The entire country has been abuzz about President Biden’s Plan for “Vaccinating the Unvaccinated.” The Plan would require private employers with 100 or more employees (“Covered Employers”) to ensure their workers are vaccinated from COVID-19 or tested weekly and to provide paid time off for employees to get vaccinated.[1] To execute this Plan, the Department of Labor’s Occupational Safety and Health Administration (OSHA) is developing a rule that will require Covered Employers to…
With the Pfizer COVID-19 vaccine obtaining full FDA approval and President Biden’s sweeping announcement that he will be requiring federal employees, employers with over 100 employees, and many others to require vaccines or frequent testing, there has been a steady rise in the number of employers requiring their employees to obtain a COVID-19 vaccine as a condition of continued employment. These types of employer mandates, however, are not without significant resistance. Some of that resistance…
As we look ahead to a post-COVID world, many are wondering how to make events safe, reduce liability, and implement contractual protections should an emergency arise. This blog highlights some frequently asked questions when preparing to hold an in-person event. Can a business require vaccinations, proof of vaccinations, or health checks as part of an event? The short answer is yes; however, there are multiple factors to consider. For any event, be sure to comply…
A few weeks ago, our All Things HR Blog took time to tackle frequently asked questions about the enforceability of restrictive covenants in Michigan, including employee non-compete restrictions.  We decided this would be a good week to expand on that topic. Many readers likely noticed recent headlines blaring out that on July 9, 2021, President Biden issued an Executive Order about non-compete agreements (the “Order”).  Many of the headlines gave an immediate impression that the…
It all began when the Union Pacific Railroad told employee Perry Hopman, a combat veteran, on two separate occasions that he could not allow his service dog – a 125-pound Rottweiler named Atlas – to accompany him to work to help him with his PTSD. Hopman received his diagnosis after an 18-month tour of duty in Iraq, where he suffered a traumatic brain injury after a 50-foot fall from a helicopter. A federal trial jury…
As an employment lawyer, there are a number of questions I frequently hear from clients and colleagues. One of the most common ones is, “I thought noncompetes weren’t really enforceable. Is that true?” This question takes many forms. For example: Employer Client: “I don’t want to prevent someone from working, so I just have my key employees sign a confidentiality agreement.” (The lawyer breathes a sigh of relief.) Employer Client: “I have every one of…
In an effort to “undo” the Department of Labor’s (“DOL”) actions under the Trump administration, on June 23, 2021, the agency published a Notice of Proposed Rulemaking (“NPRM”), revising how it will regulate the minimum wage pay of tipped employees. Under the Fair Labor Standards Act (“FLSA”), employers must pay non-exempt hourly employees a minimum wage for all hours worked (currently $7.25 per hour).  Under certain circumstances, for tipped employees receiving at least $30.00 per…
As life begins to return to some semblance of “normal” (i.e., what it was like before terms like “aerosol droplets,” “fomite,” “herd immunity,” and “PCR tests” were part of our daily lexicon)  employers are faced with difficult questions about what a return to “in-person” work looks like.  Atop the list is vaccinations, and whether as a condition of returning to the office, employers should require their employees to be vaccinated against COVID-19. The goals of…
The U.S. Bankruptcy Code (the “Code”) § 11 U.S.C. § 362(a)(1) provides that when a party files for bankruptcy, an automatic stay is triggered. However, it turns out that there are limitations to the type of cases that these automatic stays extends, and in the employment context, this may not necessarily include wage and hour claims. For example, in the recent case of Stewart v. Holland Acquisitions, Inc. Case No. 2:15-cv-01094 (W.D. Pa. Feb.…
Courts across the country have ruled differently regarding what is protected activity by human resources (HR) and equal employment opportunity (EEO)  personnel to support a retaliation claim under Title VII.  Several courts have held that HR and EEO personnel are not engaged in protected activity if they are simply doing the job they were hired for. A recent decision by the United States Court of Appeals for the Sixth Circuit, Jackson v Genesee County Road…