Labor and Employment Law | Blog for Business Law

— By Gerry RichardsonAugust 17, 20210 Comments

COVID-19 Delta Variant Causes The CDC and OSHA To Update Their Guidance

1. Both Vaccinated and Unvaccinated Workers Should Wear Masks in the Public Areas of Indoor Workplaces. The Center for Disease Control and Prevention (“CDC”) updated its Covid-19 guidance on July 27, 2021, (https://www.cdc.gov/coronavirus/2019-ncov/vaccines/fully-vaccinated-guidance.html ) adding a recommendation for fully vaccinated persons in addition to unvaccinated…

— By Gerry RichardsonJune 18, 20210 Comments

OSHA Updates Its Covid-19 Workplace Guidelines For Non-Healthcare Employers In View Of The CDC’ S Interim Recommendations For Fully Vaccinated Persons

The development of effective vaccinations for Covid-19 has created a new challenge for employers.

— By Gerry RichardsonJune 1, 20210 Comments

How Does The CDC’s New Guidance Eliminating Mask Wearing and Social Distancing For Most Fully Vaccinated Persons Affect The Need For Employers To Require Employees To Wear Masks And Socially Distance In The Workplace?

The Covid-19 pandemic has evolved to the point where effective vaccinations have lessened the need for universal mask wearing. Most view this development as reason for optimism that the pandemic will end or, at least, continue only at a manageable level with marginal impact on workplaces. The CDC’s new guidance exempting fully vaccinated persons from wearing masks either indoors or outdoors in most circumstances offers employers the opportunity to adjust their workplace Covid-19 related policies.

— By Gerry RichardsonApril 26, 20210 Comments

Employers May Claim Tax Credits To Fund PTO Granted To Employees To Get Vaccinated & Those That Only Encourage Vaccinations Need Not Report Vaccination Related Illnesses On An OSHA Form 300

As more workplaces reopen and Covid-19 vaccinations become available to everyone over the age of 16 years, employers must decide whether to establish mandatory or voluntary vaccination policies. See “What Questions Do Employers Need To Ask About Covid-19 Vaccinations?” A recent poll conducted by the…

— By Gerry RichardsonMarch 29, 20210 Comments

OSHA Announces New Workplace Covid-19 Enforcement Actions

Shortly after taking office, President Biden directed the Occupational Safety and Health Administration (“OSHA”) to increase its enforcement by “launch[ing] a national program to focus OSHA Covid-19 related enforcement activities.” Specifically, he adopted an executive order that instructed OSHA to initiate “a national program to…

— By Gerry RichardsonJuly 31, 20200 Comments

HOW DOES THE LAW REGULATE MASS LAYOFFS AND PLANT CLOSINGS?

Recently, the Commerce Department disclosed the most devastating three-month collapse of the U.S. economy ever. In the second quarter of 2020, the gross domestic product fell by 9.5%. The effects of the coronavirus pandemic reached throughout the economy. Consumers cut their spending. Businesses reduced their…

— By Gerry RichardsonApril 2, 20200 Comments

HOW DOES THE COLLISION OF THE COVID-19 PANDEMIC WITH WORKPLACES POSE SAFETY ISSUES FOR EMPLOYERS?

The Occupational Safety and Health Act (“OSH Act”), requires employers to satisfy the safety and health standards and regulations issued and enforced either by the Occupational Safety and Health Administration (“OSHA”) or by an OSHA-approved State Plan. In addition, the OSH Act’s General Duty Clause,…

— By Gerry RichardsonMarch 20, 20200 Comments

COVID-19 DISRUPTS WORKPLACES AND CONFRONTS EMPLOYERS WITH COMPLICATED LABOR AND EMPLOYMENT LAW ISSUES

The COVID-19 Pandemic has forced employers to face public health, customer service, workforce, travel, and business disruptions in constantly evolving circumstances. Many of the decisions that employers must make on-the-fly create unintended consequences with serious labor and employment law liability issues. This blog will address employment discrimination and leave law-related issues raised by the Covid-19 pandemic.

— By Gerry RichardsonDecember 19, 20190 Comments

ILLINOIS LAW LEGALIZING CANNABIS FOR ADULTS IN THE NEW YEAR MAKES EMPLOYER DRUG TESTING AND DISCIPLINARY ACTION FOR WORKPLACE MARIJUANA USE HAZY

I. Illinois’ New Law Legalizing Cannabis for Adults Authorizes Employers to Maintain Zero Tolerance or Drug Free Workplace Policies and to Conduct Drug Testing. The Illinois General Assembly enacted the Cannabis Regulation and Tax Act (“Cannabis Act”) on May 31, 2019. Governor J.B. Pritzker signed…

— By Gerry RichardsonNovember 26, 20190 Comments

EMPLOYERS MUST ACT NOW TO IMPLEMENT THE DEPARTMENT OF LABOR’S FINAL RULE UPDATING THE MINIMUM SALARY FOR WHITE COLLAR MINIMUM WAGE AND OVERTIME EXEMPTIONS BY THE NEW YEAR

A. The Department of Labor Issued Its Final Rule on September 24, 2019. The Department of Labor (“Department”) issued a final rule revising the regulations interpreting the Fair Labor Standards Act (“FLSA” or “Act”) on September 24, 2019. They set new and higher thresholds for…