As federal and state safety and health guidelines in response to the COVID-19 pandemic call for extensive use of personal protective equipment (PPE) in the workplace, employers should give their policies on “donning and doffing” a fresh look. Pandemic-related reopening orders issued by state and local governments may include requirements
Articles Discussing Human Resources And Other Workplace Topics.
Pandemic Necessitates Review of “Donning and Doffing” Policies
As federal and state safety and health guidelines in response to the COVID-19 pandemic call for extensive use of personal protective equipment (PPE) in the workplace, employers should give their policies on “donning and doffing” a fresh look. Pandemic-related reopening orders issued by state and local governments may include requirements that will
NAIA Grants Name, Image, Likeness Rights to Collegiate Student-Athletes
While the collegiate sports world awaits the NCAA’s final position on the issue of student-athlete name, image, and likeness (NIL) rights, another college athletic governing body has stepped forward and made the initial legislative enactment authorizing student-athletes to profit from the use of their name, image, and likeness.
The National
SEC Adopts Amendments to Whistleblower Program Rules
The Securities and Exchange Commission has voted to adopt numerous amendments to the rules governing its whistleblower program. See https://www.sec.gov/news/press-release/2020-219
The whistleblower program serves as a significant tool for the Commission to encourage individuals to come forward with information regarding suspected security fraud. As set forth in the SEC’s press
Suspension of Employee Based on Marijuana Odor and Positive Test Result Did Not Violate CBA
A strong odor of marijuana was sufficient to constitute reasonable suspicion to test, and a positive drug test result constituted just cause for a ten-day suspension, an arbitrator ruled in denying an employee’s grievance. ZF Active and Passive Safety and UAW, Local 1181, 20-2 ARB ¶ 7646 (Mar. 17, 2020).
OSHA Clarifies Reporting Requirement for COVID-19-Related Hospitalizations and Fatalities With New FAQs
On September 30, 2020, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) published a new series of answers to its “COVID-19 Frequently Asked Questions” (FAQs) guidance relating to an employer’s obligation to report work-related hospitalizations and fatalities that occur as a result of COVID-19. The new FAQs
Flip-flopping Guidance: The Saga Continues
Last week we wrote about government agencies’ tendencies to “flip-flop” on guidance related to preventing transmission and spread of coronavirus (“COVID-19”), and how this impacts employers’ ability to meet health and safety compliance obligations expectations and avoid regulatory liability. Underscoring these points, on Monday the U.S. Centers for Disease Control
OSHA COVID-19 Enforcement on the Rise
As the Occupational Safety and Health Administration (OSHA) enters its new fiscal year, an uptick of enforcement activity from OSHA related to the COVID-19 pandemic is expected.
Retail Industry Workplace Law Update – Fall 2020
Many jurisdictions require individuals to wear face coverings in public spaces, including in retail businesses, because of the COVID-19 pandemic. But some customers have been refusing to comply.
Class actions have not spiked alongside pandemic—yet
Has the COVID-19 pandemic prompted a rise in class action employment lawsuits? Not yet, according to the numbers. For now, COVID employment litigation has been comprised mostly of single-plaintiff claims. Whether the dam will hold, however, remains to be seen.
The Jackson Lewis COVID-19 Employment Lit-Watch tracks labor and employment
COVID-19 Reporting: An Employer’s Nightmare
It is an unfortunate outcome of this pandemic that in the OSHA world, guidance lags behind enforcement. While state and federal agencies try to make up their minds on the best way of managing COVID-19 threats in the workplace, many employers who have to remain open are receiving citations and
House Passes Internet of Things Cybersecurity Improvement Act
The House of Representatives recently passed the Internet of Things (IoT) Cybersecurity Improvement Act of 2020 (the Act). The Act has been moved to the Senate for consideration. The legislation sets minimum security standards for all IoT devices purchased by government agencies.
IoT refers to the myriad of physical devices
Dear Littler: What are our voting leave obligations?
Dear Littler: We are a nationwide company with some employees working at our brick-and-mortar locations and some employees working remotely due to the pandemic. With the election coming up, employees in various states are asking about time off to vote. I thought everyone was voting by mail this year?
The Future of Diversity and Inclusion Training: The OMB Memo Prohibiting Certain Training in the Federal Government
On September 4, 2020, Russell Vought, the director of the Office of Management and Budget (OMB), issued an agency-wide memo regarding diversity and inclusion training in the federal workforce.
Shuttles and Carpooling for Manufacturing Employees During a Pandemic
The Centers for Disease Control and Prevention (CDC) has provided resources with tips and recommendations to help prevent the spread of COVID-19 when carpooling or ridesharing to and from work.