Archive for December 2022
Employer Liability for Active Shooters in the Workplace
In America today, mass shootings are a near-daily occurrence. According to data collected by the Gun Violence Archive, during the first seven months of 2022, 371 mass shootings took place in the U.S. that involved the injury or death of four or more people, not including the shooter. As a result, concerns about business liability…
Read MoreEmployers Beware: Pendulum Continues to Swing in Favor of Unions
Since President Biden took office and subsequently appointed union attorney Jennifer Abruzzo to the General Counsel role, the National Labor Relations Board (the “Board” or “NLRB”) has issued pro-union decision after pro-union decision, several of which reversed Trump-era precedent. The trend continued this past week as the Board issued a series of consequential decisions. Two…
Read MoreAppellate Court Addresses How Much Information Employee Must Submit to Support an Accommodation Request
One of the many difficult issues employers face under the Americans with Disabilities Act (ADA) is determining what information a disabled employee must provide to an employer to trigger the employer’s duty to accommodate a disability. The U.S. Court of Appeals for the Eleventh Circuit addressed that question for the first time in Owens v.…
Read MoreWith Flu Season Upon Us, OSHA Signals That Employers Should Continue To Encourage Vaccination For Their Workforces
With concerns of infectious disease at the forefront of workplace health and safety in the past several years, and with the traditional flu and cold season upon us, OSHA has reminded the regulated community to prevent the spread of infectious diseases during the holiday season by encouraging its workforce to get the flu vaccine .…
Read MoreEmployees Say Salary Isn’t Keeping Up with Inflation
Most workers say rising cost of living makes them unhappy with their pay, causes them to seek other opportunities With inflation continuing its upward trajectory, employees say their salary isn’t keeping up with the climb, and their financial stress is increasing, to boot. New data from Remote.co, a remote-work resource, finds that the vast majority…
Read MoreFired for Refusing COVID-19 Vaccine: Do They Get Unemployment?
An employee who is fired for refusing to get a COVID-19 vaccine – without showing entitlement to a legitimate religious or disability-related exemption – is likely to have a hard time collecting unemployment compensation benefits, two recent court rulings show. Though each state sets its own specific eligibility guidelines, these two rulings from Minnesota hinge…
Read MoreFederal Agencies Partner on New Anti-Discrimination Resources for Veterans
In connection with Veterans’ Day, the Equal Employment Opportunity Commission (EEOC), the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) and Veteran’s Employment and Training Service (VETS), and the Department of Justice Civil Rights Division have issued an omnibus resource, “Protections Against Employment Discrimination for Service Members and Veterans,” to help veterans…
Read MoreWhen Is the Accommodation Duty Triggered?
The U.S. Court of Appeals for the Eleventh Circuit addressed this question under the Rehabilitation Act (which applies to federal agencies, contractors and subcontractors, but applies the same standards of analysis as the Americans with Disabilities Act), stating, “The type and extent of information that an employee must provide will depend, of course, on the…
Read More