Resources and Advice on all topics HR.
Requiring all Employees to Return to Work in the Office? Might not be so Easy, says EEOC
In view of the mass remote work arrangements that have been implemented in the course of the pandemic, employers will have a tougher time justifying denials of accommodation requests where employees seek to work from home.
New NY Law Creates Strict Wage Liability for Construction Industry Contractors
New York Gov. Hochul has signed some of the strictest wage and hour legislation in the country, which will make contractors in the construction industry jointly and severally liable for wages owed to employees of its subcontractors.
Religious Exemptions for Workers Refusing to Vaccinate per Mandatory Vaccination Laws
For employers engaging in the interactive process with employees who have requested religious exemptions from the vaccination requirements, this article reviewed how employers can prevail on a claim from an employee who is denied an exemption.
Recent Case Illustrates that Employers Need not Tolerate Dangerous Misconduct from Employees, even if caused by a Disability
As the U.S. Court of Appeals for the Eleventh Circuit stated, “The [Americans with Disabilities Act] does not require an employer to retain an employee who it believes behaved in a threatening and dangerous way—even if the employee’s major depressive disorder is one reason or the sole reason, that the employee engaged in that behavior.”
NYC's Fair Workweek Act Imposes Additional Requirements for Employers
NYC's “Fair Workweek” legislative package that is designed to ensure predictability of schedules and paychecks for workers in the in New York City fast food and retail industries requires employers in these industries to be diligent
Fair Credit Reporting Act Developments
In another non-employment case with employment impact, the U.S. Supreme Court reiterated that only a plaintiff who has suffered concrete harm may bring suit for damages under the Fair Credit Reporting Act (FCRA) – the federal law governing background checks, including for employment purposes. Nonetheless, this case serves to remind employers of the need to comply with the technical requirements of FCRA.
NY DOL Publishes Model Airborne Infectious Disease Exposure Prevention Plan
On July 7, 2021, the New York Department of Labor (DOL) published the NY Hero Act airborne infectious disease exposure prevention standard (the Standard) and industry-specific model airborne infectious disease exposure prevention plans as required under the NY Hero Act (the Act). The Act requires New York employers to implement extensive new workplace health and safety protections in response to a “highly contagious communicable disease” as designated by the New York State Commissioner of Health (Designation). Notably and significantly, while the NY Department of Health continues to deal with COVID-19 and a risk still exists, the DOL clarified that there is no current Designation for COVID-19 by the Commissioner and therefore, no New York employer is required to put a plan in effect at this time due to COVID-19.
OSHA Issues Emergency Temporary Standard for Healthcare Employers
On June 10, 2021, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) submitted for publication in the Federal Register its COVID-19 Emergency Temporary Standard (ETS), setting forth new mandatory safety requirements designed to protect workers from COVID-19. The much-anticipated ETS is generally applicable only to certain healthcare workplaces.
Biden US DOL Reinstates “Double Damages” for Violations
On April 9, 2021, the DOL’s Wage and Hour Division (WHD) issued Field Assistance Bulletin 2021-2, revoking a Trump administration policy that reduced the pre-litigation amount employers would have to pay to settle violations of the Fair Labor Standards Act (FLSA) by downplaying the use of liquidated damages in settlement discussions.