Employment Law Letter

GINA offers no toehold for employees hoping to avoid COVID-19 shots, testing

Employees are trying to find creative ways to avoid COVID-19 vaccinations and testing, for example, by alleging their privacy rights are being violated under the Genetic Information Nondiscrimination Act (GINA). Read on...

Oct 31, 2021 · Employment Law Letter · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin · Mid-Atlantic · Delaware · Maryland · New Jersey · Pennsylvania · Virginia · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia · Midwest · Arkansas · Kansas · Missouri · Oklahoma · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota · West · Alaska · Arizona · Hawaii · Nevada · Oregon · Washington

Biden's COVID-19 action plan toggles between hard, soft vaccine mandates

President Joe Biden's new COVID-19 action plan is using his regulatory powers to try to reduce the number of unvaccinated Americans, estimated to be more than 80 million people. The plan includes both "hard" mandates for...

Requiring doctor's note for employee absences

Q An employee has missed work several times to attend doctor's appointments and has discussed certain health issues. At what point can we require a doctor's note to continue to work? It depends on the type of leave the...

White House issues new COVID vaccine rules for federal contractors, subcontractors

On September 24, 2021, the White House’s Safer Federal Workforce Task Force released new guidance on COVID-19 workplace safety protocols for federal contractors and subcontractors. The guidance accords with President Joe...

Biden takes three-pronged approach to improve COVID-19 vaccination rates

The Biden administration, as well as employers, have repeatedly tried to increase the COVID-19 vaccination rates among employees and the U.S. population in general. Many employers initially avoided mandating the shots...

Federal contractors, subcontractors must vaccinate workers by December 8

The White House’s Safer Federal Workforce Task Force recently released new vaccination guidance for federal contractors and subcontractors. Under the guidelines, employees of federal contractors (and subcontractors) must...

Biden’s COVID-19 action plan toggles between hard, soft vaccine mandates

President Joe Biden’s new COVID-19 action plan is using his regulatory powers to try to reduce the number of unvaccinated Americans, estimated to be more than 80 million people. The plan includes both “hard” mandates for...

Massachusetts cities, towns reacting to increased COVID-19 numbers

Since Massachusetts replaced its mask order with a “mask advisory” in July 2021, COVID-19 cases have begun to increase, and the delta variant has become dominant. In recent weeks, cities and towns have begun to institute...

Oct 31, 2021 · Employment Law Letter · New England · Massachusetts

What to do if an employee is unable to return from FMLA leave

Q If an employee is unable to return to work after Family and Medical Leave Act (FMLA) leave and isn’t protected under the Americans with Disabilities Act (ADA), how much time should we allow before we administratively...

Oct 31, 2021 · Employment Law Letter · New England · Massachusetts

Hackers bribing employees, vendors to deploy ransomware

With ransomware attacks up by more than 150% in the first half of 2021, there seems to be no limit to the methods criminal hackers will use to deploy ransomware or otherwise cause cyber mayhem. Their latest trick: hiring...

Timing matters: Employee fired during FMLA leave for months-old problems

Though the following case is still in its infancy, it tees up several common concerns in employment litigation. A new supervisor arrives on the scene and starts pointing out performance problems for the first time...

Sometimes employers' good deeds get rewarded

There is a common belief among defense lawyers who practice employment law and HR professionals who administer it that "no good deed goes unpunished." While that belief is common, it often is also mistaken, as the...

Oct 31, 2021 · Employment Law Letter · Texas

Some ideas for performance evaluations as the pandemic continues

The COVID-19 pandemic continues to disrupt many facets of employment, including how managers and employees communicate about performance. Like last year, employers are struggling to decide how to assess employee...

Oct 31, 2021 · Employment Law Letter · California · New York · Texas · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin · Mid-Atlantic · Delaware · Maryland · New Jersey · Pennsylvania · Virginia · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia · Midwest · Arkansas · Kansas · Missouri · Oklahoma · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota · West · Alaska · Arizona · Hawaii · Nevada · Oregon · Washington

Staffing up during the pandemic: a few tips

Many employers were optimistic earlier in the year when the COVID-19 vaccination program ramped up in a big way and case counts seemed to be on the decline. Restrictions were eased, and light seemed to appear at the end...

Unions and a cup of joe to go: 3 Starbucks stores seek to unionize

As the labor shortage continues, employees at select Starbucks stores may become the first company-owned cafes in the U.S. to unionize. Employers are now on notice: Giving thanks can go a long way. Leverage of the labor...

Oct 31, 2021 · Employment Law Letter · Texas

Alabama Albert L. Vreeland and David J. Middlebrooks of Lehr Middlebrooks Vreeland & Thompson, P.C.
Florida G. Thomas Harper of The Law and Mediation Offices of G. Thomas Harper, LLC, Lisa Berg and Andrew Rodman of Stearns Weaver Miller, and Robert J. Sniffen and Jeff Slanker of Sniffen & Spellman, P.A.
Georgia Raanon Gal of Barnes & Thornburg LLP, Glianny Fagundo of Thompson Hine LLP and Chris Butler of the Chris Butler Firm
Louisiana H. Mark Adams and Jennifer Kogos of Jones Walker LLP
Mississippi Martin J. Regimbal of The Kullman Firm

Employment Law Letter

Southeast Editors