As someone who has tried more than his share of cases, I have come to the conclusion that retaliation claims are often more difficult to defend than plain discrimination claims. It’s not unusual for a jury to find that an...more
Perhaps I should not have been surprised that my clients who have mandated COVID-19 vaccines have seen far more objections to their mandates based on religious grounds than on medical conditions or disabilities. While there...more
9/16/2021
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
Public Health Emergency ,
Reasonable Accommodation ,
Vaccinations ,
Workplace Safety
When I first started advising employers in the early 1990s, a common problem was the terminated employee who demanded to be paid for a large amount of unused vacation time. In recent years, employers have gotten much smarter...more
One question that employers have been asking since the onset of the pandemic is whether they could be sued by employees who get sick as a result of being exposed to an infected coworker. Plaintiffs’ and defendants’ lawyers...more
11/11/2020
/ Amazon ,
Best Practices ,
Coronavirus/COVID-19 ,
Dismissals ,
Employer Liability Issues ,
Injunctive Relief ,
Occupational Exposure ,
OSHA ,
Workplace Hazards ,
Workplace Illness and Injury Reporting ,
Workplace Safety
While we are not willing to predict the outcome of next Tuesday’s election, we think that there is fair chance that 2020 will shatter voter participation records based on the number of early votes that have already been cast....more
It was only five days ago that we discussed how employers might soften the blow for employees whose jobs could not be performed from home. Much has happened since then. The day after our post, the Department of Labor...more
Although the risk of exposure to the Coronavirus (or “COVID-19”) within most U.S. workplaces is uncertain, employers should still review their emergency preparedness plans in response to the potential threat...more
Over the last two months, we have seen two new “Joint Employer” rules issued, the first in January, when the Department of Labor issued a new joint employer rule for Fair Labor Standards Act (FLSA) cases, previously discussed...more
Recordkeeping is not a sexy issue to write about, but I would be remiss if I did not periodically remind our readers about their recordkeeping obligations under the Occupational Safety and Health Act (OSHA).
First and...more