KMK Law Management Rights Blog

Nearly a month after the U.S. Centers for Disease Control and Prevention recommended that fully vaccinated individuals no longer had to wear masks to combat COVID-19, the Occupational Safety and Health Administration has announced its long awaited updated guidance on protecting workers. President Biden issued an executive order in January directing OSHA to pursue a clearer standard for COVID-19. The standard announced today applies only to the health-care industry. A copy of the new rule can be found here on OSHA’s website, with a summary available here.

Many employers are using or considering using smartphone apps for their employees.  In such cases, employees download an app that can be used for a variety of purposes, including employee engagement, communication, work assignments, route and delivery information and more. 

In a surprise move on Friday, May 14, the CDC issued new guidance indicating that individuals who have been fully vaccinated no longer need to wear masks or social distance in most settings.  Several states and municipalities, including Ohio, have quickly adopted the CDC’s new approach and more are likely to follow.  This has left employers with a lot of questions, including:

• Can I continue to require masks?
• If I no longer require masks for vaccinated employees, can I ask who has been vaccinated?
• Can I or should I verify the vaccination status of employees?
• What issues might come up when I ...

The statistics tell us that most employment law cases end in settlement.  Unfortunately, there are a lot of misconceptions about settlement and the process to reach a settlement.  In this episode, the basics of settlement will be covered. 

In this new podcast episode, recent cases and news from the world of Labor & Employment Law will be discussed, including:

Age discrimination - in Seiple v. Cracker Barrel Old Country Store, an employee brought an age discrimination claim and the court focused on inconsistencies between the employer’s position and the record evidence. 

Retaliation - in Scalia v. F.W. Webb Co., an employer was accused of retaliation for sending emails to employees asking about their participation in a Department of Labor investigation.

New DOL Guidance on Pandemic Related Issues - On April 26, 2021 ...

The second episode in the podcast mini-series - Termination Done Right - covers proactive steps for employers to take in connection with terminations.  These steps will help employers in the event there is litigation over a termination decision.  Steps include:

Reviewing Policies Related to Termination -  Employers should ensure that their policies provide them with sufficient discretion to terminate employees at will without requiring multi-step discipline.  Also, policies should be periodically reviewed for consistency.

Conducting Effective Investigations Before ...

There have been several new developments in 2021 that broadly impact employers’ approaches to COVID-19.   In this episode:

FFCRA Leave - The FFCRA has again been extended on a voluntary basis so that employers can offer leave through September 30, 2021.  Employers who elect to continue offering leave need to be aware of some changes to FFCRA leave.

COVID-19 Vaccinations - Last year, the EEOC issued its guidance for employers on COVID-19 vaccination policies that allows employers to require vaccinations with certain exceptions.  Several states are not considering legislation that ...

In this new podcast feature, recent cases and news from the world of Labor & Employment Law will be discussed.  In this episode:

Employee on call time - in Wesley v. Experian Information Solutions, IT employees brought claims for unpaid overtime for time they were required to be on-call to answer client questions. 

Rescinded job offer - in Goldfarb v. Solimine, the court considered a claim by an individual who quit a high paying job to accept another, only to have the offer withdrawn after he quit.

Reasonable accommodations - in Daniel v. Walmart the court considered what steps an employee ...

A significant generator of employment litigation is poorly handled terminations.  Whether your approach to litigation is to fight on principle or settle cases, a well executed termination will minimize settlement values and/or make a case more defensible.  Of course, it is impossible to eliminate the threat of litigation no matter how well you do things but over the long haul, doing terminations the right way is a sound strategy to limit exposure.

As we start a new year, here are 5 things employers may want to consider to avoid trouble:

1.  COVID-19 Plans - You probably have a plan in place but this is a good time to take stock of how it is working.  Also, employers need to consider what to do about vaccine policies as the vaccines become more widely available.  Finally, the FFCRA leave has expired as of 12/31/20 but employers may continue to offer leave through March 2021 - consider whether this makes sense for your business.

2.  Independent Contractors - How is your business using independent contractors?  Are thy properly classified as ...