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Are You Violating the ADA by Screening Employees for COVID-19?

The Equal Employment Opportunity Commission (EEOC) recently issued new guidance related to COVID-19 testing in the workplace. Previously, the EEOC allowed employers to screen workers for COVID-19 without violating the Americans with Disabilities Act (ADA) due to the state of the pandemic. However, the EEOC recently said employers can continue to administer viral tests as a condition of entering the workplace, if the employer can show […]
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Black Lives Matter: Is it protected under the National Labor Relations Act?

No, according to a National Labor Relations Board Administrative Law Judge (ALJ) who recently dismissed a complaint against Home Depot filed by a former employee who marked his uniform with “BLM” insignia. Background The case arose at a Home Depot store in New Brighton, Minnesota.  According to the ALJ’s decision, Home Depot maintains a dress code and “apron policy” that applies to all Home Depot […]
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COVID-19 and Religious Accommodations: New Guidance from the EEOC

Throughout the COVID pandemic,  employers have encountered difficulty balancing safety concerns with employee requests for religious exemptions (or accommodations) from the COVID vaccine.  Due to these  continued challenges, the U.S. Equal Employment Opportunity Commission (“EEOC”), released guidance on March  1, 2022 that addresses  common questions related to religious objections to vaccinations in the workplace. Do employees who have a religious objection to receiving a COVID-19 […]
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ON AGAIN/ OFF AGAIN: OSHA’S NEW TEMPORARY STANDARD FOR COVID-19 MANDATES

Yes, the injunction on OSHA’s Emergency Temporary Standard (“ETS”)  is back per the recent ruling of the U.S. Supreme Court.  The Supreme Court did not strike down the ETS. The Court simply reimposed the injunction, which prohibits OSHA from enforcing the ETS at the present time.  The fight  over whether the emergency rule is valid will continue in the lower courts.    What does this […]
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IT’S BACK: OSHA’S NEW TEMPORARY STANDARD FOR COVID-19 MANDATES

As we recently reported, After OSHA issued its  emergency temporary standard  (“ETS) for Covid-19 mandates, i.e., mandate or test rule, a federal appeals court issued an order blocking the ETS from taking effect nationwide. Shortly thereafter, all federal challenges to the OSHA ETS   were consolidated and sent to the Sixth Circuit Court of Appeals, which many employers assumed would give them relief for the holidays. […]
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What Good Is an EEO Policy?

The EEOC recently filed a lawsuit against the Home2 Suites hotel chain alleging that the hotel manager sexually harassed its female housekeeper for months and then fired her for complaining about it. According to the EEOC’s suit, the manager made inappropriate comments to the housekeeper about her intimate body parts, requested sex from the housekeeper, and physically touched the housekeeper on an intimate body part […]
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ON HOLD: OSHA’S NEW TEMPORARY STANDARD FOR COVID-19 MANDATES

After OSHA issued its temporary standard for Covid-19 mandates, i.e., mandate or test rule, a federal appeals court issued an order blocking the standard from taking effect nationwide. The federal court cited to “grave statutory and constitutional issues” with the OSHA  mandate. As a result, employers are left wondering how to handle their workforce. The Update: As recently reported, OSHA issued an Emergency Temporary Standard […]
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OSHA Speaks: The New Temporary Standard for COVID-19 Mandates

OSHA has issued an Emergency Temporary Standard (“ETS”) to minimize the risk of COVID-19 transmission in the workplace. The ETS covers all employers with a total of 100 or more employees with a few exceptions described below. Generally, covered employers must develop, implement, and enforce a mandatory COVID-19 vaccination policy with an exception for employers that instead adopt a policy requiring employees to elect either […]
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EEOC Update: The Religious Exemption to COVID-19 Mandates

On October 25, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) posted updated and expanded technical assistance related to the COVID-19 pandemic, addressing questions about religious objections to employer COVID-19 vaccine requirements and how they interact with federal equal employment opportunity laws. The EEOC updated this information as many employers are requiring employees to be vaccinated against COVID-19 as a condition of their employment. The […]
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Private Employer Questions about President Biden’s COVID-19 Mandates

After President Biden discussed the private employer requirement of his COVID-19 Action Plan, the “Path out of the Pandemic Plan,” on September 9, 2021, many private employers were left with questions that we will attempt to answer here:   Are private employers subject to a mandate now as a result of the President’s COVID-19 Action Plan? No. Private employers are not subject to a mandate […]
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The EEOC Filed Its First COVID-19 & ADA Lawsuit

The EEOC has now brought its first lawsuit against an employer for allegedly failing to accommodate and unlawfully terminating a disabled employee who had requested to work remotely due to COVID-19. In this case, EEOC v. ISS Facility Services, Inc., the EEOC brought suit on behalf of a former ISS Facility Services (“ISS”) employee alleging various violations of federal employment law. Factual Background The employee worked […]
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Long Covid and the ADA

Although many people with COVID-19 improve weeks after contracting the virus, others continue to experience symptoms for months, or may suffer new or recurring symptoms after the virus load is undetectable in them. This can happen to anyone who contracted  COVID-19, even if the initial illness was mild. This condition is known as “Long COVID.” What is Long COVID ?   According to the Centers […]
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OSHA Says, Employers with Fully Vaccinated Workplaces May Relax COVID Precautions

As recently reported, the recent announcement from the CDC that fully vaccinated people no longer need to wear a mask or physically distance in any non-healthcare setting was a relief for all Americans. However, the CDC announcement offered no specific guidance for employers in need of guidance to manage their workplaces. Since the CDC provides guidance to the general public, and does not regulate our […]
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CDC Lifts Mask Recommendation. What about Workplaces?

The recent announcement from the CDC that fully vaccinated people no longer need to wear a mask or physically distance in any non-healthcare setting was a relief for all Americans. (A person is considered fully vaccinated two weeks after they have received the second dose in a two-dose series (Pfizer-BioNTech or Moderna) or two weeks after they have received a single-dose vaccine (Johnson and Johnson/Janssen)). […]
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OSHA Releases New Guidance

As mandated in President Biden’s Executive Order on Protecting Worker Health and Safety, OSHA announced its revised guidance entitled, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (https://www.osha.gov/coronavirus/safework).  This is OSHA’s first comprehensive workplace guidance since June of 2020, which is a framework and a reminder to employers that policies should be implemented and considered living documents that are updated […]
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Keep Your EEOC Records

Is your company aware that federal regulations require that employers retain certain personnel and employment records related to its selection procedures? A recent lawsuit by the Equal Employment Opportunity Commission (EEOC) underscores not only that these record-keeping requirements exist, but demonstrates the EEOC’s newfound willingness to pursue litigation against companies based upon their failure to maintain these records. Read More…
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Employees Seek Pay for Checking Emails After-Hours

Hold the iPhone —a recent lawsuit by a group of Chicago police officers should have employers on high alert—at least those who permit, officially or not, non-exempt employees to do anything business-related on a mobile device. Read More…  
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3 Lawsuits Your Business Could Face When You Don’t Have an Employment Attorney

Employment attorneys provide a wide range of services that protect businesses just like yours. Business owners hire employment attorneys as a long-term investment in the growth and success of their businesses. An employment attorney provides an invaluable service that protects your business and reduces any loss in revenue resulting from legal issues that can arise. Without a highly skilled and experienced employment attorney, you put […]
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Why Your Business Needs an Employee Handbook

Employee handbooks may not be the first thing that comes to mind when launching a new business or growing an existing one. Many businesses overlook the importance of creating and updating their employee handbooks and put themselves at risk for future employment issues. Businesses of all sizes use employee handbooks to provide valuable information to their organizations while protecting themselves from unwanted litigation and other […]
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Your Employee Handbook is Only as Effective as Your Employee Training

The success of any business depends on the training and development of its individual members. When your organization’s objectives, standards of practice, and processes are clearly outlined to employees and management, you maximize productivity and prevent unwanted issues. A company handbook is the first step in establishing these and many other aspects of your business. But employee training is the real-world implementation of these factors […]
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Protect Your Business by Understanding Wage and Hour Laws

Employee wages and hours are important issues that must be addressed by all businesses. There are state and federal laws in place that govern workplace wages and hours. But these laws have changed over time, and many business owners don’t fully understand them. The laws define the regulation of employees and independent contractors, as well as exemption status and bonuses provided to employees. Understanding these […]
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Enforcing the Non-Compete Statute in Georgia


Non-compete clauses protect businesses when they lose employees who may go on to participate in business activities that create new competition. Preventing employees from competing with their former employers or soliciting their customers is a necessity in many industries. Employers and employees must understand how Georgia’s non-compete statute applies to their businesses. This ensures that agreements between the parties are enforced properly and prevents the […]
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Understanding Corporate Investigations

Corporate investigations play a key role in today’s business landscape. Employment attorneys assist corporations with internal investigations when there are claims of corporate wrongdoing. Plaintiffs are filing an increasing number of claims against corporations in the current business climate. Internal investigations are essential to allow corporations to obtain the facts, allowing management to curtail issues, if necessary. Reducing liability is the primary goal. In many […]
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