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Hey Georgia Businesses: Is Your COVID Warning Sign Compliant?

Hey Georgia Businesses: Is Your COVID Warning Sign Compliant?

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As I discussed in an earlier blog post, this month, Georgia enacted a COVID immunity law. Georgia businesses will generally be protected from liability over COVID-19 exposure except in cases of gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm. In addition, Georgia businesses that post a w...
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Do You Know What Your Managers Are Doing on Social Media?

Do You Know What Your Managers Are Doing on Social Media?

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With so many people working and playing at home, it is no wonder that many of them are utilizing some form of social media to keep in touch with others. That includes your managers.
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Georgia Now Has A COVID Immunity Law

Georgia Now Has A COVID Immunity Law

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Yesterday, Georgia Governor Brian Kemp signed into law S.B. 359, which will protect businesses and other organizations in Georgia from potential lawsuits over Covid-19 exposure. The law takes effect immediately.
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Maintaining the Confidentiality of Employee Health Information During the Pandemic

Maintaining the Confidentiality of Employee Health Information During the Pandemic

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In order to take the CDC recommended precautions to minimize the spread of COVID-19 in the workplace, employers must gather information about employee health. What can they gather, and what should they do with it? For answers, we look to the Americans with Disabilities Act (ADA). The ADA prohibits employee disability-related inquiries or medical exam...
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Home Alone: Current CDC Guidance on At-Home Isolation for Persons Infected with COVID-19

Home Alone: Current CDC Guidance on At-Home Isolation for Persons Infected with COVID-19

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Many states continue to see rising numbers of persons with positive COVID-19 tests, which means that workplaces in those states are dealing with employees who are infected with COVID-19. The CDC recommends that employees who test positive for COVID-19 (using a viral test, not an antibody test) should be excluded from work and remain in isolation if t...
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Handling Employees Who Refuse to Comply With a Workplace Mask Rule

Handling Employees Who Refuse to Comply With a Workplace Mask Rule

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The CDC recommends the wearing of face masks as one way to slow the spread of the novel coronavirus, and 29 states and the District of Columbia have instituted or announced statewide orders requiring face coverings in public, with similar but varying requirements. Even states that do not have mask orders are strongly recommending that citizens wear masks ...
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Let’s Talk About Employee Speech in the Workplace

Let’s Talk About Employee Speech in the Workplace

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How much control can an employer exercise over employee speech in the workplace? As an initial matter, let’s talk about the First Amendment of the U.S. Constitution. The First Amendment protects speech against interference by the government; it does not protect speech against interference by a private employer. So employees of private employers cannot pr...
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Can An Employer Terminate An Employee Who Refuses to Wear a Mask at Work?

Can An Employer Terminate An Employee Who Refuses to Wear a Mask at Work?

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As several states see dramatic increases in the number of people who test positive for COVID-19, employers must be very proactive in taking steps to protect workers and customers from the spread of the virus.  According to OSHA, employers should assess worker exposure to hazards and risks and implement infection prevention measures to reasonably addr...
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Can An Employer Fire an Employee Because of Noisy Kids in the Background of Work Teleconference Calls? It Depends.

Can An Employer Fire an Employee Because of Noisy Kids in the Background of Work Teleconference Calls? It Depends.

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A friend sent me an article about a woman who claimed that she was terminated from her job because her kids were heard in the background of her teleconference calls when she was working from home due to the pandemic.  She has retained a lawyer and is suing her employer, claiming gender discrimination, retaliation, gender harassment, intentional infliction...
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Is a Genetic Mutation a Disability? The Sixth Circuit Says Maybe.

Is a Genetic Mutation a Disability? The Sixth Circuit Says Maybe.

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Is a genetic mutation disability?  Specifically,  is the genetic mutation known as a BRCA1 mutation (Angelina Jolie revealed that she has this mutation) a “disability” under the Americans with Disabilities Act (ADA) even though the employee has not yet developed breast cancer?  In a case of first impression, the Sixth Circuit Court of Appea...
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Testing Employees for COVID-19: What Employers Can and Cannot Do

Testing Employees for COVID-19: What Employers Can and Cannot Do

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COVID-19 is still among us. Indeed, there are areas of the country where COVID-19 cases are surging.  In those areas especially, employers want to minimize the spread of the virus to other employees and customers or clients. So what tests can an employer require from employees to determine whether they have COVID-19?
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