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covid stats, deaths and recovered
On July 12, 2022, the EEOC announced new guidance concerning COVID-19.  The most important change is that the prior guidance stated that conducting mandatory work site COVID-19 testing always met the Americans' with Disabilities Act (ADA) standard that any mandatory medical test be "job-related and consistent with business necessity."  The new guidance st...
Bruce r. thompson courthouse and federal building, south virginia street, reno, nv, usa
Over the years, an increasing part of this country's legal system has been based not on laws passed by legislators or the Congress, but on regulations issued by administrative agencies.  The courts have long struggled with the issues pertaining to whether the federal regulations were valid, but instead were issues that should be determined by the voters a...
Mask pattern on blue background
Many businesses purchase business interruption insurance to protect the company against disasters.  Almost 2,000 lawsuits have been filed against insurers on the issue of whether COVID-19-related shutdowns constitute a "direct physical loss of or damage to" property, as defined in the language of many business interruption insurance policies.  To date, vi...
Black Lives Matter sign, outdoors
Cases are starting to come out now dealing with the subject of whether an employer can ban buttons pertaining to the Black Lives Matter (BLM) movement.  The cases involve various legal theories such as the concerted activity doctrine under the Labor Act, the discrimination laws, and the free speech laws pertaining to public employers under the First Amend...
old man walking dogs outdoors
In DiBenedetto v. AT&T Services, Inc., a 58-year-old White male defeated the defendant AT&T's efforts to dismiss his case in connection with a reduction in force.  The question according to the Atlanta federal court was whether the plaintiff had alleged sufficient facts to plausibly support an inference that his termination was motivated in part b...
microphone, indoors
Recent Gallup polls indicate that the public has a favorable opinion of unions with a near record high of 68%, and with the "great resignation," and workers demanding their rights, union organizing across the country is drawing attention. For those employers thinking they are beset with employment litigation, consider the fact that the National Labor Rela...
supreme court of the united states
A majority of employees in the U.S. are now covered by individual arbitration agreements prohibiting them from bringing lawsuits in court and also prohibiting the bringing of class or collective actions. There has been a slow but steady increase in the use of such individual arbitration agreements, as employers believe they are quicker, cheaper, more priv...
bullseye target, darts
Wimberly & Lawson attorneys Kathleen Jennings, Paul Oliver, and Jim Wimberly conducted a webinar on June 2, 2022, dealing with the above subject. The following outline was prepared dealing with the subject matter highlights: 
bronze statue of the balance of law, indoors
The Fair Credit Reporting Act (FCRA) places a number of obligations on employers who use third-party background or credit check companies to check past records of applicants or employees. The FCRA gives a person a right to sue for violations, but a recent case dealt with a "bare procedural violation" of the FCRA which did not cause any harm to the plainti...
safety meeting inside warehouse
The Occupational Safety and Health Administration (OSHA) has issued an Instruction effective April 8, 2022, establishing a National Emphasis Program (NEP) for Outdoor and Indoor Heat-Related Hazards.  This program has been implemented pending OSHA's pursuit of a health rule governing indoor and outdoor work which it announced about eight months ago, takin...
shield on the wall
The Consolidated Omnibus Budget Reconciliation Act (COBRA) requires employers to issue notices to employees that there are options to continue healthcare coverage at their own expense following their termination or certain reductions in work hours. While applicable rules set forth the requirements of such notices, COBRA provisions also include a potential...

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