Labor & Employment Report

Management’s Workplace Blog – Information and Insights for Employers

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Do Employers Have to Pay For COVID-19 Testing Time?

September 16, 2021

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 under federal and state wage and hours laws. And the answer is a lawyerly, “Well, it depends.” (Of course).…

Labor & Employment Report

A Few More Answers from OSHA on the Impending Vaccination ETS…

By Fiona W. Ong

September 10, 2021

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+ employees to (1) mandate vaccinations or weekly testing, and (2) provide paid vaccination leave. The President’s announcement regarding these requirements was sorely lacking in details, but the OSHA briefing provided a few (not many) useful…

Labor & Employment Report

Foreign COVID Vaccinations and Clinical Trials? What Employers Need to Know

By Fiona W. Ong

September 8, 2021

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 participating in a clinical trial or maybe they were vaccinated in another country. Employers are wondering – is this really a valid vaccine? Can we require employees to go get a “real” vaccine?…

Labor & Employment Report

D.C. Circuit Opens Door to Biden Board to Expand Property Access for Off-Duty Contractor Employees

By Chad M. Horton

September 3, 2021

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. Court of Appeals for the D.C. Circuit.…

Labor & Employment Report

I’m Tired of Doctors Who Just Say Whatever the Employee Wants…

By Fiona W. Ong

August 25, 2021

And I’m pretty darned sure that many employers feel the same way. This issue has been coming up a lot lately with the burgeoning requests for medical exemptions in the context of COVID-19 vaccine mandates. TO BE CLEAR, I am NOT questioning those employees with actual medical conditions that legitimately prevent them from getting a vaccine – I’m talking about those folks who just don’t want the shot, and get their doctors to write some…

Labor & Employment Report

NLRB Hearing Officer Recommends Second Union Election at Amazon – But Will It Happen?

By Chad M. Horton

August 18, 2021

A National Labor Relations Board (NLRB) hearing officer recently recommended that the union election at an Alabama Amazon warehouse be run a second time. The hearing officer, an employee of a NLRB Regional Office, sided with the Retail, Wholesale and Department Store Union (RWDSU) that Amazon’s actions interfered with a fair election. Specifically, the hearing officer found that Amazon’s installation of an unmarked mailbox as a ballot drop-site that was within the view of company…

Labor & Employment Report

Again? What Employers Need to Know About OSHA’s Latest Update to Its COVID-19 Workplace Guidance

By Fiona W. Ong

August 16, 2021

Trying to stay on top of federal workplace guidance on COVID-19 is confusing and challenging for employers, and the Occupational Safety and Health Administration (OSHA) has just changed the playing field again – although the new guidance is intended to conform with the Center for Disease Control and Prevention’s (CDC) recently-revised recommendations for fully-vaccinated individuals (as discussed in our August 4, 2021 blog post).…

Labor & Employment Report

New NLRB General Counsel Signals Major Changes Ahead

By Chad M. Horton

August 13, 2021

On August 12, 2021, the recently confirmed General Counsel (GC) of the National Labor Relations Board, Jennifer Abruzzo, issued her first official memo. Per an NLRB press release, GC Memo 21-04 “lays out a clear agenda…on some priorities of the Office of the General Counsel.” The memo directs NLRB field offices to submit cases addressing issues identified in the memo to the Regional Advice Branch of the Office of the General Counsel. Typically, such submissions…

Labor & Employment Report

Love Me, Love My Dog? Maybe Not at Work…

By Fiona W. Ong

August 12, 2021

Some readers may know that I have an adorable dog. A lifelong dog-hater, we got the dog as a bribe for my son (long story), and now I love the darned thing. There are days that he is the only one in the family that I love. And it’s been great, in this year+ of WFH, to have him nearby at all times. Many people agree – and some would like to take their fur…

Labor & Employment Report

Small/Mid-Size Employers May Be Reimbursed for Paid Family Vaccination Leave!

By Fiona W. Ong

August 6, 2021

As part of his COVID-19 vaccination push, President Biden recently announced that (among other things) the program that reimburses certain employers for providing paid leave to employees for particular COVID-19-related reasons would be expanded to include leave to get family/household members vaccinated (and, although not part of the Presidential statement, to care for them if they experience adverse effects to the vaccine). So I’ve been trying to figure out how this actually worked.…

Labor & Employment Report

Management’s Workplace Blog – Information and Insights for Employers

Blog Authors

Do Employers Have to Pay For COVID-19 Testing Time?

A Few More Answers from OSHA on the Impending Vaccination ETS…

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

I’m Tired of Doctors Who Just Say Whatever the Employee Wants…

NLRB Hearing Officer Recommends Second Union Election at Amazon – But Will It Happen?

Again? What Employers Need to Know About OSHA’s Latest Update to Its COVID-19 Workplace Guidance

New NLRB General Counsel Signals Major Changes Ahead

Love Me, Love My Dog? Maybe Not at Work…

Small/Mid-Size Employers May Be Reimbursed for Paid Family Vaccination Leave!

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