This COVID year plus has been a time of lockdowns and social distancing. However, along the way, people have been out in public, without necessarily social distancing, and protesting—vociferously and publicly, and, in some instances, as a part of larger riots, destruction of property, injury to others, and challenges to the political bodies in power. […]
Termination of Employment when an Employee “Peacefully Protests.”
Tips for Conducting Effective Internal Investigations – Including “Zoom” Investigations – Part II
The need to conduct internal investigations has continued, even in a COVID and remote environment. In Part I of this post, we discussed important decisions to make prior to the investigation, ensuring that the witness’ interview area maintains confidentiality, establishing a style of conducting the witness interview, and setting the expectation for confidentiality. Part II […]
Tips for Conducting Effective Internal Investigations —Including “Zoom” Investigations — Part I
By: Dennis P. Duffy Despite COVID-19, the need to conduct internal investigations persists. Indeed, employers have seen an increase in whistleblower and similar complaints that require employer investigation. Due to COVID-related restrictions, an increasing number of employer investigations are being conducted remotely using Zoom, Skype, FaceTime and other communications technology. In this initial post, we […]
EEOC Guidance: Employer Mandated Vaccinations?
On December 16, 2020, the Equal Employment Opportunity Commission (“EEOC”) issued further guidance about the employment rules applicable during the COVID-19 pandemic—this time focusing on employer-mandated vaccinations. The latest guidance updates previous EEOC thought “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and other EEO Law”. In the new Section K. […]
Nasdaq Announces Diversity Requirements
By: F. Colin Duham On December 1, 2020, Nasdaq introduced new listing rules aimed at increasing diversity among directors at companies listed on its exchange. In particular, under its proposal, companies listed on the Nasdaq would be required to either have, or explain why they do not have, at least two diverse directors and to […]
Navigating Marijuana Use In The Workplace
By: Emily Green and Colin Durham Leading up to the 2020 general election, thirty-four states (34) had legalized marijuana for medical use and an additional ten (10) states had legalized the drug for recreational use. While the federal government has chosen not to enforce federal law in states that have legalized the drug, marijuana remains […]
The Southern District of New York Strikes Again: The Thorn in the Department of Labor’s Side
In the last two months, the United States District Court for the Southern District of New York has ruled against the U.S. Department of Labor (DOL) twice, most recently on September 8, 2020. In both cases, the court sided with states challenging rules issued by the DOL to provide guidance on the implementation of the […]
DOL Issues Blog Post Further Explaining FFCRA Eligibility
On May 11, 2020, the Department of Labor issued a short blog on leave eligibility under the Families First Coronavirus Response Act (“FFCRA”). The FFCRA applies to employers that have less than 500 employees. The blog linked here is easy to follow and very straightforward in laying out kinds of leave and associated pay to […]
Returning to Work in the Shadow of COVID-19: Resources and Suggested Approaches for Employers
This white paper written by Richard Hathaway, Andrea Johnson, Darren Harrington, and Douglas Bracken examines the brief history of COVID-19 and the resulting business closures. It also examines current efforts to reopen businesses and identify several sources of guidance for employers looking to safely reopen. The white paper further examines some of the special considerations […]
OSHA Memo Permitting Discretion in Enforcement Based on Employer’s Good Faith Efforts During the Coronavirus Disease 2019 (COVID-19) Pandemic
OSHA’s April 16, 2020 guidance memo from OSHA’s Directorate of Enforcement provides OSHA area offices with unusual discretion in citing employers who otherwise exercised “good-faith” in attempting to comply with OSHA’s various standards but failed due to circumstances related to the COVID-19 pandemic. The discretion provided to OSHA’s area offices by this guidance will only […]