Q Our employee has filed an Americans with Disabilities Act (ADA) request with her psychiatrist to work from home permanently. Do we have to accommodate her? She already has performance issues, and no one else on her...
Employment Law Letter
The Equal Employment Opportunity Commission (EEOC) recently issued guidance about whether employers may offer incentives to employees or their family members to get vaccinated for COVID-19. Although the guidelines are...
Q Can we ask employees if they have received the COVID-19 vaccine? A Yes. In short, employers may ask employees to tell (and show proof) whether they have been vaccinated. In December 2020, the Equal Employment...
Strong passwords. Two-factor authentication. Mandatory password changes. Most of us have seen these and other cybersecurity requirements expand in both scope and complexity in recent years. Many changes have been...
In response to last year’s groundbreaking decision by the Washington State Supreme Court in Martinez-Cuevas v. DeRuyter Bros. Dairy, Inc., the state legislature recently passed Engrossed Substitute Senate Bill (SB) 5172...
If disabled employees can’t be reasonably accommodated in their current job, the Americans with Disabilities Act (ADA) requires you to consider reassigning them to a vacant position they are qualified to perform. Under...
The Vermont Supreme Court recently considered whether a surviving spouse could collect her husband’s retirement account allowance under the Vermont State Employees’ Retirement System (VSERS) even though he failed to...
Q If we need to lay off an employee because our business still hasn’t returned to prepandemic production levels, will we be charged for the unemployment? Anyone we laid off last March isn’t currently getting charged to...
President Joe Biden recently issued Executive Order (EO) 14026 increasing the minimum wage for federal contractors and phasing out the tip credit wage. What president’s order says Minimum wage. Starting January 30, 2022...
In a case involving same-sex sexual harassment, the U.S. 4th Circuit Court of Appeals (whose rulings apply to all South Carolina employers) recently partially reversed a district court’s grant of summary judgment...
The entire Pacific Northwest region has suffered through a recent period of unprecedentedly high temperatures, even for summer. In response, the Oregon Occupational Safety and Health Administration (Oregon-OSHA) has...
Noneconomic damages (i.e., damages for such things as emotional injury or mental distress) are uncapped in Oregon employment cases, the state supreme court recently ruled in response to a question from the U.S. 9th...
In early January 2021, the Trump administration created a new, employer-friendly regulation that would have made it easier (or at least provided clarity) for companies to classify workers as independent contractors. The...
The Biden administration recently unveiled its American Families Plan (AFP), an initiative focused on supporting children and families that includes making investments in education, extending tax cuts to lower- and...
To prepare for issues Oklahoma employers could face in the future, we monitor lawsuits filed in other states that present new, unique, or challenging claims. Keeping track of national trends makes you better equipped to...