As businesses attempt to navigate the post-COVID-19 landscape, one issue of concern is the possibility of claims for alleged exposure to the contagion being filed by both customers and employees. The concerns have been...
Employment Law Letter
Qualified immunity is a judicially created doctrine governmental officials can assert in an effort to shield themselves from certain civil liability as long as they didn't violate an individual's clearly established...
As many states move into later stages of COVID-19 orders, employers have begun to reopen or expand their business operations. With employees returning to work amid varying levels of concern, an increasing number of...
As businesses reopen after the lifting of COVID-19 stay-at-home orders, employers are grasping with how to make their workplaces as safe as possible for their employees. Making the task especially difficult are the...
As businesses reopen, many employers have wondered what type of screening they may or should conduct for employees returning to work. In separate guidance documents, the Equal Employment Opportunity Commission (EEOC) and...
In March 2020, the West Virginia Legislature created a “safe harbor” provision in the West Virginia Wage Payment and Collection Act (WPCA) that, if followed, will allow for an informal resolution to final wage disputes...
Whether to discipline employees for off-duty conduct has always been a sticky issue. As protests and social media posts about social injustice increase, however, employers are examining anew their duties to respond to...
Q Several employees forced to work from home during the pandemic say they prefer it to working in the office and actually feel more productive. Should we be preparing to extend and expand our telecommuting options even...
COVID-19 and the related stay-at-home orders have affected every employer differently. Some were able to shift to a telework model, while others modified their workplace operations or closed their doors completely. But...
The U.S. Supreme Court issued a landmark decision on June 15, holding that Title VII of the Civil Rights Act of 1964, which prohibits discrimination because of “sex,” bars employers from discriminating based on an...
After a black reporter for the Pittsburgh Post-Gazette posted a tweet critical of racial bias in the news media, the employer barred her from covering local protests following the George Floyd killing in Minnesota...
With the COVID-19 outbreak forcing most of us to either shelter in place or severely limit our outside activities, people everywhere are online more than ever. As a result, website accessibility lawsuits under the...
On June 17, the Equal Employment Opportunity Commission (EEOC) issued new guidance concerning the use of COVID-19 antibody testing. Relying on the Centers for Disease Control and Prevention’s (CDC) interim guidelines...
On June 10, the Occupational Safety and Health Administration (OSHA) issued a series of questions and answers about the use of face coverings in the workplace. The guidance, which also clarifies the difference between...
In a landmark 6-3 decision, the U.S. Supreme Court recently ruled the sex discrimination prohibitions in Title VII of the Civil Rights Act of 1964 cover bias based on sexual orientation or transgender status. The opinion...