Image Credit: cannabis chemical test by ProSymbols from the Noun Project As more states and localities legalize or decriminalize the use of recreational marijuana, the next logical step is to preclude employers from testing for marijuana use as a condition of employment. Why? It comes does to dollars and cents.…
The Employer Handbook Blog
Why you might not want to mandate COVID-19 vaccinations at work. Plus, Oreo cake, a beverage (or two), and some COBRA.
Fritz Saalfeld, CC BY-SA 2.5, via Wikimedia Commons First thing’s first. Today at from 12-1 PM ET, we’ve got The Employer Handbook Zoom Office Hour: Beverages and Benefits. My partners Mark Mathis, Bob Ellerbrock, and Amy Epstein Gluck will take a deep dive into the new U.S. Department of Labor guidance and model notices to support the new…
President Biden wants all employers to provide paid time off for COVID-19 vaccinations
Image by Shafin Al Asad Protic from Pixabay Last week, the U.S. Equal Employment Opportunity Commission confirmed that new COVID-19 vaccination incentive guidance would arrive soon. While we wait patiently for its arrival, yesterday, President Biden reminded employers with fewer than 500 employees that there’s already a paid leave tax…
Here’s why it’s important for employees returning from FMLA leave to certify that they are fit for duty
medical record by BomSymbols from the Noun Project I’m filing today’s post under “FMLA: Back to Basics.” Let’s say that you have an employee who is out on leave under the Family and Medical Leave Act due to a serious health condition. You want a doctor to certify that s/he…
EEOC confirms that new COVID-19 vaccination incentive guidance is coming soon
Image Credit: Photofunia.com Since the EEOC last updated its “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” resource document on December 16, 2020, it published proposed wellness rules only to walk them back less than a week later. So, several business groups…
The House approved the Paycheck Fairness Act. Now, it will probably die in the Senate. 💀💀💀
Senate Democrats, CC BY 2.0, via Wikimedia Commons “Equal Pay for Equal Work” has been the rallying cry in support of the Paycheck Fairness Act (PFA), which the House passed last week by a 217-210 vote. According to the U.S. Bureau of Labor Statistics, in 2020, women earned 82 cents…
PRO-TIP: Men who smack women at work probably shouldn’t then sue for discrimination.
Daniel Barcelona, CC BY 3.0 <https://creativecommons.org/licenses/by/3.0>, via Wikimedia Commons Did I ever tell you guys about the wacky race discrimination case I defended involving a male fast-food franchise employee caught on video smacking a female co-worker? Both the violence and subsequent bogus race discrimination claim were unsettling. Still, it was…
Scoop! EEOC won’t cone-done ice cream company’s alleged pro-Hispanic hiring practices
Nicolas Ettlin, CC BY-SA 4.0, via Wikimedia Commons You (soft) served up one pun too many, Eric. Geez! I might have blown my chance at drafting press releases for the U.S. Equal Employment Opportunity Commission. Then again, anything is popsicle when you’re the cream of the crop. Yeah, that’d be…
This is, by far, the most important ADA decision so far in 2021.
Image by Mudassar Iqbal from Pixabay And it’s not at all what you think. Title III of the ADA When most of you consider the Americans with Disabilities Act, you probably think of employees with disabilities and reasonable accommodations. That’s Title I of the ADA. But, Title III of the…
An employer is learning the hard way that workers’ compensation is not a shield against the FMLA
Chrisdesign, CC0, via Wikimedia Commons I’m going to tell you about a Family and Medical Leave Act lawsuit that, IMHO, could have easily been avoided. But before I do that, in keeping with the theme of this post, I want to invite you to a special edition of The Employer…