A new rule from the Occupational Safety and Health Administration (OSHA) fills in many details of the Biden administration’s plan to get some 84 million employees around the country vaccinated against COVID-19. The rule...
Employment Law Letter
It’s the holiday season, when the kids arrive home from college, the Griswolds take vacation, and Santa Claus comes to town. But for many, the most wonderful time of the year has become a cause for concern. With COVID-19...
The year 2020 has been rough on everyone, and HR departments around the globe have been working tirelessly to take care of their employees and employers. One HR manager in particular—I've written about her a few times...
Q Can we prorate annual bonuses based on time away from work because of leaves of absence? Can we be more generous in prorating bonuses for Family and Medical Leave Act (FMLA) leaves and less generous for non-FMLA...
When, and under what circumstances, is a salaried employee considered not "salaried" and therefore not exempt from receiving overtime pay under the Fair Labor Standards Act (FLSA)? The U.S. 8th Circuit Court of Appeals...
With Joe Biden becoming our 46th president on January 20, 2021, we think it's beneficial to look ahead at what his administration's employment law agenda might look like. With the likelihood of a divided Congress for at...
In a continuing effort to curtail legal immigration, the Trump administration recently announced two rule changes radically limiting H-1Bs and the most common employment-based permanent residence process. The first rule...
Over many years, federal courts have developed a doctrine for successor liability in labor and employment disputes that evaluates certain factors to determine whether to hold a successor entity responsible for the unfair...
Several civil rights groups have sued the Trump administration to block a recent Executive Order (EO) prohibiting federal contractors and others from covering certain so-called "race and sex stereotyping" topics during...
Q Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), can a police officer's probationary period be extended for the amount she is on military leave? This also would cause her performance...
In response to the rising number of COVID-19 cases, the Michigan Department of Health and Human Services (MDHHS) recently revised its emergency rules for gatherings and the use of face masks. Face masks still required...
The National Labor Relations Act (NLRA), like many federal laws, bans discrimination and retaliation. It prohibits an employer from discriminating over hiring, firing, or the terms or conditions of employment to...
Q We have an employee who has resigned and wants to donate her sick time to a coworker. Our policy states we will pay out vacation time but not sick leave. How should we handle sick leave transfers with all employees? A...
Recent class action litigation by New York court police officers shows how long-standing state whistleblower protection laws can lead to litigation against unwary employers during the COVID-19 crisis. As states continue...
Before the COVID-19 crisis, employees could pop into the office supply closet for the ream of paper they needed to print that 50-page report or a box of staples or pens to refill their dwindling stash. Now, they may be...