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AWAITS SIGNATURE

Forced arbitration of sexual assault and harassment coming to an end

By Mike O’Brien The United States Senate passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act in February. The legislation had previously been approved by the House of Representatives, and now awaits President Biden’s signature. Once signed, the new law will amend the Federal Arbitration Act to make pre-dispute mandatory arbitration agreements unenforceable with respect to claims of sexual assault or sexual harassment. Rather than being required to arbitrate such claims, the employee-plaintiff will have the option to bring the case in court or before an arbitrator. The bill had broad support in both political parties. Importantly, the law does not apply to arbitration agreements for other types of employment-related claims. Employers who use mandatory arbitration agreements should consult with experienced employment law counsel about how this… . . . read more.

EMPLOYMENT LAW UPDATE

Watch for vaccine mandate and outcome of remote work lawsuit

By Mike O’Brien  Watching for OSHA’s new vaccine mandate rule President Joe Biden has instructed the United States Department of Labor Occupational Safety and Health Administration (OSHA) to develop an emergency rule that will require private-sector employers with 100 or more employees to mandate that their employees be vaccinated or receive a weekly negative COVID-19 test. Employers who fail to do so will face fines. In addition, regardless of employee headcount, OSHA will require all federal contractors to mandate vaccinations for their employees with no option for employees to receive weekly testing instead. Similarly, OSHA will require all employers in healthcare settings that receive Medicare or Medicaid reimbursement to mandate employee vaccinations, with no weekly testing option. President Biden’s announcement was welcomed by many business leaders but criticized by Republican… . . . 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.

EMPLOYMENT LAW UPDATE

New guidance, sort of, about COVID-19 in the workplace

By Mike O’Brien EEOC provides new COVID-19 guidance The Equal Employment Opportunity Commission (EEOC) has released some new guidance on COVID-19 issues at work. Here are the four EEOC-noted highlights of the most recent update, in late May: First, an employer can require that all employees physically entering the workplace be vaccinated for COVID-19, so long as employers comply with the reasonable accommodation provisions of the laws prohibiting disability and religious discrimination. Additionally, from the EEOC’s perspective, “employers should keep in mind that because some individuals or demographic groups may face greater barriers to receiving a COVID-19 vaccination than others, some employees may be more likely to be negatively impacted by a vaccination requirement.” Second, the federal EEO laws do not prevent/limit employers from offering incentives to employees to get… . . . read more.

EMPLOYMENT LAW UPDATE

EEOC issues COVID-19 vaccine guidance

By Mike O’Brien bio On Dec. 16, 2020, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 guidance to include a section devoted to vaccinations. The EEOC’s guidance answers these and other COVID-19 vaccine questions: “Is asking or requiring an employee to show proof of receipt of a COVID-19 vaccination a disability-related inquiry?” “If an employer requires vaccinations when they are available, how should it respond to an employee who indicates that he or she is unable to receive a COVID-19 vaccination because of a disability?” “If an employer requires vaccinations when they are available, how should it respond to an employee who indicates that he or she is unable to receive a COVID-19 vaccination because of a sincerely held religious practice or belief?” “What happens if an employer cannot… . . . read more.

COMPLIANCE

The duty to accommodate the religious beliefs of employees & job applicants

Federal and state laws ban employers from discriminating against employees on the basis of religion. Mere tolerance of religious differences in the workplace…


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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

Employment Law Update: The Weinstein Edition

By Mike O’Brien  bio
Your news feed, like mine, has exploded with references to someone named Harvey Weinstein for the past few weeks. What’s up? Weinstein is a well-known…


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MANAGING THE OFFICE

Compliance quiz: Which employees can you discipline for smoking pot at work?

Your practice is located in Colorado, Washington or another state where recreational and medical marijuana use is legal…


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INSIGHT

Employment Law Update for HR Managers

By Mike O’Brien  bio
Here is my periodic update prepared for interested HR professionals trying to deal with the complex American employment laws…


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