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 ju…
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Employers of all sizes and in all industries are striving to bring diversity to their workforces, including at the management level. Employers would be well-served, however, not to lose sight of the fact that Title VII of the Civil Rights Act of 1964…
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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 Em…
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Nearly four months ago, President Biden issued an executive order in which he urged the Federal Trade Commission to explore enacting rules to curtail the use of non-competes and other agreements that impede worker mobility. In the days and weeks that…
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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, suc…
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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 va…
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A widespread myth regarding the FLSA is that employees who are “on salary” do not need to be paid overtime. This misunderstanding of the law creates a significant risk that healthcare entities may be violating the law by failing to pay their empl…
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Due to the alarming spread of the COVID-19 Delta variant among the unvaccinated, coupled with FDA approval of the Pfizer-BioNTech Vaccine, many private employers have implemented vaccine mandates. These mandates are permissible, so long as precaution…
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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 prot…
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Wal-Mart has been hit with over a $125 million dollar jury verdict in a lawsuit filed against it by the EEOC. A Wisconsin jury found that Wal-Mart was in violation of the Americans with Disabilities Act (“ADA”) when it discriminated against an em…
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