• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

Can you ask workers if they’ve been vaccinated?

04/15/2021
The EEOC says employers can legally ask workers about their COVID vaccination status—and require proof—without sparking liability under federal employment laws like the ADA or Genetic Information Nondiscrimination Act GINA. But you need to be careful with any follow-up questions.

White House infrastructure plan would bring changes for employers

04/15/2021
The Biden administration’s infrastructure proposal—tentatively titled the American Jobs Plan—was unveiled March 31 and is still in draft form. Taken together, the proposals written into the AJP could affect how employers run their workplaces for decades to come. Here are some of the expected highlights.

ADA: You can make attendance ‘essential’

04/15/2021
Some employers require timely and regular attendance as an essential job function. However, the ADA imposes limits on those expectations, requiring reasonable accommodations of some absences. Key word: Some.

Religious accommodation bar still low, for now

04/15/2021
Since 1977, employees have unsuccessfully asked the Supreme Court to adopt a higher standard for religious accommodation. That plaintiff’s losing streak may not last long.

Even after Amazon, AI could trigger more union organizing

04/13/2021
When Amazon warehouse employees in Alabama voted April 9 not to join the Retail, Wholesale and Department Store Union, many considered it a blow to organized labor. Other observers are not so sure.

Ensure young supervisors understand risk of age bias

04/08/2021
When young managers supervise older subordinates, the age differential can set up generational conflicts that cause legal trouble for employers. Prevent potential age bias claims by making sure all supervisors understand their responsibilities under the Age Discrimination in Employment Act.

Arbitration pact gags could soon come off

04/08/2021
Many cases go to court before they ever go to arbitration, forcing a decision on whether the agreement is legally binding. But that’s not the only problem with arbitration agreements.

Rein in inappropriate tweets, even the boss’s

04/08/2021
When senior executives discuss company business, they are speaking for the company. That speech includes Twitter content, according to the National Labor Relations Board, which has been coming down hard on CEOs who tweet during union organizing drives.

Telework may bring more harassment, not less

04/08/2021
Home may not be the safe space many imagined a year ago. Remote workers experience more workplace harassment, not less, according to a new survey by the nonprofit Project Include.

No matter how small, you’re probably covered by FLSA

04/01/2021
The Department of Labor has for decades held that the Fair Labor Standards Act covers all employers that send mail that crosses state lines or make phone calls to out-of-state numbers. Now a federal appeals court has made it clear that even an occasional phone counts.