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Employer Law Report

Helping employers avoid the storm of legal issues in the workplace

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ADA

Long COVID implications under FMLA and ADAMental health claims on the rise: New normal for disability-related charges?EEOC receiving influx of COVID-19 related claims

Arbitration

House passes bill banning mandatory arbitration agreementsNLRB shift on two important issues for union companiesYour DoorDash arbitration is about to arrive

Business Competition

FTC announces proposed rule prohibiting non-compete agreementsMulti-million dollar high tech settlement of anti-poaching case provides lessons to even much smaller employersIntroducing Porter Wright's newest blog - Antitrust Law Source

Cannabis

The Garden State legalizes marijuana

COBRA

Reminder: Employers must send COBRA Extended Election Notice by May 31, 2021Time to review COBRA compliance

COVID-19

Long COVID implications under FMLA and ADAOhio updates workers’ compensation laws for remote workersMental health claims on the rise: New normal for disability-related charges?

EEO

Caring for caregivers: Understanding caregiver discrimination under federal lawsCOVID-19 detection testing: You shall not pass (unless you pass the test)EEOC updates guidance on addressing health risks of COVID-19 vulnerable employees who do not ask for accommodation

EEOC

Preparing your workplace for new federal protections for pregnant workersUnited States Supreme Court clarifies employer duty to accommodate religious beliefsMental health claims on the rise: New normal for disability-related charges?

Employee Benefits/ERISA

The American Rescue Plan Act: What employers need to knowWage withholding in a remote working environmentDepartment of Labor releases Q&A regarding Families First Coronavirus Response Act and mandatory posters

Employment Class & Collective Actions

Employers should review their parental leave policies in wake of parental leave class action settlementSixth Circuit upholds agreement to arbitrate FLSA claims on individual basisU.S. Supreme Court rules that mandatory, individual arbitration of employment disputes trumps employees’ rights to participate in class action lawsuits

Employment Outtakes

Sixth Circuit decision in EEOC v. AutoZone provides road map to sexual harassment defenseEmployer’s DNA test of employees in defecation investigation results in $2 million verdict for violating GINA while real “Poopetrator” remains on the looseWorkers' compensation and summer outings

Events

Website accessibility case shows big risks to companiesRenovating Your Workplace: Employment Relations Best Practices for HR ProfessionalsJoin us in Columbus on May 19 for a breakfast briefing - "Defining Your Company's Immigration Policy"

Executive Order

Federal contractor vaccine requirements blockedBiden administration extends federal contractor vaccination deadline to Jan. 4 to align with OSHA and CMS deadlinesWhen can an employee in Ohio refuse to return to work and still get unemployment?

FFCRA

The American Rescue Plan Act: What employers need to knowThese new rules look a lot like the old ones: DOL stands firm in response to SDNY decision in its revised FFCRA rulesFederal court muddies waters for employers navigating FFCRA leave issues

FMLA

FMLA and the modern workforcePreparing your workplace for new federal protections for pregnant workersLong COVID implications under FMLA and ADA

Form I-9

New Florida immigration law subjects private employers to E-Verify mandates and penaltiesUSCIS seeks public input on remote preparation of I-9 formsCompleting the Form I-9 when COVID-19 prevents renewal of your employee’s identity document

Immigration

New Florida immigration law subjects private employers to E-Verify mandates and penaltiesH-1B cap registration period opens March 1, 2023Lessons from the IER settlement with Facebook

Labor Relations

State of Ohio continues to examine the remote work debateShot through the heart: Did SCOTUS give strikes a bad name?Consistency matters: When the employer speaks, the employees may answer

Leave Administration

Colorado Supreme Court issues ruling regarding payment of accrued but unused vacation pay at separationEmployers should review their parental leave policies in wake of parental leave class action settlementAre changes coming to the FMLA?

Litigation

Shot through the heart: Did SCOTUS give strikes a bad name?Third Circuit decides employer's tweet was comedic, not coerciveFederal Court holds that private employer’s mandatory vaccination policy is lawful

Ohio Industrial Commission

Ohio Industrial Commission returning to in-person hearings on July 6, 2021

OSHA

OSHA withdraws COVID-19 ETS; But do not count OSHA out entirelySupreme Court shoots down Biden administration COVID-19 vaccine rule: So what’s next?Opponents of OSHA COVID-19 vaccination and testing rule appeal to Supreme Court

Other Articles

FTC announces proposed rule prohibiting non-compete agreementsBiden administration DOL proposes rescinding Trump-era joint employer and independent contractor rulesJoint employer rule, now disjointed

Paid sick leave

Colorado enacts paid sick leave rulesDepartment of Labor releases Q&A regarding Families First Coronavirus Response Act and mandatory postersNew York becomes first state to enact paid sick leave law in response to the COVID-19 pandemic

Pandemic Unemployment Assistance Program

Individual eligibility for Pandemic Unemployment Assistance benefits

Porter Wright News

#MeToo: Looking to best teaching practices for effective trainingPorter Wright offers tailored HR AuditsIs your workplace ready for Fall? Check the Employer Law Forecast

Social Media

How employers can respond to social justice and free speech issues on social mediaEmployees and free speechThird Circuit decides employer's tweet was comedic, not coercive

Title VII

Sexual orientation and transgender status protected under Title VII sex discrimination prohibition

Traps for the Unwary

Employers should review their parental leave policies in wake of parental leave class action settlementCincinnati bars questions about salary historyIs your online application process a risk?

Trending

FMLA and the modern workforceNew Florida immigration law subjects private employers to E-Verify mandates and penaltiesPreparing your workplace for new federal protections for pregnant workers

U.S. Supreme Court

United States Supreme Court clarifies employer duty to accommodate religious beliefsShot through the heart: Did SCOTUS give strikes a bad name?Supreme Court considering granting certiorari in workers’ compensation medical marijuana cases

Unemployment Fraud

ODJFS launches online portal to help employers report claims of unemployment fraud

Wage & Hour

Circuit court upholds rest time regulations for commercial driversExecutive actions to increase pay equity announced in conjunction with Equal Pay DayBiden administration expected to make major changes to labor and employment landscape

Whistleblower lawsuit

Nurse brings COVID-19 whistleblower suit against Northwestern Hospital

Workers' Compensation

Defense to temporary total disability compensation for Ohio employers may be limitedPhiladelphia Eagles lose workers' comp appeal before Super BowlOhio updates workers’ compensation laws for remote workers

Workforce Strategies

FMLA and the modern workforceDefense to temporary total disability compensation for Ohio employers may be limitedQuiet quitting: Why it matters, and what employers can do to increase employee engagement

Workplace discrimination

United States Supreme Court clarifies employer duty to accommodate religious beliefsMental health claims on the rise: New normal for disability-related charges?Caring for caregivers: Understanding caregiver discrimination under federal laws

Workplace harassment

How employers can respond to social justice and free speech issues on social mediaHouse passes bill banning mandatory arbitration agreementsSenate passes #MeToo bill, bringing changes for employment contracts

Workplace Privacy

How employers can respond to social justice and free speech issues on social mediaEmployees and free speechThird Circuit decides employer's tweet was comedic, not coercive

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