In the aftermath of the killing of George Floyd and the resulting Black Lives Matters protests, many companies, including construction companies, issued public statements decrying racism and asserting their support for improvements in diversity and inclusion in their companies, their industry, and the country.
Articles Discussing Human Resources And Other Workplace Topics.
Right to Refuse to Bargain Over Union’s COVID-19 Proposal in Collective Bargaining Agreement?
Construction employers should remain mindful of the terms of their collective bargaining agreements and their obligations under the National Labor Relations Act, the National Labor Relations Board (NLRB) Division of Advice reminded employers in five COVID-19 Advice emails as construction continues and resumes during the COVID-19 pandemic.
Federal Judge Declares Portions of Pennsylvania’s COVID-19 Mitigation Orders Unconstitutional
Finding the good intentions behind COVID-19-related safety orders laudable but insufficient to overcome liberty interests in the rights to free assembly, due process, and equal protection, a federal judge in Pittsburgh has declared unconstitutional portions of COVID-19 orders enacted by Pennsylvania Governor Tom Wolf.
Amended Workers’ Compensation Benefits for COVID-19 Positive Employees
Governor Newsom signed Senate Bill 1159 (“SB 1159”) on September 17, 2020, which could expand the definition of injury under the workers’ compensation system to include illness or death resulting from COVID-19. In May, the governor had issued an executive order which created a presumption that any COVID-19-related illness of
The Race for a COVID-19 Vaccine – Planning for the Employer Response
Many employers are hopeful that a vaccine for COVID-19 will be the silver bullet that will enable employers to return to some semblance of a pre-COVID workplace. Assuming a vaccine is developed, can an employer mandate that employees be vaccinated before coming back to work? What happens when an
Is a COVID-19 Mandatory Vaccine in Your Company’s Future? Considerations at the Start of Flu Season
Each year we review the validity of mandatory flu vaccinations. It is usually in the context of health care organizations, as few other employers have had the same need. In the last few years, the analysis has remained the same: (1) what is the justification (often, employee and patient safety);
Remote Work Expenses and Employer Reimbursement Requirements
With the pandemic continuing, many offices remain closed and many employees are performing their job duties remotely from home. This had led many employers reasonably to ask, “what types of expenses are we required to pay for?” Unfortunately, the law is very unclear
EEOC Again Updates Its COVID-19 Disability Accommodation and EEO Guidance
As we previously reported, since the outset of the COVID-19 pandemic, the U.S. Equal Employment Opportunity Commission (EEOC) has issued instructions, statements, and guidance to help employers navigate COVID-19’s workplace impact. On September 8, 2020, the EEOC updated its “Technical Assistance Questions and Answers,” which include updates relating to COVID-19
Michigan Executive Order Clarifies COVID-19 Standard
On August 27, 2020, Michigan Governor Gretchen Whitmer issued Executive Order 2020-172. The Executive Order affirms that employers are prohibited from discharging, disciplining, or retaliating against employees who stay home when they or their close contacts are sick.
However, the Executive Order redefines the “principal symptoms of COVID-19” as follows:
Marijuana Legalization Update for 2020: A Primer on the Latest Medicinal and Recreational Use News
In the past several years, marijuana legalization has become an increasingly difficult issue for employers to navigate. Marijuana legalization raises challenging workplace questions related to drug testing, disability accommodation, workplace safety, hiring, and employment termination, among other issues. Because of the fast-evolving nature of marijuana laws, and the wide variance
EEOC Updates COVID-19 Guidance
This week, the U.S. Equal Employment Opportunity Commission (“EEOC”) published an update to its guidance titled “What You Should Know About COVID-19 and the ADA, Rehabilitation Act, and Other EEO Laws (WYSK).”
More EEOC COVID-19 Guidance: Testing, Screening, Managers, Confidentiality, and Telework
Since March of this year, the Equal Employment Opportunity Commission (EEOC) has released guidance on a near-monthly basis addressing various FAQs concerning COVID-19 issues. The guidance has focused on disability-related inquiries, confidentiality, hiring, and reasonable accommodations under the Americans with Disabilities Act (ADA), as well as issues under Title VII
The State of American Employment in the Midst of the Pandemic
Littler’s Workplace Policy Institute’s (WPI) annual Labor Day report examines the state of the American workforce. Prior WPI Labor Day reports focused on key employment developments and trends to provide employers with insight on the state of work and what to expect in the coming year. Employers need no
Have You Started Your COVID-19 Training and Infectious Disease Plan In Virginia?
Virginia recently enacted its Emergency Temporary Standard for COVID-19. The standard’s requirement that employers train workers came and went on August 26, 2020. Virginia Occupational Safety and Health expects employers to complete their Infectious Disease Preparedness and Response Plans no later than September 25, 2020.
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Dear Littler: What Do We Do If We Cannot Bring Our Employees Back From Furlough?
Dear Littler: At the start of the pandemic, our company—like countless others—had to furlough a number of our employees. We thought we’d be able to fully resume operations by the summer. Unfortunately, COVID-19 is still widespread in our area. It’s approaching six months, and although certain departments are up
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