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Eric, we’re just gonna wait and see what happens with the OSHA vax-or-test mandate

Survey by Adrien Coquet from the Noun Project Thank you to those of you who participated in yesterday’s OSHA vax-or-test survey. ICYMI, I asked two questions of businesses with more than 99 employees that are neither federal contractors nor subject to the CMS vaccination mandate: What, if anything, has your…

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Does your private business have more than 99 employees? Take this quick vax-or-test poll.

Image Credit: Survey by Adrien Coquet from the Noun Project 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 —…

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See you in court, err, arbitration! SCOTUS to decide whether litigating an employment dispute first precludes arbitrating it later

Freepik, Vital Gorbachev, Smashicons edited by Bruce The Deus, CC BY-SA 4.0, via Wikimedia Commons 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…

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The EEOC updated its COVID-19 guidance again with new information on retaliation

Image Credit: finger pointing by BomSymbols from the Noun Project 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…

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The Sixth Circuit “won the lottery” and will decide the fate of the OSHA vax-or-test mandate

Image by Alejandro Garay from Pixabay Filed Under: Every Employment Law Blogger Will Be Blogging About This Today. That lottery I blogged about last week to decide the fate of OSHA’s emergency temporary standard (ETS) happened yesterday. The Judicial Panel on Multidistrict Litigation randomly designated one circuit from among those where…

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Employer wigs out over an African American employee’s hair; EEOC claims race discrimination

Image Credit: Wig by Daniela Baptista from the Noun Project 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,…

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The Fifth Circuit just dunked hard on OSHA’s vax-or-test mandate

Image Credit: slam dunk by Andrew Doane from the Noun Project 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)…

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Drop that COVID-19 religious accommodation exemption form says one EEOC Commissioner

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 Gluck, David Renner, Sid Steinberg, Gordon Berger…

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Three federal agencies want to end retaliation by hosting a “virtual dialogue” with employers next week.

Speech dialogue balloon by icon 54 from the Noun Project 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. The EEOC…

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Is indefinite unpaid leave irreparably harmful to employees that don’t get vaccinated?

Image by Dominic Wunderlich from Pixabay On Monday, a Texas federal court dealt with a nuanced issue relating to vaccine mandates. The case is not about the constitutionality or efficacy of vaccine mandates promulgated by the government or private entities. Instead, it focused on an airline’s accommodation policy for employees…