2021 Employment Law Recap Webinar Handouts
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Federal Court Issue Preliminary Injunctions Blocking the Vaccine Mandate for Health Care Workers Nationwide and for Federal Contractors in a Few States
The end of November brought a flurry of vaccine mandate litigation. Two federal courts issued preliminary injunctions blocking the Centers for Medicare and Medicaid Services (“CMS”) mandate and the federal contractor vaccine mandate. CMS Vaccine Mandate Blocked Nationwide CMS had issued an emergency regulation requiring COVID-19 vaccination of eligible staff at health care facilities that participate in the Medicare and…
Why the Uber Lawsuit Regarding the ADA Matters for Your Business
On November 10, 2021, the Justice Department filed a lawsuit against Uber Technologies Inc. (“Uber”) alleging violations of Title III of the Americans with Disabilities Act (“ADA”). The lawsuit, filed in federal court in California, alleges that Uber violated the ADA by failing to modify its wait-time policy. This lawsuit is one of the many ADA Title III lawsuits filed…
OSHA’s Emergency Temporary Standard for COVID-19 Vaccination Policy
The Occupational Safety and Health Administration (OSHA) published an Emergency Temporary Standard (ETS) in the Federal Register on November 5, 2021. The ETS requires companies with 100 or more employees to implement a mandatory COVID-19 vaccination policy or require unvaccinated employees to wear facial coverings in the workplace and undergo weekly COVID-19 testing. On November 6, 2021, the 5th Circuit…
The EEOC, DOL, and NLRB Joint Commission: What is it and What Does it Mean?
The Equal Employment Opportunity Commission (the “EEOC”), the Department of Labor (the “DOL”), and the National Labor Relations Board (the “NLRB”) announced a joint commission tasked with enforcing workplace laws relating to retaliation in the workplace. The Memoranda of Understanding (the “MOU”) between the three federal agencies allows all three agencies to share information and investigate charges that violate multiple…
Combatting the Labor Shortage while Complying with the Fair Labor Standards Act
The United States is currently experiencing a labor shortage unlike ever seen before. Simultaneously, the “Great Resignation” continues. According to the U.S. Bureau of Labor Statistics, 4 million Americans quit their jobs in July 2021 while a record-breaking 10.9 million jobs remained open. These current phenomena lead to employers creating creative strategies to retain workers. However, those creative strategies must…
We’re Growing
Bugbee & Conkle, LLP has a full time opening for an associate attorney. The ideal candidate will have 3+ years’ experience and must be licensed to practice in Ohio. The position will involve representation of employers in employment matters in both court and...
Workplace Violence, Harassment & Retaliation Half-Day Seminar
Workplace violence is any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work place. It ranges from threats and verbal abuse to physical assaults and even homicide. It can affect and involve employees, clients, customers and visitors. Nearly 2 million American workers report having been victims of workplace violence each year.…
In-Person Hearings?
On July 6, 2021, the Industrial Commission of Ohio resumed in-person hearings. Or did it? The Commission’s website contains a link to information about in-person workers’ compensation hearings, but this posting neither constitutes a policy regarding in-person hearings nor does it provide clear guidance to practitioners. Although many parties and representatives have returned to the hearing room, there is little…
COVID-19 Bill Introduced To Create Cause Of Action For Injuries Caused By Mandatory Vaccines
On August 24, 2021, House Bill 401 was introduced which creates a cause of action for injuries and occupational diseases arising from COVID-19 vaccines mandated by employers. The bill amends R.C. 4113, which contains miscellaneous labor law provisions, to define employers and employees, and specifically permit employees to sue employers in common pleas court for damages caused by COVID-19 vaccines. …