EEOC regulations require employers to post notice of employee rights that protect employees from discrimination. These posters must be posted in conspicuous places. The EEOC has updated its “Know your Rights” posters. Employers should update their posters with the most recent versions from the EEOC. You can access the English and Spanish versions for posting
News & Commentary
Federal Arbitration Act Amended to Preclude Mandatory, Predispute Arbitration Agreements of Sexual Assault, Harassment Disputes
On March 3, 2022, the President signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“Act”). The new law amends the Federal Arbitration Act to prohibit the enforceability of mandatory, predispute arbitration agreements and class action waivers of sexual assault and sexual harassment disputes. The passage of the law comes…
OSHA’s On-Again, Off-Again Vaccine and Testing Mandate for Large Employers is On-Again—Happy Holiday Employers!
Enforcement of the Biden Administration’s three vaccine mandates (i.e., government contractor, CMS and large employer mandates) had been stayed or partially stayed by various federal courts. The OSHA Emergency Temporary Standard (ETS) applicable to most employers having 100 or more employees was stayed by the Fifth Circuit Court of Appeals prohibiting enforcement of the rule. …
Learning from the Mistakes of Others
Some of the best lessons are those learned not through our own mistakes; but rather by the mistakes of others. We get all the same knowledge without the pain associated with learning by our own mistakes. Fifteen years ago, Radio Shack was blasted for communicating the layoff of over 400 workers to the employees by…
Answering 10 Questions About OSHA’s Emergency Vaccine and Testing Mandate for Large Employers
On November 4, 2021, OSHA issued its Emergency Temporary Standard (“ETS”) on mandatory COVID-19 vaccination and/or testing. The ETS requires that employers with more than 100 employees require most employees get vaccinated or undergo weekly COVID-19 testing and masking. OSHA’s ETS preempts any conflicting state or local laws.
- What does the ETS require?
The ETS…
Governor Abbott Issues Executive Order Prohibiting Vaccine Mandates
On October 12, 2021, Texas Governor Greg Abbott issued an Executive order prohibiting businesses and employers from requiring employees and consumers who object to getting a COVID-19 vaccine for reasons of personal conscience, religious belief or medical reasons (including prior recovery from COVID-19) to be vaccinated. The order states as follows:
No entity in Texas
…
Federal Vaccine Testing Mandate for Large Employers is not Workable
Last week President Biden announced that he was directing OSHA to develop and publish an emergency temporary standard requiring employers with 100 or more employees to require employees to get a COVID-19 vaccination or undergo weekly testing. According to the White House, this standard would apply to 80 million private sector employees. Ohio employment lawyer…
Biden Directs OSHA to Issue Emergency Standard Mandating Large Employers Require COVID-19 Vaccinations of Workforce or Weekly Testing
Yesterday, President Biden announced that he is directing the Occupational Health and Safety Administration (“OSHA”) to engage in emergency temporary rule making and issue a standard requiring employers with more than 100 employees to cause their employees to either be fully vaccinated against COVID-19 or test negative for COVID-19 on a weekly basis. The President’s…
Employers Overcoming Reservations about Requiring COVID Vaccination as a Condition of Employment
Employers are overcoming their reluctance to require that employees become vaccinated against the COVD-19 virus as a condition of employment. Microsoft, Google, Tyson Foods and many health care providers have announced they will require their employees who work on-site to obtain and provide proof that they have received a COVID-19 vaccination.
At least two federal…
Texas Legislature Expands Scope of Liability for Claims of Sexual Harassment
Effective September 1, 2021, a pair of bills passed by the Texas Legislature will expand the scope of employer liability for claims of sexual harassment. The bill makes four important amendments to the Texas Commission on Human Rights Act (“Act”).
First the amendment defines what constitutes sexual harassment under state law. Sexual harassment means an…