The Employer Handbook

• newBusinesses insisting on negative COVID-19 tests is, like, so three weeks ago.
  Centers for Disease Control and Prevention / Public domain The other day, I read this story about a local attorney who appeared in court in person — even though she knew that her young son was at home with COVID-19. Her decision so inflamed the jud…
  - 4 hours ago, 12 Aug 20, 10:30am -
• newMust you consider transferring a problem employee before lumping him in a COVID-19 reduction in force?
  Bjornsphoto / CC BY I’m reminded of the Mötley Crüe hit Same ‘Ol Situation (S.O.S.). The actual lyrics have nothing to do with employment law — sexual harassment, maybe? — but I digress… The song title carries a little HR lesson today; na…
  - 1 day ago, 11 Aug 20, 10:30am -
• newOh, by the way, the CDC has new guidance on wearing masks
  Image Credit: Twitter Hopefully, your workplace looks nothing like back to school at this Georgia high school. (More on that here.) Instead, your business should have a return-to-work plan that includes social distancing (not pictured here) and manda…
  - 2 days ago, 10 Aug 20, 10:30am -

Ohio Employer's Law Blog

• NBC News takes the unprecedented step to release its internal Matt Lauer harassment report
  Image by Max Goldberg via Wiki CommonsYesterday morning, NBC News released the complete report into its months long investigation of Matt Lauer.I was astounded by NBC’s transparency. It is extraordinarily rare for a private company…
  - 10 May 18, 11:21am -
• Sympathetic does not always equal protected under the ADA
  Photo by Pexels on PixabayToday’s opinion is a lesson straight out of the school of hard knocks. No matter how sympathetic the plaintiff or how harrowing his plights, the law is the law and sometimes it’s just not on his side.When…
  - 9 May 18, 11:34am -
• Should employers still test for marijuana?
  Photo by Michael Fischer from PexelsOhio’s medical marijuana program is set to be fully operational by September 2018. Ohio will join 28 other states, and the District of Columbia, in which doctors can legally prescribe marijuana to treat c…
  - 8 May 18, 11:49am -

The Employer's Lawyer

• When Rhetoric Comes to Town
  By now, if you haven’t heard about Donald Trump’s statements on Muslims and his plan to prevent Muslims from entering the country, as well as the vehement support he is receiving from an astonishing number of people, you may be living under a roc…
  - 9 Dec 15, 7:44pm -
• Beware the FMLA Equitable Estoppel Claim
  Imagine that your company has 40 employees, one of whom is subject to hospitalization for a medical condition and requires surgery. He is out of work for several weeks and in his absence, the company realizes that it gets along fine without him. As a…
  - 10 Nov 15, 2:23pm -
• Don’t Bet on the Jury Verdict
  As some of those who follow me on Twitter know, I had jury duty in September. Like most people, it wasn’t something I was looking forward to (and I even tried to get out of it on the basis that no one would pick a lawyer for a jury). Well, it turn…
  - 5 Nov 15, 2:55pm -

Connecticut Employment Law Blog

• newCHRO Continues Push For Sexual Harassment Prevention Training But Deadline Extension Available
  The state rolled out a new website for the Commission on Human Rights and Opportunities during this pandemic. As someone who navigated the old site for years, I’m not yet a fan. One reason? It’s hard to find news and some helpful items are buried…
  - 1 day ago, 11 Aug 20, 12:39pm -
• newThe Confusing, Ever-Changing, Strict (But Loose) Travel Quarantine For Employees
  Conneticut’s Travel Advisory Quarantine has been among the most confusing of the orders to arise from the pandemic.  No doubt that it was not intended to be that complicated. But the last few weeks have had change after change made to the rules. …
  - 3 days ago, 10 Aug 20, 2:47am -
• Powerless: Where Do the EPSLA and FMLA+ Stand After Court Strikes Some Rules?
  What a mess. And I’m not just talking about the cleanup from Tropical Storm Isaias. Hasn’t been much fun without power, internet or reliable cell service.  (I hope everyone is staying safe and gets power soon — my town’s projection was 5-7 d…
  - 6 days ago, 6 Aug 20, 2:50pm -

FMLA Insights

• Federal Court Nixes Several FFCRA Regulations, Creating Compliance Headaches for Employers
  Earlier this week, a federal court in New York kicked to the curb four key provisions of the U.S. Department of Labor’s regulations implementing the paid leave provisions of the Families First Coronavirus Response Act, requiring employers covered b…
  - 7 days ago, 5 Aug 20, 5:07am -
• FMLA FAQ: If an Employer Places an Employee on Leave When He Can’t Wear a Face Covering, Is the Absence Covered by the FMLA?
  Employers across America are requiring their employees to wear face coverings or masks while at work. At the same time, employers across America are dealing with employees who have a million excuses why they can’t wear a face covering at work. Many…
  - 13 days ago, 30 Jul 20, 6:15am -
• DOL Issues New FMLA Notices and Forms, Seeks Input on Potential Changes to FMLA Regulations
  In the middle of the COVID-19 pandemic, the U.S. Department of Labor hit the pause button on pandemic concerns and returned at least for a moment to the good old fashioned F-M-L-A. This morning, the DOL issued new model notices and forms to be used b…
  - 26 days ago, 17 Jul 20, 6:06am -

Labor Relations Today

• Federal Court Nixes Several FFCRA Regulations, Creating Compliance Headaches for Employers
  Earlier this week, a federal court in New York kicked to the curb four key provisions of the U.S. Department of Labor’s regulations implementing the paid leave provisions of the Families First Coronavirus Response Act, requiring employers covered b…
  - 7 days ago, 5 Aug 20, 5:07am -
• FMLA FAQ: If an Employer Places an Employee on Leave When He Can’t Wear a Face Covering, Is the Absence Covered by the FMLA?
  Employers across America are requiring their employees to wear face coverings or masks while at work. At the same time, employers across America are dealing with employees who have a million excuses why they can’t wear a face covering at work. Many…
  - 13 days ago, 30 Jul 20, 6:15am -
• DOL Issues New FMLA Notices and Forms, Seeks Input on Potential Changes to FMLA Regulations
  In the middle of the COVID-19 pandemic, the U.S. Department of Labor hit the pause button on pandemic concerns and returned at least for a moment to the good old fashioned F-M-L-A. This morning, the DOL issued new model notices and forms to be used b…
  - 26 days ago, 17 Jul 20, 6:06am -

Employment and Labor Insider

Delaware Employment Blog

Lawffice Space

• Federal court in New York invalidates parts of FFCRA final rule
  Yesterday, S.D.N.Y. issued an opinion in New York v. U.S. Dept. of Labor,* invalidating potions of DOL's FFCRA final rule. Now, don't freak out just yet, this is just one district court's opinion - but, it is important to see this take. The Court inv…
  - 8 days ago, 4 Aug 20, 2:55pm -
• 10th Cir. recognizes intersectional discrimination ("sex-plus-age") cause of action
  Title VII prohibits sex discrimination. But what about situations in which the employer discriminates against only some women? In SCOTUS's recent decision in Bostock, Justice Gorsuch gave the example of an employer with "a policy of firing any woman…
  - 12 days ago, 31 Jul 20, 2:03pm -
• SCOPA: Uber driver entitled to unemployment compensation benefits
  In a 52-page 5-2 majority opinion, the Supreme Court of Pennsylvania (SCOPA) held that an Uber driver was entitled to unemployment compensation benefits in Lowman v. UCBR. The setup here is a common scenario - the claimant was separated from employm…
  - 13 days ago, 30 Jul 20, 2:27pm -