Articles by PC Editorial Staff

EEOC Guidance Clarifies When COVID-19 Is Qualifies as a Disability-12-21-21

EEOC Guidance Clarifies When COVID-19 Qualifies as a Disability

December 21, 2021
40 view(s)
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
27 view(s)

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
55 view(s)

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...
Both California and New York State (NYS) have issued indoor mask protocols in response to increases in coronavirus cases since Thanksgiving-12-14-21

Georgia Court Blocks Federal Contractor Vaccine Mandate Nationwide

December 14, 2021
50 view(s)
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
33 view(s)

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
32 view(s)

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...
COVID-19 Vaccination Mandate Facing Various Legal Struggles_12-7-21

The Top Four Major Hiring and Onboarding Laws

December 7, 2021
179 view(s)
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, ...
November 16, 2021
36 view(s)

Court Blocks OSHA from Enforcing the Vaccine Mandate

On November 12th, 2021, the U.S. Court of Appeals for the Fifth Circuit continued the stay on the Occupational Safety and Health Administration's (OSHA's) vaccine mandate and emergency temporary standard (ETS) and enjoined OSHA from enforcing the vaccine mandate. Although the court’s decision isn’t the final ruling on the ETS, the order marks its first significant challenge. Basically, the ruli...
November 16, 2021
38 view(s)

Joint Anti-Retaliation Initiative Announced to Protect Workers’ Rights

On November 11th, 2021, the U.S. Equal Employment Opportunity Commission (EEOC), the U.S. Department of Labor (DOL), and the National Labor Relations Board (NLRB) announced a joint anti-retaliation initiative to protect workers’ rights. Basically, the initiative raises public awareness about retaliation issues when workers exercise their protected labor rights. Specifically, the collaborating a...
NLRB Issues Memo on COVID-19 Emergency Standard Bargaining Obligations

NLRB Issues Memo on COVID-19 Emergency Standard Bargaining Obligations

November 16, 2021
39 view(s)
The National Labor Relations Board (NLRB) released a memorandum regarding COVID-19 emergency standard bargaining obligations. Chiefly, the memo outlines obligations while complying with the new Occupational Safety and Health Administration’s (OSHA’s) Emergency Temporary Standard (ETS). Accordingly, Acting NLRB Associate General Counsel Joan Sullivan communicated the information to all NLRB fiel...