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Fourth Circuit Rules That Gender Dysphoria Is Not Excluded by ADA
Earlier this week, the U.S. Court of Appeals for the Fourth Circuit ruled that gender dysphoria is not to be excluded from the broad definition of “disability” laid out in the Americans with Disabilities Act (ADA). This decision may signal a new direction for discrimination law, and employers should be aware of its impacts. More >
Does Your COVID Testing Program Pass the Test? – EEOC Updates COVID Guidance for Employers
After nearly two and a half years of constantly evolving standards for handling COVID in the workplace, it is no surprise that the EEOC has updated its guidance once again. The most significant change in guidance applies to testing employees for COVID, and employers should be aware of this shift in order to maintain compliance. More >
Beat the Heat with a Workplace Safety Plan
This summer is proving to be another hot one in many parts of the country, which means the odds of workplace illnesses and injuries relating to excessive temperatures are much higher. In April, the Occupational Safety and Health Administration (OSHA) announced a National Emphasis Program focused on addressing workplace heat hazards, which will entail OSHA conducting inspections to identify heat-related hazards in workplaces both indoors and outdoors. Employers should have a plan to avoid liability for heat-related illnesses and to be prepared should such an inspection occur. More >
An Employer's Guide to Intermittent FMLA Leave
Through the Family and Medical Leave Act (FMLA), certain employees are entitled to 12 work weeks of unpaid leave under specific medical or family circumstances, such as parental leave or a serious health condition. In some cases, employees eligible under FMLA take their 12 weeks of leave all at once. However, FMLA does not require leave to be used in a single block. Employees with qualifying circumstances may take their allotted leave in smaller increments that amount to as much as 12 work weeks over a 12-month period—but this “intermittent leave” can cause numerous headaches for employers. It’s important for employers to understand how intermittent leave works and how to best handle its effects in the workplace. More >
School's Out, Work's In--Considerations for Seasonal Employment
As summer approaches, many businesses will be thinking about hiring seasonal employees. Whether those are high schoolers looking for pocket change, college students in need of internship credits, or just more sets of hands to assist with the busy months, specific considerations need to be made for your seasonal workers to assure legal compliance. More >
NLRB GC Seeks to End Captive Audience Meetings
In yet another bid to weaken employers’ stance in the face of organized labor, NLRB General Counsel Jennifer Abruzzo has issued a memo calling for an end to employer-led “captive audience” meetings. This move by the NLRB threatens one of employers’ key tools for curbing unionization in the workplace and is yet another foreboding sign of the Biden administration’s pro-labor agenda. More >
Because of Winn-Dixie—New DOJ Guidance for Website Accessibility and ADA Compliance
When most employers and business owners think of their obligations under the Americans with Disabilities Act (ADA), they think of reasonable accommodations for employees and accessibility in their physical public spaces, such as automatic doors or Braille. A recent decision from a federal appellate court and recent guidance from the Department of Justice (DOJ), however, should cause business owners to also think about their accessibility in another kind of public space—the internet. More >
Amazon Workers Vote to Unionize, Paving Way for New Labor Woes for Employers
For the first time in the U.S., an Amazon facility’s workers have voted to unionize. The workers at the Staten Island warehouse “JFK8” voted 2,654-2,131 to be represented by the Amazon Labor Union (ALU). After years of unsuccessful organizing attempts across the country, this breakthrough victory portends a growing labor movement, and employers should be ready for what it may bring. More >
EEOC Updates Caregiver Guidance for Employers
Though we are now two years into the pandemic, the Equal Employment Opportunity Commission (EEOC) is still not finished issuing COVID-related guidance for employers. The Commission’s latest statement involves issues of bias regarding employees with caregiver responsibilities, especially such responsibilities relating to or resulting from the pandemic. Employers should be aware of how caregiver bias may manifest itself and how to avoid illegal discrimination per new EEOC guidance. More >
Boeing, Boeing, Gone! NLRB GC Recommends Reversal of Employer Handbook Standards
With any new administration in Washington comes changes to the National Labor Relations Board. From the start, Biden’s NLRB has made clear their goal to reverse the employer-friendly handbook standards established by the Boeing decision, and the General Counsel’s March 7th post-hearing brief includes recommendations that take further steps towards that goal. More >
