Over the weekend, a colleague asked a few of us how (if?) most private employers with more than 99 employees are prepping their workplaces for the OSHA vaccine-or-test mandate in light of its uncertain fate at the Sixth Circuit — especially after the beatdown that OSHA took at the Fifth Circuit.

And I was like, ” I don’t know.”

So, perhaps the best blog readers in the world can help. Continue reading

If your company makes its employees sign arbitration agreements, then this post is for you.

The rest of you can get an early start on happy hour find something else to read while sipping your morning cup of coffee. Continue reading

While nerds like me were flooding LinkedIn with status updates about Sixth Circuit this and OSHA ETS that, the U.S. Equal Employment Opportunity Commission was hosting a secret “virtual dialogue” with the employer Illuminati about retaliation updating its COVID-19 Technical Assistance to include additional information on retaliation.

Anything 🤯?  Continue reading

In recent years, some states and municipalities have made it unlawful to discriminate based on an individual’s hairstyle because certain protected classes — usually Black women —  receive unfair treatment based on inherent hair texture and protective hairstyles, like braids, locs, and twists. Why, yesterday, Tempe became the second city in Arizona to pass a hair discrimination ban.

There’s nothing explicit under federal antidiscrimination law, like Title VII, that outlaws hair discrimination. But, that hasn’t stopped the EEOC from pursuing related claims for race discrimination. Continue reading

Posted in:

On Friday afternoon, when four of my FisherBroyles employer law partners and I were dissecting the OSHA vax-or-test Emergency Temporary Standard (ETS) on Zoom — ICYMI, you can watch the replay here on The Employer Handbook YouTube Channel (https://bit.ly/TheEmployerHandbookYouTube)  — I asked them to raise their hand if they thought that the ETS would ultimately survive judicial scrutiny.

No one did. Continue reading


form by Jason Tropp from the Noun Project

Before I tell you which COVID-19 religious accommodation form you need to trash right away, don’t forget that today is the big, free live Zoom on the new OSHA vaccine-or-test mandate. Join me and my partners Amy Epstein GluckDavid RennerSid SteinbergGordon Berger at Noon ET. Register here (https://bit.ly/OSHAETSZoom). Continue reading

Yesterday, the U.S. Equal Employment Opportunity Commission (EEOC), the U.S. Department of Labor (DOL), and the National Labor Relations Board (NLRB) announced a joint initiative to raise awareness about retaliation issues when workers exercise their protected labor rights. Continue reading

“Doing What’s Right – Not Just What’s Legal”
Contact Information