All Blog postsOn August 26, 2022, a putative class action brought on behalf of over 100 employees of a healthcare clinic, challenging the clinic’s policy requiring that its employees either receive COVID-19 vaccines or be tested twice weekly for the virus, was dismissed by the U.S. District Court for the Middle District of Pennsylvania. The court rejected the claim that the employer’s COVID-19 vaccination and testing requirements constituted religious discrimination.
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Pennsylvania Federal Court Dismisses Religious Discrimination Class Action Challenge to Healthcare Employer’s Mandatory COVID-19 Vaccine, Testing Requirements Posted on: September 22, 2022 In: Labor & Employment
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Avoiding the BBQ Pit(falls) of the Company Summer Picnic Posted on: July 22, 2022 In: Labor & EmploymentAfter two (or more) years of companies having to cancel the time-honored tradition of the company summer picnic and BBQ due to COVID-19 shutdowns and restrictions, both companies and their employees are eager to get back out in the summer weather and get together for water balloon fights and three-legged races. And while such celebrations are a welcome addition to the summer schedule, employers would be wise to keep in mind the following tips to ensure a safe, fun, and low-risk (legally speaking) event.
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Returning Employees to the Office Post-Quarantine: Mileage & Commute Reimbursement Posted on: July 22, 2021 In: COVID-19 ResponseNow that the height of the COVID-19 pandemic and associated government quarantines are hopefully in the rearview mirror, employers are faced with a whole new set of questions as they transition a remote workforce back to the office, including whether (and how) employers need to reimburse workers for mileage, or pay for commute time for non-exempt employees who have been working from home but are now returning to the office on a part-time or full-time basis.
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2021 California Labor & Employment Law Update / 캘리포니아 노동법 2021년 업데이트 Posted on: June 29, 2021 In: COVID-19 Response2021 has been busy so far with the enactment of many labor laws and regulations. This post, available in both English and Korean, discusses California's new labor and employment laws as well as California's COVID-19 supplemental paid sick leave.
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Federal OSHA Issues Emergency Temporary Standards for Healthcare Industry Posted on: June 24, 2021 In: COVID-19 ResponseOn January 21, 2021, President Biden issued an Executive Order, which declared that ensuring the health and safety of workers is a national priority and a moral imperative. The order directed the Occupational Safety and Health Administration (OSHA) to take action to reduce the risk that workers may contract COVID-19 in the workplace. On June 10, 2021, finding existing regulations inadequate, OSHA issued an emergency temporary standard (ETS) to address specifically workers in the healthcare industry.
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Using Artificial Intelligence to Track Growing Remote Workforce and Related Litigation Implications Posted on: June 11, 2021 In: Labor & EmploymentThe COVID-19 pandemic has changed the workplace, with the most notable change surrounding acceptability of long-term remote work. An April 2020 Gallup survey found that whereas 31% of respondent U.S. workers reported that they worked remotely between March 16 and March 19, that number grew to 62% between March 30 and April 2. By April 2, 59% of respondents stated that they desired to work from home as much as possible in the future.
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You’ve Been WARNed! Amendments to the New Jersey WARN Act May Soon Go Into Effect Posted on: June 07, 2021 In: COVID-19 ResponseOn January 21, 2021, New Jersey Governor Philip Murphy signed into law sweeping amendments to the New Jersey WARN Act, which could soon become the most expansive business closing/mass-layoff notification law in the nation. These amendments were delayed due to the COVID-19 pandemic, but could go into effect as early as September 11, 2021, so employers are encouraged to become familiar with the new requirements, outlined in this post.
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Florida Governor Signs COVID-19 Liability Shield Posted on: April 20, 2021 In: COVID-19 ResponseOn March 29, 2021, Florida Governor Ron DeSantis signed into law Florida Statute 768.38, granting significant protections to business entities, educational institutions, governmental entities, and religious institutions from claims related to COVID-19 if they made a good faith effort to follow guidelines to prevent the spread of the coronavirus. The new law aims to dissuade the filing of meritless claims for damages allegedly due to COVID-19 exposure in a few key ways.
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Colorado’s Healthy Families and Workplaces Act: What Employers Need to Know Posted on: March 17, 2021 In: COVID-19 ResponseThough the COVID-19 vaccine lurks on the horizon for the general public, the pandemic slogs on for most of the general population. As of January 1, 2021, the second of three phases of Colorado’s Healthy Families and Workplaces Act is underway, which requires employers with 16+ employees to provide paid sick leave based on hours worked. Exempt employees also receive paid sick leave depending on normal work week hours. Phase three, beginning January 1, 2022, will expand coverage to employers of any size.
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The Second Wave is Here – N.J. Executive Order 192 Imposes New Pandemic-Related Requirements for Employers Posted on: December 03, 2020 In: COVID-19 ResponseWe had all heard it was coming, and now it looks like it’s here and going to stay awhile. Businesses have been given curfews, indoor dining is curtailed again, and schools are going all virtual. We are back, but what is different this time is many people are suffering from “quarantine fatigue.” That being the case, employers must not treat this wave differently than they did the last time. New Jersey has recently set forth requirements that employers must follow for those employees in the office.
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When OSHA Knocks On Your Door: An Employer’s Guide to Workplace Inspections Posted on: August 25, 2020 In: COVID-19 ResponseSince the pandemic started, there have been over 31,000 COVID-19-related complaints to federal and state OSHA offices. OSHA has a number of ways to investigate these complaints, including written inquiries, document requests, and inspections. An OSHA inspection can sometimes be quite intimidating for employers. Therefore, employers should know their rights before OSHA shows up for an inspection. Seven key elements of OSHA inspections, along with employers’ corresponding rights, are described in this post.
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The Pandemic’s Silver Lining: Tips for Making the Most of Virtual Communication Posted on: August 20, 2020 In: COVID-19 ResponseIf there is a silver lining in the current COVID-19 pandemic, it may very well be the pervasiveness of electronic communication, including Zoom, WebEx, Blue Jeans, and other virtual platforms. Before March 12, 2020, I traveled constantly. It was not unusual to spend a day traveling, appear in court for a 15-minute case management conference, and spend another half day returning to home base only to travel again.
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