Employment Law Blog

ALERT: NLRB General Counsel Signals Sea Change in Labor Regulation

For more on this subject, register here for our October 12th webinar, All Handbooks on Deck: How the Changing Tides of the NLRB May Lead Your Employee Policies into Rough Waters.

The new National Labor Relations Board General Counsel has issued a memo outlining her issues priorities, and it’s a doozy for employers. The broad outlines of the policy reconsiderations are massive in scope, effectively revisiting the entirety of the NLRB output over the last four years. While a discussion of the larger implications of each policy provision will be forthcoming, here is a general outline of what’s in store from the NLRB going forward, and employers should already be set to make some changes. More >

Like LinkedIn Email

Tags: concerted activity, confidentiality, Employee Handbook, Employee speech, NLRA, NLRB

Long-Term COVID Effects May Qualify as a Disability under the ADA—What Employers Need to Know

For more on this subject, view our webinar, Myths, Masks, and Mandates: More Advice for the Continuing Workplace Challenges of COVID-19.

We are still learning more about the virus, including its long-term effects on those who have been infected. Because of the severity of these long-lasting symptoms, both the Department of Health and Human Services (“HHS”) and Department of Justice (“DOJ”) recently released guidance stating that “long COVID” may qualify as a disability under anti-discrimination laws, including the Americans with Disabilities Act (“ADA”). An employer must remain aware of the long-term effects that COVID can have on its workforce and potential accommodations that its employees may need.  More >

Like LinkedIn Email

Tags: ADA, Anti-Discrimination, coronavirus, COVID-19, Department of Justice, EEOC, Employment Discrimination Laws, employment law, employment law for employers, Healthy At Work, Human Resources, Labor Law, Pandemic, reasonable accommodations, work-from-home, workforce

Supreme Court: Bad Intent Not Enough to Violate the Computer Fraud and Abuse Act

In an unlikely 6-3 decision where Justices Barrett, Gorsuch, and Kavanaugh joined the three so-called “liberal justices,” the United States Supreme Court held on June 3, 2021, that a police officer did not violate the Computer Fraud and Abuse Act, 18 U.S.C. §1030(a)(2) (“CFAA”), by accessing a law enforcement database to retrieve information to commit a crime. This case may have far-reaching implications for companies that provide access to trade secrets and confidential information to employees, and it’s probably time for them to review their contracts and policies. More >

Like LinkedIn Email

Tags: Computer Fraud and Abuse Act, Trade Secrets, United States Supreme Court, Van Buren v. United States

New Kentucky Law Protects Businesses from COVID-19 Liability

Kentucky recently joined a growing group of states who have passed measures to protect private businesses from coronavirus-related lawsuits. Senate Bill 5 cleared the Kentucky Senate in early March and the House soon thereafter. It became law on Monday, April 11, without the Governor’s signature. More >

Like LinkedIn Email

Tags: Business entity liability, coronavirus, Corporate, COVID-19, Liability, OSHA, SB 5, Small business liability

EEOC Updates Compliance Manual on Religious Discrimination

Recently, the EEOC released updated guidance for employers regarding religious discrimination and accommodations in the Compliance Manual Section on Religious Discrimination. The updates override the previous iteration of the manual published in 2008. Importantly, this manual does not bind employers by law, but it does inform the way that the EEOC processes claims under the law and is therefore a crucial resource for employers.  With these updates, the EEOC clarified an important aspect of religious discrimination: who is protected by the Title VII. More >

Like LinkedIn Email

Tags: Anti-Discrimination, EEOC, Employment Discrimination Laws, employment law, employment law for employers, Religious Accommodation and Discrimination

Webinar: Vaccinations and Regulations and Misinformation, Oh My!

More >

Like LinkedIn Email

Tags: ADA, Anti-Discrimination, CDC, Centers for Disease Control and Prevention, coronavirus, COVID-19, Genetic Information Nondiscrimination Act ("GINA"), Healthy At Work, reasonable accommodations, Title VII, Title VII of the Civil Rights Act of 1964

Employers, Take Note: EEOC Releases COVID-19 Vaccine Guidance

Throughout the course of 2020, employers have had to stay abreast of a myriad of COVID-19 regulations in the workplace. This includes understanding the ways that CDC guidelines, local and federal regulations, and public health recommendations intersect with the Americans with Disabilities Act (‘ADA’), Title VII of the Civil Rights Act, the Genetic Information Nondiscrimination Act (‘GINA’), and more. In addition to the existing recommendations, the EEOC has released guidance for employers to stay compliant when managing the distribution of the newly approved coronavirus vaccines in the workplace. More >

Like LinkedIn Email

Tags: ADA, coronavirus, COVID-19, EEOC, Genetic Information Nondiscrimination Act ("GINA"), Title VII, Title VII of the Civil Rights Act of 1964