With the roll-out of the COVID-19 vaccine for mass consumption, we hypothesized in our piece titled “Can Employers Make Employees Get the COVID-19 Vaccine,” that employers would be able to require employees to get the vaccine subject to limited restrictions. We further noted that our guess was based on the Equal Opportunity Employment Commission’s (EEOC) …
Election Day Leave Policies – What Employers Need to Know Before November 3
Even though it happens every four-years, it still tends to dominate the media, culture, and watercooler. We are, of course, talking about the presidential election. Election Day is Tuesday, November 3, but citizens have been voting in some states since late September. As the airwaves become inundated with political ads, telephones get overwhelmed with robocalls, …
Continue reading “Election Day Leave Policies – What Employers Need to Know Before November 3”
The USCIS Budget Crisis and Its Potential Impact on the U.S. Immigration System
U.S. Citizenship and Immigration Services (“USCIS”) recently cancelled its plan to furlough over two-thirds, or 13,400 of its 20,000 employees. The furlough was expected to cause USCIS to all but stop processing immigration benefits, creating a crisis for the U.S. immigration system. While this is welcome news, USCIS has also announced that it will be …
Continue reading “The USCIS Budget Crisis and Its Potential Impact on the U.S. Immigration System”
U.S. Supreme Court Extends Title VII Protections to LGBTQ Employees
On June 15, 2020, the United States Supreme Court, in the case of Bostock v. Clayton County, Georgia, affirmatively answered the long-awaited question of whether Title VII of the Civil Rights Act of 1964 (“Title VII”) protection extends to LGBTQ employees. In a 6-3 decision, the court held that an employer who terminates an employee …
Continue reading “U.S. Supreme Court Extends Title VII Protections to LGBTQ Employees”
Preparing for the Worst: Issues in Employment Law for Re-Opening Businesses
Businesses are gradually starting to re-open around the United States. While the past months have been unprecedented and created numerous challenges for employers, it is important to remember that employment laws generally do not have any exceptions for pandemics. For example, even though older persons appear to be more susceptible to COVID-19, employers may not …
Continue reading “Preparing for the Worst: Issues in Employment Law for Re-Opening Businesses”
DHS Announces Remote I-9 Completion and Suspension of Audit Responses due to COVID-19
With all of the dark news surrounding COVID-19, the Department of Homeland Security (DHS) deserves a “thank you” from employers for their logical announcement related to Form I-9 compliance issues on March 20. The main points in the announcement are outlined below: Remote Completion of Section 2 of Form I-9 For completion of Section 2 …
2020 HR Check List for Ontario Employers
Now that January is over and with it many of your New Year’s Resolutions, here is an HR Check List that employers should resolve to consider: Ontario employers are required by law to have the following workplace policies: an Accessibility Policy; a Pay Equity Plan (employers with 10 or more employees); a Workplace Health and …
Employers Should Be Aware of Where They Advertise – Social Media Platforms are Being Scrutinized
The internet age has opened up seemingly countless digital platforms for employers and employees to use in seeking to fill, and applying for, open positions. Many employers use Indeed, Quikr, CareerBuilder, Glass Door, LinkedIn – the names are endless – to post jobs and look for employment candidates. Given the prevalence of such platforms, the …
The Sixth Circuit Rules on What Constitutes “Similarly Situated”
On November 13, 2019, the United States Court of Appeals for the Sixth Circuit issued a recommended for full-text publication opinion that analyzed and decided the concept of what it means to be “similarly situated” in the context of proving a prima facie case of discrimination. In Johnson v. Ohio Department of Public Safety, the …
Continue reading “The Sixth Circuit Rules on What Constitutes “Similarly Situated””
Keepin’ It Real: Wage and Hour Issues in the Reality TV Industry
In September 2014, four reality TV participants on the show Texas Car Wars sued the network Megalomedia for violating the Fair Labor Standards Act (“FLSA”) alleging that Megalomedia did not pay them in full for their time on the show. According to the participants, film shoots regularly exceeded 40 hours per week and participants were …
Continue reading “Keepin’ It Real: Wage and Hour Issues in the Reality TV Industry”