Archive for March 2022
Government Vaccine Mandates
Executive Orders and Federal Rulemaking In addition to challenges to individual employer-imposed mandates, a wave of lawsuits have sought to invalidate Biden Administration efforts to increase the nation’s vaccination rate. These include President Biden’s executive orders for federal contractors (EO 14042) and U.S. government employees (EO 14043), Department of Defense (DOD) vaccine mandates for military…
Read MoreNew Federal Law Bans Mandatory Arbitration of Sexual Harassment and Sexual Assault Claims
On March 3, 2022, President Biden signed into law the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.” The Act amends the Federal Arbitration Act (“FAA”) to prohibit the enforcement of predispute arbitration agreements against complainants for claims involving allegations of sexual harassment or sexual assault, both outside and within the…
Read MoreEmployers Must Record Certain Commuting Injuries, OSHA Says
Employers must record certain commuting injuries, the Occupational Safety and Health Administration (OSHA) said in a Jan. 4 letter, representing a shift in the agency’s interpretation of tasks that are a “condition of employment.” The Letter of Interpretation explained that an employee required to return to the workplace outside of his normal commute is engaged…
Read MoreWhen Might an Employer Question FMLA Certification?
Family and Medical Leave Act (FMLA) certification of a serious health condition must be complete and sufficient, but sometimes it’s neither. Employers rarely take a hard line but instead ask employees to provide more information to finish out the certification. Here are some tips on how to recognize something is wrong with the certification and…
Read MoreNot Every Complaint Is a Request for Accommodation
Employees need to provide sufficient information to the employer that a health issue could be a disability that is interfering with their ability to work, as the U.S. Court of Appeals for the Eighth Circuit recently found. In Powley v. Rail Crew Xpress, LLC, the employee driver had back pain that interfered with her ability…
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