Bailey Cavalieri LLC

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Latest from Bailey Cavalieri LLC

For years, Ohio had one of the most convoluted laws regarding age discrimination–providing no less than 4 different statutory paths to claiming age discrimination. In addition, Ohio permitted aggrieved employees to personally sue individual management employees for their actions because the law considered managers and supervisors to be within the definition of an “employer.” Finally, Ohio had one of the longest statutes of limitations of any state (at six years). That all changes on April…
Several employer groups jointly wrote to the EEOC at the beginning of the month asking the EEOC to clarify the extent to which employers may offer financial incentives to employees who take the COVID-19 vaccine without running afoul of the Americans with Disabilities Act (ADA). Under the ADA, employee wellness programs must be truly “voluntary.” Employers cannot do anything related to a wellness program that would coerce an employee into providing disability-related information. In 2017,…
Washington, D.C., Mayor Muriel Bowser signed the Ban on Non-Compete Agreements Amendment Act of 2020 into law on Jan 11. Unless Congress acts, it will become law after 30 days and will be the most restrictive law governing non-compete agreements in the U.S. By way of reference, California, Colorado, Illinois, Maryland, Massachusetts, Virginia, and Washington have restrictions on non-compete agreements between employees and private employers. This law is more broad than those states’ laws. The…
Do employers have to report employee COVID-19 diagnoses, hospitalizations, and deaths? The short answer, like many under the law, is maybe. Under 1904.39, employers must record and report the following to OSHA by calling or submitting a report online: a fatality (within 8 hours), in-patient hospitalization (within 24 hours), amputation (within 24 hours), or loss of an eye ( within 24 hours). What if an employee is hospitalized due to COVID-19? The incident is reportable…
On December 27, 2020, the Consolidated Appropriations Act, 2021, HR 133, the most recent COVID-19 relief and stimulus bill, was signed into law. The law extends some of the previously enacted relief provisions and ends others. The key provisions are summarized below. COVID-19 paid sick and family leave – voluntary but eligible for an employer tax credit The obligation (for employers with less than 500 employees) to pay employees for sick and family leave related…
I had been receiving calls about whether employers can require employees to receive the COVID-19 vaccine once it is available to the general public. My guidance had been based on instinct and outdated guidance on pandemic flu. Yesterday, the EEOC released guidance on mandatory COVID-19 vaccinations. The long and short of it: It is better to strongly encourage vaccination than require it, even if legally permissible. If voluntary vaccination is provided in the workplace,…
The EEOC recently launched a new tool that provides access to industry aggregated data collected from annual employer EEO-1 reports. The new tool is called “EEOC Explore,” available here. Data on employment by race, ethnicity, and gender can be searched by EEO-1 job category in an aggregate format organized by NAICS industry code. Presently, only 2017 and 2018 data is available, but more searchable data is forthcoming. In addition to searching by job category,…