KMK Law Management Rights Blog

The New Year is here and this episode will consider some trends from 2022 and what to expect in 2023 and beyond.

Today’s episode will consider a couple of controversial topics. First, the CDC recently updated its COVID-19 guidance for the workplace in some surprising ways. Because many employers defaulted to the CDC for workplace guidance and because emotions continue to run high regarding these issues, employers should be aware of the changes.

With courts still backed up from COVID shutdowns, mediation is a popular option to resolve litigation. 

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

Religious Accommodations:  Does an employer have to accommodate an employee who cannot work on Sundays and what constitutes an undue hardship. The Third Circuit considered these issues in Groff v. DeJoy.

Berling v. Gravity Diagnostics: In this recent Kentucky case, a jury awarded an employee over $450,000 when his employer ignored his request that it forego giving him a birthday party due to the employee’s panic disorder and later terminated his employment.

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

Religious Accommodation: New cases addressing employer obligations in the area of religious accommodations under Title VII are discussed as well as the EEOC’s new guidance on COVID-19 vaccination accommodations, which was issued on March 1, 2022. 

You can find the EEOC’s complete guidance here.

The new vaccine accommodation guidance begins at Letter “L” – scroll down.

Social Media: The media recently reported on the termination of a longtime ...

Ever since the Sixth Circuit dissolved the injunction to OSHA’s Emergency Temporary Standard (ETS), which mandates employers with 100 employees or more to require employees be vaccinated or submit to weekly testing and wear masks, all eyes have turned to the Supreme Court for intervention.  After hearing oral arguments on this issue on January 7, 2022, today the Court acted. In a per curiam opinion (an opinion issued in the name of the Court rather than a specific Justice), the Court reinstituted the stay which had been dissolved by the Sixth Circuit. Following the Sixth Circuit’s ...

In honor of the famous holiday song, The Twelve Days of Christmas, this episode will cover twelve thoughts on the vaccine mandates, including:

1. Current status of the mandates;
2. The Supreme Court’s consideration of the OSHA rule;
3. Timing issues created by the OSHA rule;
4. Steps for employers before the deadlines;
5. The costs associated with compliance;
6. Handling accommodation requests;
7. Issues with turnover;
8. Issues with noncompliant employees;
9. State and local laws;
10. Impact of mandates on smaller businesses;
11. Union issues;
12. Communication with employees.

Listen to the new episode of The ...

Hardly a day goes by without some update on the status of the various federal vaccine mandates. As of today, the OSHA ETS, the CMS Rule and the Federal Contractor Rule are all stayed nationwide.

While the OSHA Emergency Temporary Standard mandating vaccines for employers with over 100 employees has dominated the news, there are two other federal mandates that impact many employers: the federal contractor rule issued via executive orders and the Centers for Medicare & Medicaid Services (CMS) Rule applicable to medicare and medicaid recipients. In this episode, the current status of these rules will be discussed along with some thoughts on what employers should be doing right now to comply or prepare to comply with the rules.

OSHA issued its Emergency Temporary Standard (ETS) effective November 5, 2021. The ETS requires employers with 100 employees or more to require employees be vaccinated or submit to weekly testing and wear masks.