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EMPLOYMENT LAW UPDATE

Civility & conduct rules, marijuana, and website access & ADA on the HR radar

By Mike O’Brien Get ready to take a new look at your employee handbook. The National Labor Relations Board (NLRB) is widely expected to issue a decision soon that will mean increased scrutiny of common types of workplace rules, including civility and conduct rules. In a case pending before the Board, its General Counsel submitted a brief last month urging a return to an Obama-era standard for assessing the lawfulness of employer rules. A quick primer may be helpful. The NLRB is the federal agency charged with enforcing the National Labor Relations Act (NLRA). Section 7 of the Act gives employees the right to discuss pay and other terms and conditions of employment, and to engage in concerted activity to improve them. A common misunderstanding is a notion that the… . . . read more.

EMPLOYMENT LAW UPDATE

“Long COVID” looms ahead as leading ADA claim?

By Mike O’Brien Legal commentators are already predicting that the condition now known as “long COVID” may displace back conditions as the leading impairment asserted in charges brought under the Americans With Disabilities Act (ADA). CNN recently reported, “A large study has revealed that one in three Covid-19 survivors have suffered symptoms three to six months after getting infected, with breathing problems, abdominal symptoms such as abdominal pain, change of bowel habit and diarrhea, fatigue, pain, anxiety, and depression among the most common issues reported.” To date, COVID-19 has infected some 43 million Americans. The United States Department of Health and Human Services (HHS) already has opined here that “long COVID can be a disability under” the ADA. The Equal Employment Opportunity Commission (EEOC) agrees, citing the HHS paper. Guidance issued for federal contractor vaccine mandate… . . . read more.

EMPLOYMENT LAW UPDATE

Disability discrimination and lookism in the workplace

By Mike O’Brien EEOC sues a work placement agency on behalf of disabled workers for disability discrimination The EEOC announced this week that it has filed suit under the Americans with Disabilities Act (ADA) against a Hawaii work placement agency for disabled workers. The suit alleges that the agency refused to provide sign language interpreters for deaf employees, despite repeated requests by several deaf individuals. The workers had asked for interpreters to be present at staff meetings where matters such as work safety, protocols, and assignments were discussed. Despite these requests for accommodation, the agency declined to provide interpreters and instead gave the deaf workers written notes and handouts, or asked a deaf employee to interpret for other deaf employees. The EEOC asserts that these accommodations were ineffective and that as a… . . . read more.

RISK MANAGEMENT

Trap to avoid: Asking employees about their latex allergies

“Are you allergic to latex?”
It seems like a perfectly legitimate thing to ask, especially to an employee who’s expected to…


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MENTAL HEALTH

How to create a good mental health work environment for employees

Most people are aware that employees with a physical illness or disability are entitled to a reasonable accommodation under the…


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MANAGING THE OFFICE

Can you require your medical office workers to get a flu shot?

Vaccination is the most effective defense against flu viruses. So it behooves you to ensure that your medical office workers get flu shots every year at the start of…


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INSIGHT

When an opioid crisis hits your medical practice

By Lynne Curry  bio
The first time you saw “Bill” appear to nod off during a staff meeting, you pulled him aside after the meeting. When you asked if he was okay, he said he was. You gave him the…


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INSIGHT

Here’s my latest Employment Law update prepared for many HR professionals

By Mike O’Brien  bio
Lots of ADA Facility Lawsuits in Utah: Here is an interesting legal news update from my partner Mike Judd: Title III of the Americans with Disabilities Act (ADA) requires places of…


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