Articles

Doctor holding injection needle
On December 7, 2021, U.S. District Judge Stan Baker of the U.S. District Court for the Southern District of Georgia, granted a nationwide injunction staying enforcement of the federal government contractor vaccine mandate. The law firm of Wimberly, Lawson, Steckel, Schneider & Stine, P.C. represented the Associated Builders and Contractors (ABC), a tr...
hand on window while raining
As noted in my blog post last week, it was expected that there would be many challenges to the COVID Emergency Temporary Standard (ETS). Those challenges were filed very quickly, and on Saturday, the Fifth Circuit Court of Appeals stayed enforcement of the ETS based on “grave statutory and constitutional issues.”
guys outside working on something
On September 9, 2021, President Biden signed Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, which directs executive departments and agencies, including independent establishments subject to the Federal Property and Administrative Services Act, 40 U.S.C. § 102(4)(A), to ensure that covered contracts and contract-li...
medical supplies on a pink table
The Biden Administration promised us a COVID-19 vaccine mandate, and today it arrived for private employers of 100 or more employees. [There is also a mandate for federal contractors and another for healthcare workers, but we are not going to talk about those in this post.] The Occupational Safety and Health Administration (OSHA) issued an emergency temp...
doctor with blue gloves giving person a covid vaccine, indoors
Yesterday, the EEOC updated its Guidance regarding COVID-19, specifically addressing employee religious objections to employer vaccination policies. What we learned is something we pretty much already knew; at least, it is the advice that we have been giving to clients, namely, that a political objection to vaccination is not protected by Title VII.
loading person up on an ambulance
Everybody likes a good Top Ten list, and those of us who follow OSHA like to know what types of violations make it to OSHA’s Top Ten list. So here we go–the following are the Top Ten Most Cited Violations by OSHA in 2021:
candles burning on a rack indoors in the dark
In our discussions of rules mandating COVID-19 vaccines, we’ve mentioned the two possible exemptions to a vaccine requirement: disability and religion. Let’s break down the religious exemption. Under Title VII of the 1964 Civil Rights Act, a covered employer is required to “reasonably accommodate” an employee’s sincerely held religious beliefs or practic...
yellow rubber gloves on hands reach high
The National Labor Relations Board (NLRB) is one of the federal agencies that many employers do not have on their radar. The NLRB is most closely associated with union organizing efforts and collective bargaining agreements between unions and companies. In 2020, only 10.8 percent of wage and salary workers in the US were members of unions (according to th...
woman looking at her smart phone, in a suit outdoors
Sometimes, I just have to shake my head when I read about an employment decision gone horribly wrong. And this one is really a head shaker: according to a lawsuit just filed by the EEOC, a manager at a Franklinton, Louisiana, restaurant fired a newly-hired worker after sending her a social media message saying, “I’m not gonna be able to hire you. I didn’t...
Person getting a vaccine injectionm indoors
Yesterday, the Biden administration announced that the Labor Department will issue a regulation requiring companies with 100 or more employees to ensure their workforces are either “fully vaccinated” or test negative for Covid-19 at least once a week. The regulation will be issued by OSHA, most likely in the form of an Emergency Temporary Standard (ETS). ...
man on couch indoors, hand on his head
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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