Employer Law Report

Helping employers avoid the storm of legal issues in the workplace

Keeping an eye on Ohio House Bill 401 Even as the federal government has moved toward mandating COVID vaccination by many employers, a bill introduced in the Ohio legislature, if passed, would eliminate workers’ compensation immunity and expose employers to potential liability for injuries incurred as a result of a mandatory vaccination.…
On Thursday, Sept. 9, 2021, President Biden announced a new COVID-19 Action Plan. As part of the plan, the President has directed OSHA to issue a new temporary emergency standard that will require companies with 100 or more employees to mandate COVID-19 vaccination or submit to weekly COVID-19 tests. The OSHA standard will also require paid time off for employees to get the vaccine. The plan will also require healthcare employers to mandate that employees…
Most employers are equipped to respond to employee allegations of harassment by co-workers or managers. However, there are added levels of difficulty when employees complain of harassment by a customer, contractor or other visitor to the business. In Sansone v. Jazz Casino Company, LLC (Sept. 1, 2021), a federal court of appeals recently ruled that an employee of Harrah’s Casino can go to trial on her claims that she was sexually harassed by a customer…
The United States Court of Appeals for the Sixth Circuit recently provided employers a useful reminder of how important it is to promptly investigate allegations of harassment, or other types of discrimination, even when it appears that such investigation may be fruitless. In Jane Doe v City of Detroit, the court upheld summary judgment for Detroit on a transgender employee’s complaint of harassment. Specifically, the employee complained that an unknown person had defaced her…
The Colorado Supreme Court recently settled a debate among employers and employees: Are employers required to pay accrued but unused vacation pay to employees upon separation, even if the employer’s policy contains a forfeiture clause? In Nieto v. Clark’s Market, the court answered “yes.” Although this decision only applies to employees who are bringing claims under the Colorado Wage Claim Act, it clears up a longstanding issue that has puzzled employers in the…
In honor of LGBTQ+ Pride Month, the U.S. Equal Employment Opportunity Commission (EEOC) recently released a number of resources to educate employers, employees and applicants about the right to be free from sexual orientation and gender identity discrimination in employment. Although these resources simply restate existing law and policy, they are a great refresher for employers that want to ensure they are complying with federal employment discrimination law.…
The Occupational Safety and Health Administration (OSHA) issued a COVID-19 emergency temporary standard that is effective today. In the face of pressure from the White House and some interest groups to develop an emergency OSHA standard targeted specifically at COVID-19 workplace safety, OSHA has issued a standard targeted only at health care employers. The standard sets out extensive workplace safety requirements that employers in the healthcare sector must follow through the duration of the COVID-19…