EEOC’s Updated Guidance on COVID-19 Vaccines in the Workplace Impacts Employer Approaches for Compliance with CDC Guidance and State and Local Require

Employers―and particularly those operating in multiple states―should be mindful of how the updated guidance impacts their efforts to comply with state requirements. On May 28, 2021, the Equal Employment Opportunity Commission (EEOC) updated its guidance on workplace COVID-19 vaccination issues under the federal EEO laws. The updated guidance is important for employers to consider in…

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Employees Working from Home – How Should Company’s React?

With the country reopening due to the lessening of COVID-related restrictions, companies and employees are returning to a new “normal.” Remote working has become a recruiting tool for some companies. For other companies which have required employees to return to the office, the failure to continue to allow some form of remote working (“hybrid model”)…

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NLRB Looks to Circumstances to Determine Duration of Confidentiality Requirement in Investigation

In Alcoa Corp., the National Labor Relations Board addressed an important issue to both non-union and unionized employers alike concerning workplace investigations. Most importantly, the Board reaffirmed that an employer does not violate the National Labor Relations Act (NLRA) when it instructs employees to keep investigative interviews confidential for the duration of the workplace investigation.…

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Employers React to Workers Who Refuse a COVID-19 Vaccination

As COVID-19 vaccines become widely available, many employers are asking if they can require employees to get vaccinated, and what they can do if workers refuse. Some employers are firing workers who won’t take the vaccine. The Equal Employment Opportunity Commission (EEOC) has weighed in with guidance that answers some workplace vaccination questions. Employers may encourage or…

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OSHA Advises Employers Not to Record Adverse Reactions From Voluntary COVID-19 Vaccines on the 300 Log

OSHA yesterday issued an additional guidance addressing whether employers need to record adverse vaccine reactions on their 300 Logs. Consistent with the OSHA regulations, OSHA’s guidance explains that an adverse reaction to the COVID-19 vaccine is recordable if the reaction is: (1) work-related, (2) a new case, and (3) meets one or more of the general recording…

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It’s Time Again for Employers to Ensure Handbook Compliance

It is early in 2021 and already the NLRB has before it ALJ determinations that employee handbook policies conflict with the NLRA. When analyzing employee handbook policies, the Board generally applies the Boeing test, whereby a handbook policy’s potential interference with employee rights under the NLRA is balanced against an employer’s legitimate justifications for the policy, when…

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EEOC: IHOP Manager Conditioned Leave, Scheduling on Accepting Sexual Advances

A manager at a Frederick, Maryland, IHOP restaurant subjected women, including teen workers, to sexual harassment in violation of Title VII of the Civil Rights Act of 1964, the U.S. Equal Employment Opportunity Commission charged in a lawsuit. EEOC said the manager subjected female employees to unwanted advances and touching, sexual comments and intrusive questions about their…

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