How could something so convenient be so risky?
Artificial intelligence in Human Resources is the greatest, right? It can screen thousands of applications in nanoseconds and narrow the field just to the types of people with...more
And on to President Biden, who is expected to sign.
Yesterday, the U.S. Senate passed by voice vote the "Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act." The legislation passed the House on Monday,...more
Biden promises a nominee by end of February.
Justice Stephen Breyer has announced his retirement from the U.S. Supreme Court effective sometime this summer, presumably to guarantee that President Biden rather than a...more
The Occupational Safety and Health Administration officially withdrew its COVID-19 vaccination Emergency Temporary Standard, effective today.
The government has also asked that the ETS litigation (NFIB v. U.S. Department...more
Where does OSHA go now?
The Occupational Safety and Health Administration, I'm sure you've heard, officially withdrew its COVID-19 vaccination Emergency Temporary Standard, effective today...more
Two justices flip to the other side.
The Supreme Court voted 5-4 today to stay two injunctions that were keeping a vaccine mandate issued by the Centers for Medicare & Medicaid Services from taking effect in 25 states...more
I won't be as giddy as I was yesterday.
As almost everyone knows, the U.S. Supreme Court yesterday reinstated a stay on the "vax-or-test" mandate issued by the Occupational Safety and Health Administration. As a result,...more
1/14/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Vaccinations ,
Virus Testing ,
Workplace Safety
While we wait.
I was really hoping that by yesterday the Supreme Court would have stayed the Emergency Temporary Standard that was issued by the Occupational Safety and Health Administration. Maybe today?...more
1/11/2022
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employer Mandates ,
Masks ,
Oral Argument ,
OSHA ,
Popular ,
SCOTUS ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Supreme Court argument on OSHA ETS starts at 10 a.m. ET.
The U.S. Supreme Court will hold oral argument today at 10 a.m. Eastern on the COVID-19 vaccination Emergency Temporary Standard issued by the Occupational Safety...more
Let's start off 2022 with a bang!
On Friday, January 7, the U.S. Supreme Court will hear arguments on two of the Biden Administration's COVID-19 vaccination mandates -- the Emergency Temporary Standard issued by the...more
12/23/2021
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Covered Employer ,
Employer Mandates ,
Executive Orders ,
Healthcare Workers ,
Joe Biden ,
OSHA ,
SCOTUS ,
Vaccinations ,
Virus Testing
The Emergency Temporary Standard issued by the Occupational Safety and Health Administration was stayed on November 6, but the stay was lifted on Friday night. Opponents of the ETS immediately asked for Supreme Court...more
Opponents of the ETS have requested Supreme Court review.
In a decision issued last night, the majority of a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit upheld the Emergency Temporary Standard on...more
This week in Vaccine Mandate/Injunction Land.
Well, kids, it's been another riotous week in the world of federal vaccine mandates. Here is where everything stands as of Friday morning Eastern Time, December 17, 2021:...more
12/17/2021
/ Appellate Courts ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Home Healthcare Workers ,
OSHA ,
Preliminary Injunctions ,
Subcontractors ,
Vaccinations
From my blog inbox . . .
"DEAR ROBIN: I am 8 years old.
"Some of my little friends say that COVID-19 is not protected by the Americans with Disabilities Act.
"Papa says, 'If you see it in EMPLOYMENT AND LABOR...more
This week's vaccine wisdom (subject to change at any time).
Is my company required to mandate vaccinations for employees?
Possibly. Apart from the mandate for federal employees, there are three types of COVID vaccination...more
12/3/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Healthcare Facilities ,
Healthcare Workers ,
Injunctions ,
OSHA ,
Recordkeeping Requirements ,
Religious Exemption ,
Vaccinations
Wild times.
The Occupational Safety and Health Administration has posted this on its COVID-19 and Vaccine Emergency Temporary Standard web page (emphasis is mine):...more
This post may become obsolete in the next five minutes.
A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued a new vaccine mandate decision yesterday, declining to lift the stay it had issued on...more
Well, that was fast.
A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has granted an emergency stay of the Emergency Temporary Standard that was formally issued Friday by the Occupational Safety and...more
Substantively moderate, but logistically? Ugh.
As I'm sure you all have seen, the Occupational Safety and Health Administration released yesterday its long-awaited Emergency Temporary Standard on COVID-19 vaccinations. ...more
11/5/2021
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Documentation ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Federal Employees ,
Federal Register ,
Immunization Records ,
Masks ,
Non-Exempt Employees ,
OSHA ,
Recordkeeping Requirements ,
Remote Working ,
Reporting Requirements ,
Vaccinations ,
Virus Testing
Somebody say "Amen."
The Equal Employment Opportunity Commission has added a new section to its COVID-19 guidance, related to religious objections to vaccine mandates.
I am happy (OK, relieved) to say that the latest...more
10/29/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
De Minimis Claims ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Guidance Update ,
Religious Accommodation ,
Religious Beliefs ,
Religious Exemption ,
Title VII ,
Undue Hardship ,
Vaccinations
I'm not sure the ADA will let you do that.
There has been a lot in the news lately about job applicants who include their COVID-19 vaccination status on their resumes, employers who ask applicants for that information, and...more
10/8/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
Discrimination ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Job Applicants ,
Medical Examinations ,
Medical History ,
OSHA ,
Reasonable Accommodation ,
Religious Beliefs ,
Title VII ,
Vaccinations ,
Wage and Hour
Idle speculation as employers await the actual guidance.
As you know, last week President Biden issued Executive Orders and a directive to the Occupational Safety and Health Administration to require many, many employers...more
9/17/2021
/ Coronavirus/COVID-19 ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Joe Biden ,
Labor Relations ,
Paid Leave ,
Reasonable Accommodation ,
Remote Working ,
Unions ,
Vaccinations ,
Virus Testing ,
Wage and Hour
This might help employers figure it out.
Now that employers are becoming more aggressive in requiring employees to be vaccinated against COVID-19, we are also seeing a lot of requests from employees for religious...more
And I'm not even talking about sexual harassment.
As you all know, New York Gov. Andrew Cuomo (D) tendered his resignation this week, graciously offering to work a two-week notice.
I am not going to pile on about the...more
What should employers be watching for?
Since COVID hit in full force in March 2020, many employees started working from home and having work-related discussions -- and even parties -- via videoconference.
Now that people...more
8/6/2021
/ Anti-Harassment Policies ,
Employee Training ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Furloughs ,
Remote Working ,
Secret Recordings ,
Sexual Orientation Discrimination ,
Title VII ,
Videoconference ,
Wage and Hour