A temporary COVID-19 rule issued by the Oregon Occupational Safety and Health Administration (OSHA) creates new requirements for employers in the state. General requirements Oregon OSHA has issued a temporary rule in...
Employment Law Letter
Recent days have brought encouraging news about the development of COVID-19 vaccines. The prospect of vaccines being available in early 2021 has caused employers to begin considering whether they will require employees...
Believe it or not, 2020 is nearly over. (Good riddance, right?) While the average Oklahoma workplace continues to look and function differently than ever before, some things never change. One day it may be nearly 70...
Elections for union representation have long been conducted in-person and with manual ballots. The National Labor Relations Board (NLRB) has a strong preference for in-person representation elections. The COVID-19...
An employer could lawfully terminate an employee who used a racial slur on Facebook, the U.S. 6th Circuit Court of Appeals (whose rulings cover all Ohio employers) recently concluded after applying a test that balances a...
Q Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), can a police officer’s probationary period be extended for the amount she is on military leave? This also would cause her performance...
Door-to-door solicitors weren’t subject to the “outside salesperson” exemption under the Fair Labor Standards Act (FLSA), the U.S. 6th Circuit Court of Appeals (which covers Michigan and Ohio, as well as Kentucky and...
From the rapid shutdown of the workplace, to the gradual return to the office, to the day-by-day challenges of coping with stress and dealing with guidance updates, COVID-19 has certainly kept me on my toes. Here are...
The employment law landscape has undergone massive shifts in 2020. Here are some thoughts on the big picture and what employers may be able to learn from the embattled year of COVID-19, economic stress, and racial...
Because of the COVID-19 pandemic, employers have been struggling with furloughs and layoffs and trying to understand their new obligations to provide some form of paid leave for coronavirus-related absences. In such an...
An employee alleged her employer discriminated and retaliated against her by transferring her to a similar position, but the U.S. 4th Circuit Court of Appeals (whose rulings apply to all North Carolina employers)...
The Appellate Division, Fourth Department of the New York State Supreme Court recently held an employee could be compelled to arbitrate all issues relating to his employment, including the interpretation of a clause that...
At the beginning of the pandemic, most experts felt the COVID-19- damaged economy wouldn't fully recover until 70 percent or so of the population was vaccinated or had otherwise achieved herd immunity. So, an...
A "whistleblower" is generally considered to be an employee who reports conduct by her employer that is illegal, unsafe, or fraudulent. Under New York Labor Law § 740, New York Civil Service Law 75-b, and various federal...
Q Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), can a police officer's probationary period be extended for the amount of time she is on military leave? This also would cause her...