The status of federally mandated vaccinations for COVID 19 seems to evolve almost daily. Recent U.S. Supreme Court and district court decisions continue to change the legal landscape. Here’s where we stand as of late...
Employment Law Letter
An employer’s request for medical recertification to establish eligibility for Family and Medical Leave Act (FMLA) leave didn’t violate the Act, the U.S. 8th Circuit Court of Appeals (which covers Arkansas) recently...
Last fall, the Office of Federal Contract Compliance Programs (OFCCP) received approval from the Office of Management and Budget (OMB) to implement a new online platform—the Affirmative Action Program Verification...
A recently introduced Wisconsin bill proposes to decriminalize marijuana and includes a provision limiting an employer’s liability for not testing employees. The bill doesn’t prevent employers from testing employees...
Whenever the White House switches from one party to the other, there are risks because new appointments to the National Labor Relations Board (NLRB) mean changes will occur in how it interprets and enforces the National...
The town of Kingston didn’t violate the Family and Medical Leave Act (FMLA) or state disability discrimination laws when it decided not to reappoint an employee on FMLA leave to her position after her predetermined term...
New disclosure requirements should bring more transparency to the health plan side of employee benefits and allow plan fiduciaries to know and understand all the ways, direct and indirect, everyone is getting paid. The...
The Centers for Medicare and Medicaid Services (CMS) has issued new guidance with updated compliance deadlines for healthcare facilities covered by its vaccine mandate, which the U.S. Supreme Court (SCOTUS) recently...
Even if you aren’t a regular U.S. Supreme Court watcher, you likely know the Court recently voted 6-3 to strike down the Occupational Health and Safety Administration’s (OSHA) COVID-19 vaccine mandate. The agency’s...
Employers may be startled to see figures from the New Hampshire Department of Labor (NHDOL) revealing just how expensive wage and hour violations can be. In fiscal year (FY) 2021 (July 2020-June 30, 2021), the state...
The U.S. Department of Labor (DOL) recently issued a document titled “Fact Sheet #84: Compensability of Time Spent Undergoing COVID-19 Health Screenings, Testing, and Vaccinations Under the Fair Labor Standards Act (FLSA...
The U.S. Supreme Court upheld the Centers for Medicare and Medicaid Services’ (CMS) vaccine mandate for many healthcare employees in a ruling issued on January 13, 2022. The Court granted a stay (or hold) against...
During a recent special legislative session, West Virginia Governor Jim Justice signed House Bill (HB) 335 relating to COVID-19 immunizations requirements for employment in the public and private sectors. Effective...
When bringing on new employees, employers typically want to learn as much as possible about candidates to ensure they’re right for the job. But can a hiring process that starts by hiding certain applicant qualities...
With the COVID-19 pandemic stretching into its third year, employers and employees alike can look back on many lessons learned. Workers have been able to master Zoom meetings and remote or hybrid working, and many on...