Expert Compliance Insights & Tips for Businesses
The 8 Most Critical Steps in a Workplace Harassment Investigation
December 29, 2021
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How well an employer conducts a workplace harassment investigation can impact an employee’s confidence in reporting such incidents. Additionally, it can affect confidence in the workplace, as well as their overall mental health. Moreover, a 2019 survey by HR Acuity found that 85% of workers surveyed expressed reserve about reporting incidents. Specifically, respondents lacked confidence that wo...
Sixth Circuit Lifts Stay on OSHA’s Vaccination and Testing Standard
December 21, 2021
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On December 17th, 2021, the United States Court of Appeals for the Sixth Circuit lifted the stay on the Occupational Safety and Health Administration’s (OSHA) vaccination and testing standard. Effectively, the decision allows OSHA to reimplement the emergency temporary standard (ETS). In brief, covered employers may choose to ensure that employees are vaccinated against the coronavirus or under...
ICE Extends Form I-9 Compliance Flexibility
December 21, 2021
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On December 15th, 2021, U.S. Immigration and Customs Enforcement (ICE) extended its Form I-9 compliance flexibility first granted last year. The announcement follows the Department of Homeland Security’s (DHS) continued precautions related to COVID-19. Specifically, this flexibility affects rules requiring physical document inspections. Namely, it relates to workers hired on or after April 1st,...
EEOC Guidance Clarifies When COVID-19 Qualifies as a Disability
December 21, 2021
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Many employees and employers have asked when COVID-19 qualifies as a disability under Title I of the Americans with Disabilities Act (ADA). On December 14th, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) updated its COVID-19 guidance to answer that question. In particular, the new section covers COVID-19 related impairments, qualifications for the disability, and related employe...
December 14, 2021
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California, New York Both Issue Indoor Mask Protocols
Both California and New York State (NYS) have issued indoor mask protocols in response to increases in coronavirus cases since Thanksgiving. The mandate NYS Governor Kathy Hochul announced on December 10th, 2021, is now in effect as of December 13. The NYS announcement came as the state addresses a winter surge that brought an increase in coronavirus cases. Correspondingly, California’s mandate...
December 14, 2021
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Federal Court Upholds Salary Negotiation Defense as “Factor Other Than Sex”
On December 2nd, 2021, Judge Lawrence E. Kahn of the U.S. District Court Northern District of New York (Court) upheld an employer’s salary negotiation defense, which stated that the negotiations constituted a “factor other than sex” that excused waged disparities. Earlier, the Equal Employment Opportunity Commission (EEOC) had asked the court to reject this defense. Ultimately, the Court determ...
Georgia Court Blocks Federal Contractor Vaccine Mandate Nationwide
December 14, 2021
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On December 7th, 2021, a federal judge for the U.S. District Court in Southern Georgia blocked the federal contractor vaccine mandate nationwide. Previously, a U.S. District Court in Kentucky blocked the vaccine mandate, as it related to covered contracts, in only three states: Ohio, Tennessee, and Kentucky. However, the involvement of the nationwide trade association, Associated Builders and C...
December 7, 2021
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COVID Vaccine Mandate Faces Legal Challenges
Over the past week, multiple legal decisions regarding the COVID-19 vaccination mandate occurred. Markedly, information involving the private employer mandate, health care staff mandate, and federal contractor mandate was either updated or clarified. The Equal Employment Opportunity Commission (EEOC) updated COVID-19 guidance in mid-November to emphasize its stance on the importance of vaccinat...
December 7, 2021
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NYC Expands Vaccine Mandate Requirements
On December 6th, 2021, New York City Mayor Bill de Blasio announced a vaccine mandate for private-sector workers, expanding the City’s Key to NYC Program (Program). Earlier, in August 2021, Mayor de Blasio announced the Program and issued Executive Order No. 225 (Order). The Order requires patrons and employees of certain establishments to receive a COVID-19 vaccine. In addition, the Order made...
The Top Four Major Hiring and Onboarding Laws
December 7, 2021
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As more individuals begin to enter the workforce, employers must remain compliant with hiring and onboarding laws. To that end, there are several employment laws that govern the employee hiring and onboarding process. Chiefly, these employment laws include regulations that verify employment eligibility, protect confidential candidate and employee data, and prevent discrimination. For instance, ...