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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 t…
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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 s…
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The Costs of Not Taking COVID-19 Seriously

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By all accounts, the number of COVID-19 infections (and deaths) are on the rise and are likely to increase even more after Thanksgiving. At the same time, there is a great political divide as to how seriously folks take the virus. Politics aside, what are some of the potential costs to your business if you fail to take COVID-19 seriously? As an initial mat…
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Jurors Say the Darnedest Things

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During a trial, lawyers can be so focused on the law and facts of a case that they may not recognize that jurors may be focused on different things entirely. A federal case out of Connecticut makes this point quite nicely. (SEC v. Westport Capital Markets, LLC, No. 3:17-cv-02064 (JAM)(D.C. Conn., 10/26/20). It is not a labor or employment case, but the cond…
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Do I Need To Give My Employees Time Off to Vote?

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Election Day is one week away, so it is a good time for employers to review the laws governing voting leave in the states where they do business. Chances are that you may be required to give employees some time off to vote.
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Sorry Dude: Title VII Does Not Protect An Expectant Father From Pregnancy Discrimination

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Expectant father in New York tried to assert such a claim under Title VII and New York law, and the lawsuit was dismissed. (Van Soeren v. Disney Streaming Serv. , S.D.N.Y., 19 Civ. 10196 (NRB), 10/16/20). Not surprisingly, the Court held that Title VII’s prohibition on discrimination on the basis of pregnancy applies to employees who are actually pregnant…
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Can You Require Your Employees to Be Vaccinated for COVID-19?

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As we hopefully get closer to a safe and effective vaccine for COVID-19, employers may be wondering whether they can require employees to be vaccinated. The answer is Yes, with some important exceptions. An employer that implements a rule that requires employees to be vaccinated must build in exemptions for religion and disability.
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Employee or Independent Contractor? DOL Issues Proposed Worker Classification Rule

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Worker classification is a hot issue right now. The recent California law that classifies most workers as employees has completely upended the gig economy in that state, so it is no surprise that the law is being challenged by a number of business groups. Under federal law, whether an employer classifies a worker as an employee or an independent contractor…
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Telecommuting as a Reasonable Accommodation Under the ADA: The Pandemic Trial Run

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In the times before COVID-19, there were people (like the author) who telecommuted, but we were definitely in the minority. Now, thanks to the pandemic, many more people have been working remotely and doing so successfully. And according to some new EEOC Guidance, successful telecommuting could be considered something of a trial run for those employees who…
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DOL Issues New Guidance: No FFCRA Paid Leave If School Is Open But Parent Chooses Remote Learning

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Yesterday, the Department of Labor issued some new guidance on the paid leave provisions of the Families First Coronavirus Relief Act (FFCRA). The new guidance addresses the availability of paid leave to parents who are choosing to let their children go to school remotely. By way of background, the FFCRA requires certain employers to provide employees…
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