KMK Law Management Rights Blog

Avoiding illegal conduct is always a good strategy for avoiding employment litigation.  However, there are many legal things that employers and managers do that can also lead to litigation.

In this new podcast episode, recent cases and news from the world of Labor & Employment Law will be discussed, including:

Transgender Employee Issues: Two new cases from Illinois involve claims of discrimination by transgender employees.  In Hobby Lobby v. Sommerville, an employee was denied access to the women’s restroom and in Todd v. JB for Governor, a campaign worked claims that she was included in a reduction in force because of transphobic bias.

Religious Discrimination: In Rivas v. Caesar Enterprise Services, a casino employee was terminated for refusing to work on her ...

In this new podcast episode, recent cases and news from the world of Labor & Employment Law will be discussed, including:

COVID-19 and Masks: The CDC has issued new guidance for vaccinated individuals - what does this mean for employers? 

The CDC COVID-19 Tracker is here: https://covid.cdc.gov/covid-data-tracker/#county-view

Mandatory Vaccination Policies: The U.S. Department of Justice has issued an opinion on the meaning of the Emergency Use Authorization status of COVID-19 vaccines, which has formed the basis for some challenges to employers’ mandatory vaccination ...

In this new podcast episode, recent cases and news from the world of Labor & Employment Law will be discussed, including:

Marijuana – Virginia has joined a growing number of states legalizing marijuana despite the fact that it remains illegal under federal law. The new Virginia law includes protections for employees who have a prescription for cannabis oil but not for other use. Such employees cannot be subjected to adverse action for a positive drug test. Many other states, including Ohio, expressly allow employers to take adverse action even where the employees use is legal ...

The third and final episode in the podcast mini-series - Termination Done Right - covers additional steps for employers to consider taking to minimize the damage in the event there is litigation over a termination decision.

Nearly a month after the U.S. Centers for Disease Control and Prevention recommended that fully vaccinated individuals no longer had to wear masks to combat COVID-19, the Occupational Safety and Health Administration has announced its long awaited updated guidance on protecting workers. President Biden issued an executive order in January directing OSHA to pursue a clearer standard for COVID-19. The standard announced today applies only to the health-care industry. A copy of the new rule can be found here on OSHA’s website, with a summary available here.

Many employers are using or considering using smartphone apps for their employees.  In such cases, employees download an app that can be used for a variety of purposes, including employee engagement, communication, work assignments, route and delivery information and more. 

In a surprise move on Friday, May 14, the CDC issued new guidance indicating that individuals who have been fully vaccinated no longer need to wear masks or social distance in most settings.  Several states and municipalities, including Ohio, have quickly adopted the CDC’s new approach and more are likely to follow.  This has left employers with a lot of questions, including:

• Can I continue to require masks?
• If I no longer require masks for vaccinated employees, can I ask who has been vaccinated?
• Can I or should I verify the vaccination status of employees?
• What issues might come up when I ...

In this new podcast episode, recent cases and news from the world of Labor & Employment Law will be discussed, including:

Age discrimination - in Seiple v. Cracker Barrel Old Country Store, an employee brought an age discrimination claim and the court focused on inconsistencies between the employer’s position and the record evidence. 

Retaliation - in Scalia v. F.W. Webb Co., an employer was accused of retaliation for sending emails to employees asking about their participation in a Department of Labor investigation.

New DOL Guidance on Pandemic Related Issues - On April 26, 2021 ...

The second episode in the podcast mini-series - Termination Done Right - covers proactive steps for employers to take in connection with terminations.  These steps will help employers in the event there is litigation over a termination decision.  Steps include:

Reviewing Policies Related to Termination -  Employers should ensure that their policies provide them with sufficient discretion to terminate employees at will without requiring multi-step discipline.  Also, policies should be periodically reviewed for consistency.

Conducting Effective Investigations Before ...