Posts by Joe Boone
The End of an Era? NLRB Holds Lawful Employer’s Rules Restricting Employee Communications on Social Media
Last week, the NLRB held in a 2-1 decision that an employer’s rules restricting certain types of employee communications on social media were lawful under the NLRA. However, the Board panel was sharply divided between its Republican majority and Lauren McFerran, its sole Democratic member. In a strongly worded dissent, Member McFerran took issue with the ruling,…
Read More2021 May Signal a New Recruiting Era
The relationship between employers and employees has evolved dramatically over the course of the coronavirus pandemic. Here’s what that means for recruiting. As recruiting leaders embark on a new year, it would be easy to overlook all of the ways the workplace and employment changed over the last nine months. While the calendar may have…
Read MoreVirtual Posters – New DOL Guidance on Federally-Mandated Notices in a Virtual Workplace
Recognizing that remote work is here to stay for many employers, the U.S. Department of Labor (DOL) recently issued guidance on how employers can use virtual means to distribute and maintain the various posters required by federal employment laws. Background Several federal laws, including the Fair Labor Standards Act (FLSA), Family and Medical Leave Act…
Read MoreEmployers May Voluntarily Extend Unused FFCRA Leave Benefits and Receive a Tax Credit Through March 2021
The latest coronavirus relief bill has been signed into law, and it answers a long-awaited question many employers had, which is whether the emergency paid sick leave and expanded family and medical leave benefits under the Family First Coronavirus Response Act (“FFCRA”) will continue beyond 2020? The short answer is that FFCRA leave ends on…
Read MoreNew Year; New You; a Look at Employee Handbooks
This can be a frantic time between the holidays, hustling to complete projects before the end of the year, and planning for the coming year. And while this is a great time to review your HR policies and employee handbooks, that project often gets put on the back burner. So, with the vigor of a…
Read MoreWhat to Do Before OSHA Comes Knocking with a COVID-19 Inspection
Earlier this year, OSHA issued Guidance on Preparing Workplaces for COVID-19, an educational reference designed to advise employers in all industries on implementing engineering, administrative, and work practice controls and personal protective equipment (PPE). The guidance is purely advisory and does not create new legal obligations. Nevertheless, now that OSHA is turning its attention to…
Read MoreVaccination as a Condition of Employment: Evaluating Legal Risks of Mandatory Vaccine Policies During the Pandemic
With coronavirus vaccines receiving their emergency use authorizations from the FDA and being rapidly rolled out, employers will need to evaluate a mandatory vaccination policy that balances employee rights with novel business realities and pre-existing legal frameworks lacking clear guidance in the face of COVID-19. Under existing federal law and regulations, employers may be able…
Read MoreEmployers Can Require Proof of COVID-19 Vaccination — With Some Exceptions, EEOC Says
Employers can require proof that employees have received a COVID-19 vaccine — with some exceptions, the U.S. Equal Employment Opportunity Commission (EEOC) said in Dec. 16 guidance. COVID-19 vaccinations approved by the Food and Drug Administration do not constitute medical examinations under the Americans with Disabilities Act (ADA), EEOC said, but certain inquiries could implicate the…
Read MoreHow Positive COVID-19 Tests, Underlying Conditions Intersect with the FMLA
Employers face one key challenge in their efforts to ensure compliance with the Family and Medical Leave Act (FMLA) as well as the Americans with Disabilities Act (ADA) as the coronavirus pandemic extends into 2021. Our resources tell us that there’s virtually no case law in this area yet with respect to COVID-19. Still, those…
Read MoreDefining ‘Sex’ in Title VII: The Bostock Decision and LGBTQ Rights
The U.S. Supreme Court recently ruled that federal law prohibits employers from discriminating against gay, lesbian, and transgender employees in workplaces. Hayley Archer discusses the case, its potential implications, and what it means for employees in Wisconsin. In a landmark decision that is a major victory for the LGBTQ community, the U.S. Supreme Court ruled…
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