer is it depends.
Why is the employee refusing the vaccine?
For employers mandating the vaccine, an employee’s refusal to receive it because he or she simply does not want to be vaccinated is likely fair game...more
9/24/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Guidance Update ,
OSHA ,
Reasonable Accommodation ,
Termination ,
Title VII ,
Vaccinations
As the construction industry continues to recover from the COVID-19 pandemic, it also continues to focus on worker safety. Consistent with this focus, the U.S. Department of Labor’s Occupational Safety and Health...more
You’ve attended the webinars on navigating COVID-19. You’ve read the trade publication tips. You have implemented measures to protect your workers. So, you’re ahead of the game, right? Well, you’re certainly ahead of the...more
2/10/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Reasonable Accommodation ,
Reporting Requirements ,
State and Local Government ,
Title VII ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Exceeding almost everyone’s expectations, President Donald Trump’s Operation Warp Speed has reportedly delivered fantastic news about at least two highly effective COVID-19 vaccines. One vaccine is from Moderna; the other is...more
12/15/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Duty to Accommodate ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Exemptions ,
Infectious Diseases ,
Legislative Agendas ,
Operation Warp Speed ,
Pfizer ,
Religious Exemption ,
Title VII ,
Trump Administration ,
Vaccinations
Law and Practice -
The 2020 Chambers US Regional Employment Guide features guidance on employment law across 14 states and includes a unique state comparison tool for readers. The guide provides expert legal commentary on...more
10/22/2020
/ Black Lives Matter ,
Coronavirus/COVID-19 ,
Discrimination ,
Employee Benefits ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Foreign Workers ,
Gig Economy ,
Harassment ,
Immigration ,
Independent Contractors ,
Interviews ,
New Guidance ,
NLRB ,
Privacy Policy ,
Remote Working ,
Restrictive Covenants ,
State and Local Government ,
Technology Sector ,
Unions ,
Whistleblower Awards ,
Workplace Safety
With the minimum guaranteed salary requirement for the most common Fair Labor Standards Act exemptions being raised from $23,660 to $35,568, effective January 1, 2020, under a final rule issued by the U.S. Department of Labor...more
12/18/2019
/ Bonuses ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Salaried Employees ,
Wage and Hour ,
White-Collar Exemptions
With only about 6.5 percent of workers in the private sector being represented by unions, many private sector employers pay little, if any, attention to the requirements of the National Labor Relations Act (NLRA)....more
4/18/2018
/ Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Section 7 ,
Social Media Policy ,
Unfair Labor Practices ,
Unions ,
Wage and Hour ,
Workplace Investigations
Fair Labor Standards Act collective action cases have become big business for plaintiffs’ lawyers. A recent decision by the Sixth Circuit in Killion v. KeHe Distributors not only illustrates the point, but also limits the...more
Fair Labor Standards Act (“FLSA”) “collective action" cases have become big business for plaintiffs’ lawyers. A recent decision by the United States Court of Appeals for the Sixth Circuit, Killion v. KeHe Distributors, not...more