The EEOC further revised its guidance to employers to clarify that it does not deem workplace antibody testing lawful under the Americans with Disabilities Act (ADA). COVID-19 antibody tests have recently been touted as a way...more
I started these posts after my partner Travis Vance and I realized that our clients and Firm friends are eager for information in areas other than labor, OSHA, and employment law. A number of nationally renowned thought...more
1/22/2018
/ Bureau of Labor Statistics ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Government Shutdown ,
Hospitality Industry ,
Hotels ,
Local Ordinance ,
NLRB ,
Nominations ,
OSHA ,
Secretary of Labor ,
Senate Committees ,
Unions ,
Workplace Injury ,
Workplace Safety
If Congress cannot approve a budget by this Friday at midnight, the federal government will shut down. What will this mean for employers across the country? A look back at the most recent government shutdown will provide...more
1/18/2018
/ Budget Reconciliation ,
Department of Defense (DOD) ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
E-Verify ,
Employees ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Government Shutdown ,
Green Cards ,
Labor Relations ,
NLRB ,
OSHA ,
PERM ,
Small Business ,
Trump Administration ,
US State Departments ,
USCIS ,
Visas ,
Wage and Hour ,
Work Visas ,
Workplace Safety
I am not encouraging workplace violence, even for individuals who may deserve a good old fashioned whooping. However, it is worth noting that one of the few Hollywood celebrities to have largely survived the onslaught of...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. August was no...more
9/9/2017
/ Affirmative Action ,
Appeals ,
Audio Recording ,
Class Action ,
Classification ,
College Admissions ,
Corporate Counsel ,
Data Breach ,
Department of Justice (DOJ) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Gig Economy ,
Green Cards ,
Hardship Distributions ,
Hurricane Harvey ,
Identity Theft ,
Independent Contractors ,
NLRB ,
On-Demand Services ,
Online Platforms ,
Over-Time ,
Pay Data ,
Popular ,
Standing ,
Trump Administration ,
Unions ,
Vetting ,
Wage and Hour ,
Wellness Programs
It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. May 2017 was no different, with...more
6/5/2017
/ Affordable Care Act ,
American Health Care Act (AHCA) ,
Class Action Arbitration Waivers ,
Day of Rest Laws ,
E-Verify ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Workweek ,
Fast-Food Industry ,
Federal Budget ,
Federal Contractors ,
Food Service Workers ,
Gig Economy ,
Immigration Reform ,
Legislative Agendas ,
Minimum Wage ,
New Legislation ,
NLRB ,
OFCCP ,
On-Call Employees ,
OSHA ,
Paid Leave ,
Parental Leave ,
Popular ,
Portable Benefits ,
Repeal ,
Retail Workers ,
Sick Leave ,
Travel Ban ,
Trump Administration ,
Work Schedules
Heat is Creating More Legal Problems this Summer.
It has been close to 100° in many southern states and even worse in the West. The Union of Concerned Scientists has warned of a “dangerous heat wave and steps to take....more
Employers have become accustom to the periodic unfounded EEOC charges and may not treat them as seriously as a retaliation claim or litigation. However, the EEOC continues to change its procedures in ways which makes it more...more
I try not to rely on “the sky is falling” marketing. So please seriously consider my following “New Year’s Resolutions”. I prefer to prevent problems.
With no further ado, here are my recommended 2016 Labor, OSHA,...more
On October 1, OSHA started its “Enforcement Weighing System,” which means that OSHA Compliance Officers and Area Offices will be under less pressure to complete a number of inspections and will receive credit for separate...more
10/5/2015
/ Department of Labor (DOL) ,
Distributors ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Health Care Providers ,
Hospitals ,
Manufacturers ,
NLRB ,
OSHA ,
Popular ,
Reporting Requirements ,
Safety Inspections ,
Strategic Enforcement Plan ,
Temporary Employees ,
Unfair Labor Practices ,
Wage and Hour ,
Whistleblowers ,
Workplace Violence
Almost 4.1 million employees missed work due to illness last January, which was the most since 2008. Even worse, the four-month peak season lasted through March, so the numbers continued to add up. Some years, absences...more
It was surprising and disappointing to read about a punitive damages award against a North Carolina employer who allegedly tolerated employees referring to an African-American coworker as a “coon” and offering him a hangman’s...more
King Pyrrhus of Epirus defeated the Roman army in the battle of Asculum, but at great cost. His comment, “Another such victory would utterly undo me,” applies to employment litigation....more