October 2021 E-Update

Even though the amount of time it takes to turn on the computer and launch software before officially starting work may be minimal, the U.S. Court of Appeals for the Tenth Circuit warned that it may still be compensable time under the Fair Labor Standards Act. In Peterson v. Nelnet […]

Even where the disability is the reason the employee cannot meet that standard, as the U.S. Court of Appeals for the Sixth Circuit explained. In Lockhart v. Marietta City Schools, a public school teacher engaged in inappropriate conversations about a religious experience that she had with students, both during and […]

Although the fact of an employee’s complaint of discrimination may be protected under Title VII, the manner of the complaint may not be, as the U.S. Court of Appeals for the First Circuit recently held. In Jenkins v. Housing Court Dept., the employee complained of discrimination and other issues by […]

Click here to view entire E-Update as a PDF RECENT DEVELOPMENTS Beyond Religious Accommodations – What Else Is New In The EEOC’s COVID-19 Vaccine Guidance! The Equal Employment Opportunity Commission updated its guidance document, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws, […]

The issue of whether “Players” are employees of an academic institution has taken another turn, with the GC of the National Labor Relations Board asserting in a memo that they are. (General Counsel Jennifer Abruzzo characterizes the term “student-athlete” as being intended to deprive those individuals of workplace protections). Over […]

The Occupational Safety and Health Administration has issued an advance notice of proposed rulemaking on Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. In its notice, OSHA poses over 100 questions to obtain “additional information about the extent and nature of hazardous heat in the workplace and […]

Many employers and employees alike believe that the Privacy Rule of the Health Insurance Portability and Accountability Act (HIPAA) protects the employee’s vaccination information. It does not. In fact, the Privacy Rule does not apply to employee medical information in the employment context, as the U.S. Department of Health and […]