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The Employer Handbook BlogMeanwhile, the CMS healthcare COVID-19 vaccine mandate isn’t faring much better
S nova, CC BY-SA 3.0, via Wikimedia Commons
What do we have here? Is that glass half-full or half-empty? Continue reading
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When will the court decide whether OSHA’s vax-or-test mandate is legal?
Image by tigerlily713 from Pixabay
I know. You have a business to run, and all of this uncertainty about whether OSHA can force COVID-19 vaccinations or weekly testing at companies with 100 or more employees isn’t helping.
So, let’s see if we can at least clarify the timing. Continue reading
Let’s rank the top Thanksgiving foods for 2021. (Can anything take down stuffing?!?)
Dorevabelfiore, CC BY-SA 4.0, via Wikimedia Commons
For just the next few days, who gives a you-know-what about vaccine mandates and booster shots? Continue reading
Eric, we’re just gonna wait and see what happens with the OSHA vax-or-test mandate
Survey by Adrien Coquet from the Noun Project
Thank you to those of you who participated in yesterday’s OSHA vax-or-test survey. Continue reading
Does your private business have more than 99 employees? Take this quick vax-or-test poll.
Image Credit: Survey by Adrien Coquet from the Noun Project
Over the weekend, a colleague asked a few of us how (if?) most private employers with more than 99 employees are prepping their workplaces for the OSHA vaccine-or-test mandate in light of its uncertain fate at the Sixth Circuit — especially after the beatdown that OSHA took at the Fifth Circuit.
And I was like, ” I don’t know.”
So, perhaps the best blog readers in the world can help. Continue reading
See you in court, err, arbitration! SCOTUS to decide whether litigating an employment dispute first precludes arbitrating it later
Freepik, Vital Gorbachev, Smashicons edited by Bruce The Deus, CC BY-SA 4.0, via Wikimedia Commons
If your company makes its employees sign arbitration agreements, then this post is for you.
The rest of you can get an early start on happy hour find something else to read while sipping your morning cup of coffee. Continue reading
The EEOC updated its COVID-19 guidance again with new information on retaliation
Image Credit: finger pointing by BomSymbols from the Noun Project
While nerds like me were flooding LinkedIn with status updates about Sixth Circuit this and OSHA ETS that, the U.S. Equal Employment Opportunity Commission was hosting a secret “virtual dialogue” with the employer Illuminati about retaliation updating its COVID-19 Technical Assistance to include additional information on retaliation.
Anything 🤯? Continue reading
The Sixth Circuit “won the lottery” and will decide the fate of the OSHA vax-or-test mandate
Image by Alejandro Garay from Pixabay
Filed Under: Every Employment Law Blogger Will Be Blogging About This Today.
Employer wigs out over an African American employee’s hair; EEOC claims race discrimination
Image Credit: Wig by Daniela Baptista from the Noun Project
In recent years, some states and municipalities have made it unlawful to discriminate based on an individual’s hairstyle because certain protected classes — usually Black women — receive unfair treatment based on inherent hair texture and protective hairstyles, like braids, locs, and twists. Why, yesterday, Tempe became the second city in Arizona to pass a hair discrimination ban.
There’s nothing explicit under federal antidiscrimination law, like Title VII, that outlaws hair discrimination. But, that hasn’t stopped the EEOC from pursuing related claims for race discrimination. Continue reading
The Fifth Circuit just dunked hard on OSHA’s vax-or-test mandate
Image Credit: slam dunk by Andrew Doane from the Noun Project
On Friday afternoon, when four of my FisherBroyles employer law partners and I were dissecting the OSHA vax-or-test Emergency Temporary Standard (ETS) on Zoom — ICYMI, you can watch the replay here on The Employer Handbook YouTube Channel (https://bit.ly/TheEmployerHandbookYouTube) — I asked them to raise their hand if they thought that the ETS would ultimately survive judicial scrutiny.
No one did. Continue reading