On October 25, 2021, the Equal Employment Opportunity Commission updated its guidance document, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws, to address religious objections to COVID-19 vaccine mandates. In a
Continue Reading EEOC Issues Guidance On Religious Exemptions to COVID-19 Vaccine Requirements
Shawe Rosenthal Blogs
Latest from Shawe Rosenthal
Employers – Do Not Ignore Confederate Flag Sightings in the Workplace!
Throughout the past decade, there have been efforts across the nation, at both the state and federal level, to ban the display of Confederate flags, a symbol associated with promoting hate, specifically racism. In fact, some states have adopted laws
Continue Reading Employers – Do Not Ignore Confederate Flag Sightings in the Workplace!
New Federal Agency Guidance on Vaccine Incentives and Surcharges: What Employers Should Know
Last week the federal Departments of Labor, Health and Human Services, and the Treasury issued joint FAQs that address questions regarding COVID-19 vaccinations and group health plans. The FAQs are particularly relevant to those employers considering whether to provide incentives
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Extraordinary Employee Misconduct: Making Snowboarding Movies While on FMLA?
It’s not surprising that employers don’t approve of employees “shredding the gnar”* when they’re supposedly unable to work because of a serious medical condition. And that’s exactly what happened in Botelho v. Mayorkas, where a former Behavior Detection Officer
Continue Reading Extraordinary Employee Misconduct: Making Snowboarding Movies While on FMLA?
Employers Beware! Private Arbitration Agreements Won’t Stop DOL Lawsuits
The U.S. Department of Labor recently highlighted a federal court ruling that private arbitration agreements will not prevent the federal Secretary of Labor from bringing suit against an employer for violation of the Fair Labor Standards Act (and presumably other
Continue Reading Employers Beware! Private Arbitration Agreements Won’t Stop DOL Lawsuits
Extraordinary Employee Misconduct: No Pics of Your Privates at Work!
Here’s another installment in our occasional series on the I-can’t-believe-they-did-that actions of employees. Now, I know that there’s a more common term for these types of pictures of a guy’s personal junk, but one of my law partners (let’s call
Continue Reading Extraordinary Employee Misconduct: No Pics of Your Privates at Work!
Do Employers Have to Pay For COVID-19 Testing Time?
As many employers implement a COVID-19 vaccination-or-weekly-testing mandate (soon to be required of all employers with 100+ employees, as we discussed here), a recurring issue is whether the time that employees spend getting that weekly test must be paid
Continue Reading Do Employers Have to Pay For COVID-19 Testing Time?
A Few More Answers from OSHA on the Impending Vaccination ETS…
A day after President Biden announced his COVID-19 Action Plan (which we discussed here), leaders from the Occupational Safety and Health Administration held a short briefing to discuss its forthcoming Emergency Temporary Standard that will require employers with 100+
Continue Reading A Few More Answers from OSHA on the Impending Vaccination ETS…
Foreign COVID Vaccinations and Clinical Trials? What Employers Need to Know
An issue that we’ve run into recently is what to do about employees who are vaccinated – but not with one of the FDA-approved vaccines (whether under Emergency Use Authorization (Moderna and J&J) or regular approval (Pfizer-BioNTech)). Perhaps they are
Continue Reading Foreign COVID Vaccinations and Clinical Trials? What Employers Need to Know
D.C. Circuit Opens Door to Biden Board to Expand Property Access for Off-Duty Contractor Employees
A National Labor Relations Board (“NLRB” or “Board’) decision that was once thought to be a significant win for employer property rights may ultimately result in increased property access for off-duty contractor employees, following a recent decision by the U.S.
Continue Reading D.C. Circuit Opens Door to Biden Board to Expand Property Access for Off-Duty Contractor Employees