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Properly classifying workers as either “employees” or “independent contractors” is difficult even in the best of circumstances, but it certainly doesn’t help when every administrative agency (the Department of Labor (“DOL”) vs. the IRS), every individual state (California vs. Texas; Florida vs. Massachusetts; etc.), and every presidential administration (Obama vs. Trump; Trump vs. Biden) has a different interpretation of the rules, or even a different set of rules altogether.
Read MoreThis past month, it seems like every branch of our government – from the President himself all the way down to school superintendents, and everyone in between – has imposed new (and often contradictory) COVID-19 health and safety protocols.
This has placed even the most conservative, safety-minded employers in an awkward, even impossible position. Do you comply with the Occupational Safety and Health Administration Emergency Temporary Standards (“OSHA ETS”) mandate requiring vaccines, or Florida’s recently enacted statute, banning such requirements? Is mandatory masking alright? What about vaccine cards?
Read MoreWe are sure that many of you heard that on September 9, 2021, President Joe Biden announced that the federal government will soon be imposing mandatory vaccination requirements on all private-sector US employers with 100 or more employees.
Read MoreOn May 28, 2021, the EEOC finally updated its guidance from December 16, 2020 regarding the ins and outs of vaccinations in the workplace. As COVID-19 vaccinations are now readily available for every American adult and now child who wants one, and as this is the first major guidance on this subject from the EEOC over six months, the major points of the EEOC’s latest word on the subject are well worth understanding. The new guidance breaks down to four major topics: (1) mandatory vaccination policies; (2) accommodations; (3) information about employee vaccination status; and (4) vaccine incentives. We’ll examine each subject in turn.
Read MoreFlorida Commission on Human Relations adopts U.S. Supreme Court LGBTQ+ standard for anti-discrimination and anti-harassment in Florida workplaces
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