On May 28, 2021, the Equal Employment Opportunity Commission (EEOC) updated its Technical Assistance Questions and Answers (Technical Assistance) about COVID-19 and Equal Employment Opportunity laws, including the Americans with Disabilities Act (ADA). In the Technical Assistance, the EEOC addressed many questions concerning the right of employers to screen for COVID-19 and/or for symptoms of COVID-19. Much of the Technical Assistance had been previously published but on May 28, the EEOC updated its answers to…

Larkin Hoffman Employment & Labor Law Blog

We Are on the Brink of Change – Labor Law Under President Biden’s Administration

By Phyllis Karasov

April 30, 2021

During President Biden’s campaign, he described himself as a “union man.” We are nearing the first 100 days of President Biden’s presidency, and his appointments to the NLRB and the U.S. Department of Labor (“DOL”) are consistent with that description. He has been appointing pro-union representatives including current or former state and federal officials who are sympathetic with labor unions to both agencies. The new Secretary of Labor, Marty Walsh, previously served as a construction…

Larkin Hoffman Employment & Labor Law Blog

Larkin Hoffman’s Employment Attorneys Help Navigate Workplace Issues During COVID-19

By Phyllis Karasov, Dan Ballintine & Andrew Moran

April 19, 2021

As COVID-19 restrictions continue to ease, many employers are navigating the best path forward for their business to ensure we keep our communities healthy while also protecting against potential litigation. Employers and employees are asking many questions about their rights and thoughtful comprehensive planning and policies are necessary. Employers have questions about whether they are able to mandate vaccines or whether they should offer employees an incentive to be vaccinated. Employers also want to know…

Larkin Hoffman Employment & Labor Law Blog

The American Rescue Plan Act Subsidizes 100% of COBRA Premiums

By Yvonne Sewall & Phyllis Karasov

March 18, 2021

On March 11, 2021, President Joseph R. Biden signed the American Rescue Plan Act of 2021 (“ARP”). Among other provisions, the ARP makes COBRA coverage more affordable by subsidizing 100% of the COBRA premiums during the period beginning April 1, 2021, until September 30, 2021, for an employee or dependent who is a COBRA “qualified beneficiary” due to an involuntary termination of employment or an involuntary reduction in hours. This subsidy will not count towards…

Larkin Hoffman Employment & Labor Law Blog

Does your employee handbook create an employee contract? The answer might surprise you!

By Phyllis Karasov

February 26, 2021

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This post is co-authored with Larry Morgan, MAIR, SPHR, SHRM-SCP, GPHR Originally published in The Minnesota Society of CPA’s Virtually all employee handbooks contain the statement, “This handbook is not a contract.” Most employers assume with this contract disclaimer none of the policies and provisions in their employee handbook constitute a contract. On Feb. 3, 2021, the Minnesota Supreme Court held in Hall v. City of Plainview that a general disclaimer that a handbook should not be…

Larkin Hoffman Employment & Labor Law Blog

Do You Need a Teleworking Policy?

By Phyllis Karasov

February 19, 2021

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Before the COVID-19 pandemic, most employers were reluctant to allow employees to work from home on a continuous basis. Many companies prohibited all teleworking or allowed employees only to work remotely when recovering from an illness or when required as a reasonable accommodation. When COVID-19 hit, many employees began working remotely and it appears that working from home is now, for many employees, a permanent situation. I, myself, have seen the advantages of working from…

Larkin Hoffman Employment & Labor Law Blog

Hold on to Your Hats! What to Expect Under President Biden’s Administration in Labor and Employment Law

By Phyllis Karasov

February 2, 2021

Change in the political party of an administration can be expected to impact the development and interpretation of federal law and regulation. This is particularly true in the transition between former President Trump’s administration and that of President Joseph R. Biden. President Biden has only been the President for two weeks, yet he has already made significant changes in the agencies that enforce federal labor and employment law. Below are some of the changes already…

Larkin Hoffman Employment & Labor Law Blog

Did You Know There Is a New Independent Contractor Ordinance in the City of Minneapolis Effective January 1?

By Phyllis Karasov

January 26, 2021

The City of Minneapolis determined that many freelance workers (independent contractors) need legal and economic protections since they are not covered by employment laws. The City, therefore, enacted the Minneapolis Freelance Worker Protections Ordinance (the “Ordinance”). This Ordinance, effective January 1, 2021, requires companies to enter into written agreements with most freelance workers. The Ordinance contains provisions applicable to a commercial hiring party, and other requirements applicable to an individual hiring party. Commercial Hiring Party…

Larkin Hoffman Employment & Labor Law Blog

The Changing Landscape of Union Organizing and Worker Activism

By Phyllis Karasov & Dan Ballintine

January 11, 2021

Union organizing is down as compared to previous years, but that does not mean employers should believe that support for labor unions has decreased. NLRB records indicate that the number of representation petitions filed in 2020 is dramatically down from each of the previous four years. This reduction in representation petitions can be attributed to the challenges for union organizers to personally meet with employees, as well as the fact that for many employees, their…

Larkin Hoffman Employment & Labor Law Blog

The Future of the FFCRA

By Phyllis Karasov

December 28, 2020

After much hand wringing, negotiation and name-calling, Congress has passed its second COVID-19 stimulus package, which was signed by President Trump on Sunday, December 27, 2020. For months, clients have been asking whether the Families First Coronavirus Response Act (“FFCRA”) will be renewed or whether it will expire on December 31. We now have the answer. The FFCRA Mandatory Leave Requirements Expire on December 31, 2020 The mandated leave provision, for both emergency paid sick…

Larkin Hoffman Employment & Labor Law Blog

Insights on employment law for today’s employer

Blog Authors

What to Do about Vaccinations: Employer Recommendations

We Are on the Brink of Change – Labor Law Under President Biden’s Administration

Larkin Hoffman’s Employment Attorneys Help Navigate Workplace Issues During COVID-19

The American Rescue Plan Act Subsidizes 100% of COBRA Premiums

Does your employee handbook create an employee contract? The answer might surprise you!

Do You Need a Teleworking Policy?

Hold on to Your Hats! What to Expect Under President Biden’s Administration in Labor and Employment Law

Did You Know There Is a New Independent Contractor Ordinance in the City of Minneapolis Effective January 1?

The Changing Landscape of Union Organizing and Worker Activism

The Future of the FFCRA

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