EverythingPeople This Week!

As reported a couple of weeks ago in EPTW, the fines and penalties for breach of employer safety obligations surrounding COVID contagion continues to ramp up. Late last week fines by MIOSHA against 19 more employers were announced. These fines amounted to over $50,000 for infractions including:

Last week a New York district court judge found the U.S. Department of Labor (DOL) rules limiting when businesses that use other businesses’ workers (vertical) may also be sued by the workers if a wage and hour (FLSA) violation is alleged.

When employees, especially sales people, have access to various electronic devices, databases, and documents from an organization, at what point does a company have a right under the federal Computer Fraud and Abuse Act (CFAA) to bring a case against an exiting employee for computer fraud? 

Reasonable suspicion drug testing can be a challenge for employers, especially with so many states making recreational marijuana legal. Whether you have a current drug testing program or if you are new to drug testing, make sure that you have a clear, documented policy on your drug testing program that includes reasonable suspicion procedures. If you are subject to federally regulated drug testing, make sure you follow the steps as required by the federal agency under which you are covered.

The Bostock decision on LGBTQ rights under Title VII of the 1964 Civil Rights Act was a civil rights victory long coming.  From the American perception of same sex marriage to LGBTQ rights, the country took a mighty swing to a new direction since the 1990s when the Defense of Marriage Act was enacted by Congress under the Clinton Administration.  The decision itself was groundbreaking in that it was a 6-3 decision with two of the “conservative” justices voting with the...

The U.S. Department of Labor issued three new FAQs concerning when FFCRA applies to school openings this fall.  Previously, the DOL covered school closings in March, and there was much uncertainty as to how school openings would be treated under the FFCRA.  

In last week’s EPTW, we reported that MIOSHA had substantially fined a number of employers for failing to adequately protect employees from COVID exposure or infection. These fines were levied under MIOSHA’s general duty rule requiring employers to maintain a safe workplace.

There has been a lot of press in the last few years about the steps employers must follow before obtaining a background check on an employee or applicant. While there is no doubt that it is very important for employers to obtain completed FCRA compliant Authorization and Disclosure forms, the employer obligations do not stop there.

The other shoe is dropping on employers fighting to re-open and bring employees back to work. Six Michigan employers were recently fined for violation of OSHA/MIOSHA’s general duty requirement to provide a safe workplace.

The short answer is yes.  The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) and the Equal Employment Opportunity Commission (EEOC) both support this position.  

Last week EPTW reported on the National Labor Relations Board (NLRB) walking back its Browning Ferris decision and loosening criteria determining when one employer can be found to be the employer of its vendor’s employees.

The FFCRA applies to U.S. employers with fewer than 500 employees.   Last week a district federal court in New York overturned some provisions of the interim FFCRA rules.  These interim rules for the FFCRA were written quickly, within two weeks of the law.  However, these rules have a shelf life of 12/31/20, but given the uncertainty of the COVID-19 vaccinations, it may be extended into another year.  In the meantime, employers that are covered under these rules need...

One of the most controversial decisions of the Obama era National Labor Relations Board (NLRB) was its 2015 decision finding Browning-Ferris who used subcontracted workers (not their direct employees) was in fact a joint employer with its contractors.

While most of the world has been wrapped up on all things COVID related, there is still work going on regarding background check laws. From December 2019 until as recently as July 1, 2020, new ban the box laws have been enacted.

The current National Labor Relations Board (NLRB) continues to clean up the previous Board’s unrealistic rulings by issuing a new decision again limiting employee protections when verbally abusing their bosses.