Most HR professionals are aware that Title VII prohibits religious discrimination. And many know that employers covered by Title VII are required to affirmatively accommodate sincerely held religious beliefs or practices so long as doing so does not impose an undue hardship. Even so, until recently, most employers had little experience evaluating requests for religious …read more »
Five Reminders for Employers (Re)Considering COVID-19 Vaccine Mandates
Since the onset of the COVID-19 pandemic, I’ve spent substantial time discussing workplace vaccine mandates with employers. Even before vaccines were available, employers were interested in mandates as a tool to ensure safe working conditions. But even as recently as a month ago, many employers outside of healthcare settings continued to feel uncomfortable about the …read more »
Four Things Employers Should Know About Workplace Masking and Social Distancing Rules and Employees Fully Vaccinated for COVID-19
On May 13, 2021, the Centers for Disease Control and Prevention announced that persons fully vaccinated against COVID-19 could resume activities that they did prior to the pandemic without masking or social distancing. I was in the car, headed back to the office after lunch, when I heard the news, which I found simultaneously exciting …read more »
Five Reminders for Employers Preparing for Severe Weather in the Midst of a Global Pandemic
Who could have predicted, as recently as January, that our year would bring us not only an unprecedented global health pandemic but also a busy hurricane season? Yet, here we are, in August 2020, doing our best to stop the spread of COVID-19 while, at least in Houston and the surrounding areas, preparing for Hurricane …read more »
COVID-19 Related Agency Action in July 2020 – DOL, OSHA, DHS, and IRS Issue New Guidance
July 2020 has been another busy month for the federal and state agencies that regulate employment in addressing COVID-19. The following briefly summarizes some of the most recently-published agency guidance and other resources available to assist employers in navigating the ongoing pandemic in their workplace. These materials include new guidance from the DOL on unemployment …read more »
Practical Advice for Employers Responding to COVID-19 Contact Tracers
In mid-April 2020, which in the age of COVID-19 feels like eons ago, President Trump announced his Opening Up America Again plan, designed to restart the U.S. economy by encouraging state and local governments to lift stay-at-home restrictions put in place to slow the spread of COVID-19. And many state and local governments followed the …read more »
EEOC and OSHA Answer Important Questions Regarding Workplace Reopenings
The EEOC continues to periodically update its technical assistance document entitled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” with the latest updates made on June 17, 2020. The same day, OSHA released its “Guidance on Returning to Work,” which makes new recommendations in addition to what …read more »
Before Implementing a Layoff, Consider an Unemployment Workshare Program
As employers begin to plan for their employees’ return to work, many are unable to maintain the size of their workforces in light of the ongoing economic downturn. As they plan for layoffs or long-term furloughs, employers should also be aware of the possibility of an unemployment workshare program. The main difference between a layoff …read more »
As States Begin to Reopen, Employers Must Continue to Minimize Safety Risks
Texas, like many states, is allowing more businesses to reopen and at greater capacities as it moves into Phase II of its COVID-19 pandemic response plan. See Executive Order GA-23, available at https://gov.texas.gov/uploads/files/press/EO-GA-23_phase_two_expanding_opening_COVID-19.pdf. This is good news for business and the economy, but also presents several unique challenges as employers must continue to ensure the …read more »
Understand the WARN Act’s Oft-Misunderstood “Unforeseeable Business Circumstance” Defense and its Potential Applicability to Your Layoffs
As the novel Coronavirus, COVID-19, continues to impact employees and employers alike, employers must make difficult decisions to protect their businesses. The United States is facing what some predict to be the worst economic downturn since the Great Depression. Many employers are finding it necessary to reduce their workforce to stay afloat. The federal Worker …read more »