The Covid-19 Delta variant has put a big crimp in pandemic recovery, and driven many employers to require employees to get vaccinated. To the extent reasonably possible, employers must accommodate those who can’t be vaccinated for medical reasons, and those who won’t for religious reasons, but the bottom line may often come down to jab versus job. Is that legal? The answer, pretty much, is yes, at least in most states. The Equal Employment … [Read more...]
LGBTQ and Religious Freedom in the Workplace
Just over a year ago, on June 15, 2020, the U.S. Supreme Court handed down a decision making it unequivocally clear that under federal law employers cannot discriminate based on the sexual orientation or transgender status of an employee or prospective employee. It is impossible, Justice Gorsuch wrote in Bostock v. Clayton County, “to discriminate against a person for being homosexual or transgender without discriminating against that … [Read more...]
COVID and the Law- Can Employers Escape Liability by Claiming They Were Working for the Government
At least six workers at the Tyson Foods pork processing plant in Waterloo, Iowa died from COVID, and eventually Tyson shut the plant down. Last year surviving family members of four of the workers sued the plant managers and the company in Iowa state court, claiming that the defendants were negligent in failing to develop and implement adequate safety measures at the facility. The plaintiffs further claimed that the company lied to them about … [Read more...]
COVID-19 and Severance Payments
If you work for a company that employs at least 100 people, and you lose your job because of a plant closing or a “mass layoff” (one third of the workforce or a big enough number of people), you could be entitled to up to 60 days’ notice or 60 days’ pay in lieu of notice. That’s what’s required under the federal Worker Adjustment and Retraining Notification (“WARN”) Act. Seems pretty simple and straightforward, but as with most laws, the devil … [Read more...]
COVID-19 and Employment Law- What’s Changed and What Hasn’t
More than half a year has passed since COVID 19 came to America and changed so much about our lives, and courts already have seen hundreds if not thousands of cases related to the disease. To date, however, while legislation has addressed things like paycheck protection, enhanced unemployment benefits, and COVID-related time off, courts have issued only a few rulings on some of the most important employment law issues raised by the disease. … [Read more...]
