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Lawfully Handling Employee Mental Health Issues

| Articles
Thanks to the effects of a worldwide pandemic and revelations by high profile athletes, the issue of mental health is being openly discussed. Such discussions may even happen in your workplace. So how do you deal with employees who reveal that they are struggling with mental health issues, either their own or those of a close family member?
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Can An Employer Fire Employees Who Refuse To Come Back to the Office?

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As COVID restrictions ease, many employers are deciding whether to require employees who have been working remotely to come back to the office. So can an employer fire employees who refuse to come back to the office? Yes–with some important exceptions.
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Think Before You Require Your Employees to Sign Non-compete Agreements

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Today, the President issued an Executive Order broadly tackling the issue of competition in the marketplace. One of the particular issues that the FTC has been tasked with is to restrict the use of non-competition agreements that have become common in certain industries and limit worker mobility. In addition, several states have enacted laws that restrict...
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EEOC Issues Updated Guidance on Avoiding Discrimination Against Transgender Employees

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Last week, on the first anniversary of the U.S. Supreme Court’s decision in Bostock v. Clayton County, in which the Court held that Title VII’s prohibition on discrimination on the basis is “sex” encompasses sexual orientation and transgender status, the EEOC issued some updated guidance regarding the treatment of transgender employees in the workpla...
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Religious Liberty vs. LBGTQ Rights: Narrow Supreme Court Decision Fails to Resolve Many Questions

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One of the most eagerly anticipated decisions coming from the U.S. Supreme Court this term was Fulton v. Philadephia, a case involving a Catholic charity’s challenge to a Philadelphia ordinance that excluded it from part of the city’s foster-care program because the charity would not help place children with same-sex couples. The charity argued that ...
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OSHA Issues COVID Emergency Temporary Standard–For Healthcare. Is There More to Come?

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Today, the Department of Labor released the long-awaiting OSHA Emergency Temporary Standard (ETS) for dealing with COVID-19. This ETS applies to all settings where any employee provides healthcare services or healthcare support services.
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EEOC Updates Guidance on Vaccinations, and Yes, Employers Can Require Employees to Be Vaccinated

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Late last week, just before most of us enjoyed a long holiday weekend, the EEOC issued some additional guidance addressing questions arising under the federal equal employment opportunity laws in regard to employees and COVID vaccinations. Considering that the distribution of vaccines started in February, the EEOC is a little late to the party, but better...
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Let’s Talk About HIPAA

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A lot of people talk about HIPAA, but how many of them have actually read the law? Not very many, from what I have seen and heard people say about HIPAA. Let’s set the record straight.
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Can An Employer Ask for Proof of COVID Vaccination?

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Today, the CDC issued new guidance regarding persons who have been fully vaccinated aganst COVID-19. Now, fully vaccinated people no longer need to wear a mask or physically distance in any setting, except where required by federal, state, local, tribal, or territorial laws, rules, and regulations, including local business and workplace guidance...
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Have You Reviewed Your Emergency Action Plan Lately?

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Now is a great time to review your company’s emergency action plan.  Why?  We have the Atlantic hurricane season starting on June 1, and we have more workers returning to the physical workplace from their remote locations, thanks to mass vaccination.  So let’s make sure everyone knows what to do in the event of an emergency.  Note also...
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US Department of Labor Withdraws Independent Contractor Rule That Never Went Into Effect

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Today, to absolutely no one’s surprise, U.S. the Department of Labor formally withdrew the Independent Contractor Rule that had been implemented by the previous administration. The withdrawal is effective on May 6, 2021. After a long, strange trip, the Rule never went into effect. It should be noted, however, that some employer groups have filed a lawsuit...
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