Labor & Employment Developments Blog

The big news in the employment law world this week is the EEOC has issued its long awaited guidance on COVID-19 vaccinations and the ADA, including guidance on mandatory vaccination policies. Here are the key points:

Non-compete agreements are always a hot topic when employees move around a lot and due to COVID-19, a lot of employers have had reductions in force this year.  As a result, we’ve seen an uptick in questions about non-competes.  In the typical case, an employee leaves one employer for a new employer and the former employer believes that the employee is violating his or her non-compete agreement.  Thus, in any non-compete case, there are three possible parties: 1) the former employer; 2) the employee; and 3) the new employer.

Each of these parties may make mistakes that interfere with their ...

Attorney Mark Chumley provides practical insights into the challenges facing businesses today. Employment at-will is the default rule in almost every state. Where did it come from, what does it mean and what does it do for employers today?

Attorney Mark Chumley provides practical insights into the challenges facing businesses today. You've probably heard about COVID-19 immunity laws being passed but how much protection do they really provide for employers?  Also, did you ever wonder where the phrase "You're fired" came from?

Attorney Mark Chumley provides practical insights into the challenges facing businesses today. If you are planning a reduction in force (RIF) in the current business and legal environment, there are several factors to be considered.

We are excited to announce the launch of the Practical Employment Law Podcast, a new podcast for managers, business owners, human resources professionals, attorneys and anyone else interested in learning about the employment law challenges facing businesses today.  Each episode will be brief – 10 or 15 minutes – and focused on one issue discussed in practical terms, ending with a takeaway or two. The podcast is hosted by Mark Chumley and new episodes will come out at least a couple of times per month.

You can find the podcast here or wherever you normally get podcasts.  If you ...

Between COVID-19 and social unrest, this year has seen many reservists and other members of the military called to active duty.  Unfortunately, military leave seems to be an issue with which even sophisticated employers struggle.  While not an exhaustive list, here are five things for employers to bear in mind about military leave.

1. USERRA is extremely broad. The Uniformed Services Employment and Reemployment Rights Act (USERRA), which protects civilian employment of military personnel, is very broad. Unlike most employment laws, it applies to almost all employers regardless of ...

Earlier this month, the Ohio legislature passed and the Governor signed into law House Bill 606, which provides qualified immunity to employers who are accused of spreading COVID-19. It goes into effect on December 13, 2020 and covers conduct between March 9, 2020 and September 30, 2021.  The new law provides immunity for businesses from customers and employees bringing lawsuits alleging exposure, transmission, or contraction of COVID-19 in a place of business, unless the owner’s or employer’s actions amounted to reckless conduct or willful misconduct.  This is obviously good ...

On September 22, 2020, President Trump issued an Executive Order on Combating Race and Sex Stereotyping that prohibits federal contractors and grantees from engaging in many forms of diversity, inclusion, and implicit bias training. 

The Order requires that government agencies to include in every new government contract, provisions barring the contractor from using workplace training that inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating, including concepts that:

1. one race or sex is inherently superior to another race or sex;

As summer winds down, a lot of attention has been given to schools resuming classes.  Some schools are meeting in person fully or partially but many have moved to online classes for the foreseeable future.  Even schools meeting in person may be forced to change course depending on circumstances, e.g. students or teachers contracting COVID-19.  All of this means a great deal of uncertainty for working parents and a major issue for employers who will have to manage attendance and leave issues.