On November 22, 2022, a Virginia Walmart employee reportedly opened fire in a staff break room, killing six co-workers and injuring several others. On January 23, 2023, a California mushroom farm employee shot and killed seven people at two locations, one of which was his place of employment. These tragedies are just two examples of
Congress Enacts New Protections for Pregnant and Nursing Employees
As part of its $1.7 trillion end-of-year spending bill, Congress passed two laws that provide new rights and protections for pregnant workers and nursing mothers – the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). Summaries of each law are provided below.
PWFA
Modeled after the
Supreme Court to Address Workplace Vaccine Mandates Today
Did the federal government overreach when it issued emergency rules forcing employers to impose vaccine mandates? The United States Supreme Court will take up that important question today when it examines emergency COVID-19 vaccine rules issued by the Occupational Safety and Health Administration and the Centers for Medicare & Medicaid Services.
The Supreme Court
Ohio BWC’s Last Dividend Checks of 2020 Arrive Just in Time for the Holidays
In November, the Ohio BWC approved Governor DeWine’s request to send another $5 billion in dividends to Ohio employers. The dividend payments come in the form of paper checks, which the state began mailing out to employers on December 10, 2020, or as credits to employers’ accounts for those employers with outstanding balances owed to
Employers May Not Require Back-To-Work Antibody Tests of Employees
On June 17, 2020, the Equal Employment Opportunity Commission (EEOC) updated its Technical Assistance Questions and Answers to clarify that employers may not require COVID-19 antibody testing before permitting employees to re-enter the workplace. Antibody tests can show whether the subject had a past infection or has recovered from the virus that causes COVID-19. Currently,
Pennsylvania Supreme Court Holds That Employers Have a Duty to Protect Employee Personal Identification Information from Cybersecurity Breaches
In today’s day and age, it is widely understood that no one is safe from a data breach. If you have been so fortunate as to escape fraudulent credit card purchases, data security breaches, or having your entire identity stolen, cybersecurity experts will tell you that is no longer a matter of “if,” but “when”
Cannabis Cultivator Prevails in Landmark Civil RICO Trial
Last week, a closely-watched trial involving a Colorado cannabis cultivator sued by a neighbor ended with a jury finding in the cultivator’s favor. In Reilly v. 6480 Pickney, LLC, the Reillys complained that their property’s value had decreased due to odor emitted from the cultivator’s property (an unfortunate, if not new
OSHA Clarifies Its Position Regarding Post-Incident Drug Testing and Safety Incentive Programs
On October 11, 2018, the Occupational Health and Safety Administration (OSHA) issued a memorandum clarifying its position regarding safety incentive programs and post-incident drug testing.
Two years ago, in October 2016, OSHA issued a memorandum that prohibited drug testing employees who reported injuries or illness unless there was an “objectively reasonable basis” for doing so.
Employers: Have You Updated Your Fair Credit Reporting Act Forms?
Under new federal regulations effective September 21, 2018, employers must now issue updated “Summary of Your Rights” forms mandated by the Fair Credit Reporting Act. In May 2018, Congress responded to several, high-profile data breaches by passing the Economic Growth, Regulatory Relief and Consumer Protection Act (“Act”). The Act adds new language to the Summary
NLRB Proposed Change of Joint-Employer Standard
The National Labor Relations Board (the “Board”) announced today that it will publish a notice of proposed rulemaking tomorrow in the Federal Register regarding its joint employer standard. The Board indicated that its proposed rulemaking would foster “predictability, consistency and stability in the determination of joint employer status.” The Board indicated that an employer could