Maryland Employment Attorneys – Luchansky Law

UPDATE: COVID-19 Vaccine Mandates — OSHA’s Mandate Struck Down

On September 9, 2021, President Biden directed the Occupational Safety and Health Administration (OSHA) to develop a rule to increase the number of workers who have received a COVID-19 vaccination.  Consistent with that direction, OSHA developed an Emergency Temporary Standard which would apply to employers with more than 100 employees.  On November 4, 2021, OSHA…

Two-Timing Employees in the Work-from-Home Environment

Juggling two or more part-time jobs, or “moonlighting”, has always been the norm for many people struggling to make ends meet. This is especially true in the gig economy, with many people working on several platforms at once. However, recently, with the rise of the work-from-home trend, some full-time employees found a way to double…

When to Consider the Four-Day Workweek

In the midst of unprecedented numbers of job departures being dubbed “The Great Resignation,” many employers are seeking creative ways to retain or attract new talent. One hot topic in the discourse? The four-day workweek. Common for years among those in the healthcare profession, the four-day workweek is being discussed by employers in other sectors.…

EEOC Issues Updated Guidance on COVID-19 Retaliation

According to EEOC statistics, the most common basis for charges of discrimination filed with the agency is retaliation. Issues related to COVID-19, such as the ongoing need for sick leave, vaccine hesitancy, religious exemption requests from vaccine mandates, and long-COVID have added new retaliation concerns for employers. The EEOC’s most recent guidance provides some helpful…

How to Hire and Retain Employees During the Great Resignation

For months, employers have been hearing about the Great Resignation, the term coined for the large number of employees suddenly retiring, quitting, or changing career paths. The Department of Labor has now released numbers for October 2021 showing just how large an impact that the Great Resignation has had.  In October 2021, 4.2 million employees…

Employer Alert: OSHA Rules on COVID-19 Vaccine Mandates

On September 9, 2021, President Biden directed the Occupational Safety and Health Administration (OSHA) to develop a rule to increase the number of workers who have received a COVID-19 vaccination.  Consistent with that direction, OSHA developed an Emergency Temporary Standard which would apply to employers with more than 100 employees.  On November 4, 2021, OSHA…

The Latest on Religious Exemptions to COVID-19 Vaccine Mandates

religious exemptions vaccine mandates

Many employers are being inundated with employee requests for religious exemptions to vaccine mandates. Employers who are evaluating religious exemption requests must take a nuanced approach or risk violating federal anti-discrimination statutes, such as Title VII and the ADA. Those employers hoping for clear-cut answers from the EEOC are likely to be disappointed, as the…

Does Back to School Mean Back to Work or Quarantining?

Prior to the pandemic, for most employers, children going back to school was a cause forcelebration. With children on a regular routine, working parents’ availability became moreroutine and, outside of holiday periods with school closures, fewer vacations were scheduled. For business owners, this created a level of predictability for scheduling, which was desirable forobvious reasons.…

No, HIPAA Does Not Prevent Employers from Asking About Vaccination Status

As businesses have begun mandating vaccinations for employees and customers, many have heard a common response, in one form or another, “You can’t ask me that because of HIPAA.”  In written form, these responses often invoke the protection of HIPPA, which is not a law.  (These responses often echo the statements of certain elected officials,…