As the business community patiently awaits a ruling from the Sixth Circuit Court of Appeals on whether the Fifth Circuit correctly stayed the OSHA Emergency Temporary Standard, we did get a significant Sixth Circuit ruling yesterday. The court confirmed that the entire court will not yet decide whether the ETS is…
The Employer Handbook Blog
On a scale of 😴 to 🤯, let’s score the EEOC’s latest guidance on whether COVID-19 is a disability
I was skeptical. Yesterday, at 10:17 AM, I received an emailed press release from the U.S. Equal Employment Opportunity Commission. The federal agency touted “adding a new section [to its existing COVID-19 Technical Guidance] to clarify under what circumstances COVID-19 may be considered a disability under the Americans with Disabilities…
Waitress receives $4400 in tips but gets FIRED after she resisted sharing them. Is that legal?
It depends. ‘¯\_(ツ)_/¯’ What happened? According to the British Tabloids, several people dining together contributed $100 each following dinner at a restaurant for the two waitresses who served the group. The tips totaled $4,400. Apparently, one of the diners envisioned having a “$100 club” during the pandemic and called the…
PSA: Hire a lawyer to draft your employment agreements. Otherwise, you may end up like this.
And by “this,” I mean spending a lot more on lawyers to defend a breach of contract claim from a former employee who claims that the employment agreement she signed promised a guaranteed year of employment. But you be the judge. Here’s what a poorly drafted sentence of the contract…
Don’t discriminate. (But, if you do, don’t make it THIS EASY for the EEOC to nail you for it.)
I have a lot of respect for human resource professionals. It’s not easy being in HR. Or so I hear. (No one has ever confused me with someone who put the “human” in human resources. I can be more of a, shall we say, jerk.) I know the types of…
Is it legal to fire over 900 employees at once over Zoom?
Image by Lynn Kurtz from Pixabay News of a New York-based online mortgage lender’s CEO terminating over 900 employees with no notice on a three-minute Zoom call has been dominating my Google Alerts recently. There’s this NBCnews.com report from Elisha Fieldstadt, Ali Gostanian, and Bianca Britton. Noah Kirsch also reported…
And now ALL of the federal COVID-19 mandates for private sector employers are STAYED
Image Credit: Openclipart.org (For private sector employers, at least.) Last month, the Fifth Circuit Court of Appeals stayed OSHA vax-or-test mandate. Last week, a Louisiana federal judge entered a nationwide injunction against the CMS healthcare COVID-19 vaccine mandate. Yesterday, a Georgia federal judge completed the trinity with a nationwide temporary ban on President…
The 11th Circuit denied Florida’s appeal to block the same CMS vaccine mandate that another court already halted in 10 states and another judge blocked nationwide.
Image Credit: Openclipart.org Wait, what? I’ll clear this up for you. First, let’s do a quick recap. On November 20, a federal court in Florida denied the State of Florida’s attempt to enjoin the interim final CMS rule mandating COVID-19 vaccinations for all covered healthcare staff. You can view a…
Here’s what doctors think of the government’s efforts to mandate employee COVID-19 vaccinations
Image Credit: Pixabay.com Weekdays since last vaccine mandate post: 1 0. (Sorry.) Even with my crypto mining servers recommissioned to track the pending vaccinate mandate lawsuits throughout the country, some items slip through the cracks. So, I must tip my crushed velvet, gold-trimmed blogger cap to Rosie Manins at Law360…
It turns out that women filming gifts of sex toys to male colleagues is not ok in Australia
Almost everything I know about Australia comes from The Simpsons. For example, did you know that the water in flushed Australian toilets spins clockwise? (Except at the U.S. Embassy). Down under, they play a game called knifey-spoony. Bull frogs are chazwazzas. And, if you ask for coffee, they’ll serve you…