Tag Archives: employment law

EEOC’s Latest Guidance on Employer Vaccination Policies

As COVID-19 variants cause an upward trend in the pandemic, public health officials in some circles have renewed calls for businesses to require vaccinations for employees returning to the workplace. While questions remain about how such requirements would be enforced — some of which we addressed last fall — the latest guidance from the Equal […]

OSHA Issues Emergency Temporary Standard and Updates Workplace Guidance

The Occupational Safety and Health Administration (OSHA) released the long-expected Emergency Temporary Standard (ETS) for COVID-19, requested by President Biden as part of his COVID-19 response strategy. Surprisingly, the standard includes only healthcare workers in the new workplace safety rules. While protecting healthcare workers from COVID-19 is crucial, the ETS does not extend to other […]

Department of Labor Withdraws Trump-Era Independent Contractor Rule

The latest Department of Labor (DOL) move, in keeping with the policy goals of the Biden administration, is withdrawal of the January 2021 rule that determined whether a worker was classified as an independent contractor under the Fair Labor Standards Act (FLSA). The withdrawn rule allowed employers to classify workers as independent contractors more easily […]

NLRB Upholds Arbitration Agreement Confidentiality

In March, the National Labor Relations Board (NLRB) considered the lawfulness of arbitration agreements that require employees to maintain the confidentiality of arbitration proceedings. Since such proceedings may contain unflattering information, both employers and employees may favor keeping them private. But that could restrict an employee’s freedom to discuss workplace matters in violation of Section […]

Supreme Court Upholds Religious Exemptions From Discrimination Law

In a decision considered a victory for religious employers, the U.S. Supreme Court gave religious organizations broader ability to hire and fire employees without violating federal anti-discrimination laws. In the 7-2 decision, the court expanded the “ministerial exception” that precludes courts from hearing disputes brought by employees who have vital religious responsibilities, an exemption based […]

Supreme Court Rules In Favor Of LGBTQ Protections

In a landmark decision for LGBTQ employment rights, the Supreme Court has ruled that Title VII of the Civil Rights Act of 1964, which prohibits discrimination on the basis of sex, includes gay and transgender employees. The ruling, written by Justice Neil Gorsuch, settles differing decisions from lower courts that considered whether Title VII provided […]

The Challenge of Managing High-Risk Employees as Businesses Reopen

As governmental stay-at-home orders are being lifted and employers consider reopening their workplaces, new challenges arise that require careful consideration. The National Law Review has been publishing articles to help employers focus on the issues specific to their business, one of which we will highlight this month. We encourage you to monitor the Centers for […]

Fifth Circuit Employment Cases from 2019 That Affect 2020

The U.S. Court of Appeals for the Fifth Circuit had a busy 2019. Employment law continues to be affected by the pro-employer leanings of the Trump administration. For the next few months, we will highlight cases that are important for employers to know in 2020. Criteria for age discrimination In McMichael v. Transocean Offshore Deepwater […]

NRLB Reverses Prior Ruling on Employee Personal Use of Email

In yet another decision that reverses an Obama-era policy, the National Labor and Relations Board (NLRB) determined that employers can regulate their employees’ use of company email and other IT resources for non-work-related communications. Previously, Board held that employees with access to these resources for work had a presumptive right to use them on nonworking […]