Articles and Blogs

As we previously discussed here (“EEOC Provides COVID-19 Guidance Via Webinar (Part I of II)”), here (“EEOC Provides COVID-19 Guidance Via Webinar (Part II)”) and here (“EEOC Updates COVID-19 Technical Assistance”), the Equal Employment Opportunity Commission (“EEOC”) has previously addressed several employment practice concerns throughout the ongoing COVID-19 pandemic. Earlier this fall, the EEOC released... READ MORE

It turns out that the mail-in voting debate extends beyond the 2020 presidential election. In particular, and as you may recall based on our previous post, union elections around the nation have been ripe for controversy in the mail-in voting discussion during the COVID-19 pandemic. The National Labor Relations Board (“NLRB” or the “Board”)... READ MORE

Michigan recently joined a chorus of states adopting protections for businesses and governmental agencies related to COVID-19 exposures and adding protections and requirements for employees. On October 22, 2020, Michigan Governor, Gretchen Whitmer, signed three new pieces of legislation. Health care organizations will particularly take note because many of their employees have no work-from-home... READ MORE

With Election Day just around the corner, employers will want to consider their local and state rules regarding whether employees are entitled to time off to vote. While there is no federal law requiring that an employer provide leave to its employees, there are a multitude of state laws – that vary with great... READ MORE

An Ohio federal court recently found that a hospital did not discriminate against a 73-year-old surgeon when it required the surgeon to undergo neuropsychological and physical exams after an unfortunate patient death. Additionally, the court found the hospital did not discriminate against the surgeon and instead was practicing due diligence with patient safety when... READ MORE

While the ravages of COVID-19 turned the nation’s attention away from the opioid addiction crisis, the number of opioid overdose deaths has surged during the pandemic. Recognizing that the social and emotional consequences of the pandemic will likely increase the workplace impact of opioid use and co-morbid health conditions, the Equal Employment Opportunity Commission... READ MORE

On October 6, 2020, the U.S. Department of Homeland Security (“DHS”) announced the Interim Final Rule entitled “Strengthening the H-1B Nonimmigrant Visa Classification Program,” and the U.S. Department of Labor (“DOL”) announced the Interim Final Rule “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States,” which together... READ MORE

Before the pandemic, it had long been understood that, in most cases, employers may validly view reporting to work as an essential job function. That is now a much more questionable proposition. Now that many industries have abruptly shifted towards a work‑from‑home norm, it is arguable that reporting to work can no longer be... READ MORE

Last month, the U.S. Court of Appeals for the Seventh Circuit[1] in Demkovich v. St. Andrew the Apostle Parish[2] declined to establish a blanket rule extending the “ministerial exception” beyond tangible employment decisions to claims of a hostile work environment asserted by ministerial employees. The court observed that while the First Amendment protected religious... READ MORE

With the school year beginning and many schools opting to reopen with an alternative format due to COVID-19, the Wage and Hour Division of the Department of Labor (“DOL”) released new frequently asked questions (“FAQs”) aimed at clarifying paid leave under the Emergency Paid Sick Leave and Expanded Family and Medical leave portions of... READ MORE