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One of the Sixth Circuit judges couldn’t resist sharing his two cents on OSHA’s vax-or-test mandate

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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…