Testing for COVID-19 certainly has evolved over the past 18 months or so. As supply and allocation continue to face challenges, guidance on serological/antibody versus viral testing, testing in the workplace, informed consent, among other things have emerged to help guide coronavirus testing in the workplace. President Biden’s Path out of the Pandemic (the “Path”) seeks to
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The Key to NYC and Other Cities’ COVID-19 Vaccine Proof Mandates, and Potential Privacy Issues
Cities step up their efforts to combat the COVID-19 Delta variant. New York City, New Orleans, and San Francisco have all announced requirements for certain persons to produce evidence of COVID vaccination status in order to patronize or work indoors at certain establishments. Adding to an already complex patchwork of COVID-related regulation – screening, social distancing, contact tracing,
Auto Technicians’ Pay Structure May Have Been Convoluted, But It Was Still a Bona Fide Commission Plan, Seventh Circuit Concludes
Although the employer’s pay system for its auto repair technicians was complicated and at times redundant, it nevertheless constituted a bona fide commissions compensation method subject to exemption from the overtime pay provisions of the Fair Labor Standards Act (FLSA), the Seventh Circuit Court of Appeals has held. Reed v. Brex, Inc., 2021 U.S. App. LEXIS 23573 (7th Cir. Aug.
San Francisco Will Tax Employers Based on CEO Pay Ratio
San Francisco’s Measure L, which passed with the overwhelming support of the voters, will be effective in 2022 for businesses operating in the City of San Francisco. Measure L titled the “Overpaid Executive Gross Receipts Tax”, imposes a supplementary tax on gross receipts or payroll expenses of any business in which the CEO (or highest-paid managerial employee) earns more
Health Plan Premium Surcharges For Those Not Vaccinated for COVID-19?
According to Forbes.com, more employers are considering imposing a premium surcharge on employees participating in the company’s health plan who are not vaccinated for COVID-19. Whether positioned as rewards or penalties, wellness program incentives have become vehicles of choice for encouraging behaviors believed to be healthy and reducing health plan costs. For years, tobacco users have faced health plan
City of Baltimore May Criminalize the Use of Facial Recognition Technologies by Businesses
The Baltimore City Council recently passed an ordinance, in a vote of 13-2, barring the use of facial recognition technology by city residents, businesses, and most of the city government (excluding the city police department) until December 2022. Council Bill 21-0001 prohibits persons from “obtaining, retaining, accessing, or using certain face surveillance technology or any information obtained from certain
California Court of Appeal Provides Potential Guidance for Right of Recall Ordinances
Before 2020, the City of Santa Monica was one of a handful of cities that had a right of recall ordinance. However, since the beginning of the pandemic, many local governments enacted right to recall ordinances to return displaced workers to their prior positions. Recently, the state joined these local governments, passing SB 93 relating to the right of recall
Incentives: From Water Bottles to “Not so Substantial”
For years (and we do mean years), the EEOC has waffled about whether incentives were permissible in connection with a medical inquiry under a voluntary wellness program. Friday, the EEOC issued its most recent pronouncement on the topic, this time related to incentives for COVID-19 vaccinations.
The ADA prohibits employers from requiring medical examinations or making “disability-related inquiries” except in
Long-Term Care Facilities Must Educate, Offer, and Report on COVID-19 Vaccinations for Residents and Staff, According to CMS Interim Rule
On May 11, 2021, the Centers for Medicare & Medicaid Services (CMS) of the U.S. Department of Health & Human Services published an interim final rule/guidance to establish COVID-19 vaccination requirements for Long-Term Care (LTC) facilities. The requirements are applicable to both residents and staff. LTC facilities have already been managing COVID-19 vaccination requirements both at the federal and state
Ask A Litigator: What Can Be Included in a Settlement Agreement?
An effective settlement agreement memorializes the resolution of a dispute between a claimant-employee and a business, provides the parties with a clear path forward, and creates peace of mind. A poorly-drafted settlement agreement, on the other hand, can create further conflict and problems.
This is what litigators would like employers to understand about effective settlement agreements.
What Can Be Included