Not unexpectedly, the federal Occupational Safety and Health Administration (OSHA) officially has withdrawn the Emergency Temporary Standard (ETS) calling for mandatory COVID-19 vaccination or testing by employers of over 100 employees.
Continue Reading OSHA withdraws COVID-19 ETS; But do not count OSHA out entirely

Mike Underwood
Mike Underwood represents employers in all major areas of labor and employment law. His practice includes defending employers in discrimination and wrongful discharge litigation. Mike also represents employers in collective bargaining and arbitration cases. He advises on OSHA, COBRA compliance and affirmative action.
More courts issue injunctions against federal vaccine mandates
Federal vaccine mandate obligations continue to be challenged successfully in the courts. Here is a quick refresher on the federal measures taken recently to require employers to mandate COVID-19 vaccination.
Continue Reading More courts issue injunctions against federal vaccine mandates
OSHA issues emergency temporary standard: Mandates COVID-19 vaccination or testing for companies with over 100 employees company-wide
The Occupational Safety and Health Administration (OSHA) has issued its Emergency Temporary Standard (ETS) mandating certain COVID-19 safety protocols. The ETS answers some of the questions employers have had while waiting for the standard. …
Continue Reading OSHA issues emergency temporary standard: Mandates COVID-19 vaccination or testing for companies with over 100 employees company-wide
‘But they don’t work for us!’ Best practices for handling employee claims of harassment by a customer
Most employers are equipped to respond to employee allegations of harassment by co-workers or managers. However, there are added levels of difficulty when employees complain of harassment by a customer, contractor or other visitor to the business. In Sansone v. Jazz Casino Company, LLC (Sept. 1, 2021), a federal court of appeals recently ruled that an employee of Harrah’s Casino can go to trial on her claims that she was sexually harassed by a customer and that Harrah’s did not take sufficient steps to address her concerns.
Continue Reading ‘But they don’t work for us!’ Best practices for handling employee claims of harassment by a customer
EEOC guidance on vaccine incentives
On May 28, 2021, the Equal Employment Opportunity Commission (EEOC) issued updated guidance on COVID-19 vaccination and discrimination law. Specifically, EEOC stated that employers can offer employees incentives, economic or otherwise, to obtain a COVID-19 vaccination.
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Continue Reading EEOC guidance on vaccine incentives
If the bear is poked, best to be prepared: OSHA and the pandemic
The federal Occupational Safety and Health Administration (OSHA) has been criticized by some for its response to the COVID-19 pandemic. Some labor unions and other interest groups have been vocal about what they perceive as insufficient action by OSHA to address COVID-19-related workplace hazards. The most recent criticism has come from within the federal government.
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Continue Reading If the bear is poked, best to be prepared: OSHA and the pandemic
Paycheck Protection Program loan necessity questionnaire
Borrowers of Paycheck Protection Program (PPP) loans – together with their affiliates – who have loans in excess of $2 million and seek loan forgiveness will potentially need to complete necessity questionnaires according to the Small Business Administration. There are separate forms for for-profit and non-profit businesses and will likely affect 52,000 borrowers.
My colleagues…
Wage withholding in a remote working environment
Employers generally must withhold income taxes on behalf of employees based on where the employee works. Typically this determination is simplified by the location of the employer’s offices. The COVID-19 pandemic and corresponding stay-at-home orders have altered the working situations for most Americans. Only time will tell what things will look like moving forward. Employers…
Pandemic is time to revisit website and other tech accessibility
Have you ever made online purchases as frequently as you have in recent months? Have you ever had so many employees working remotely? The pandemic-related surge in consumer reliance on online purchases, with a workforce serving those customers remotely, makes website accessibility for disabled persons an increasingly high-profile issue.
Continue Reading Pandemic is time to revisit website and other tech accessibility
Time to review COBRA compliance
COBRA compliance is an area that, for many employers, is on auto-pilot. Many employers rely on outside consultants to administer COBRA and need not put much focus on COBRA time limits for electing and paying for coverage. One of the many ripples from the COVID-19 pandemic is a need to check on your method for COBRA compliance. The economic crunch from the pandemic has resulted in layoffs, furloughs, and terminations, many of which were COBRA-triggering events.
Continue Reading Time to review COBRA compliance