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McBrayer Blogs

Showing 40 posts tagged employment law.

Fourth Circuit Rules That Gender Dysphoria Is Not Excluded by ADA

Earlier this week, the U.S. Court of Appeals for the Fourth Circuit ruled that gender dysphoria is not to be excluded from the broad definition of “disability” laid out in the Americans with Disabilities Act (ADA). This decision may signal a new direction for discrimination law, and employers should be aware of its impacts. More >

Does Your COVID Testing Program Pass the Test? – EEOC Updates COVID Guidance for Employers

After nearly two and a half years of constantly evolving standards for handling COVID in the workplace, it is no surprise that the EEOC has updated its guidance once again. The most significant change in guidance applies to testing employees for COVID, and employers should be aware of this shift in order to maintain compliance. More >

Beat the Heat with a Workplace Safety Plan

This summer is proving to be another hot one in many parts of the country, which means the odds of workplace illnesses and injuries relating to excessive temperatures are much higher. In April, the Occupational Safety and Health Administration (OSHA) announced a National Emphasis Program focused on addressing workplace heat hazards, which will entail OSHA conducting inspections to identify heat-related hazards in workplaces both indoors and outdoors. Employers should have a plan to avoid liability for heat-related illnesses and to be prepared should such an inspection occur. More >

An Employer's Guide to Intermittent FMLA Leave

Through the Family and Medical Leave Act (FMLA), certain employees are entitled to 12 work weeks of unpaid leave under specific medical or family circumstances, such as parental leave or a serious health condition. In some cases, employees eligible under FMLA take their 12 weeks of leave all at once. However, FMLA does not require leave to be used in a single block. Employees with qualifying circumstances may take their allotted leave in smaller increments that amount to as much as 12 work weeks over a 12-month period—but this “intermittent leave” can cause numerous headaches for employers. It’s important for employers to understand how intermittent leave works and how to best handle its effects in the workplace. More >

Boeing, Boeing, Gone! NLRB GC Recommends Reversal of Employer Handbook Standards

With any new administration in Washington comes changes to the National Labor Relations Board. From the start, Biden’s NLRB has made clear their goal to reverse the employer-friendly handbook standards established by the Boeing decision, and the General Counsel’s March 7th post-hearing brief includes recommendations that take further steps towards that goal. More >

Employer Update: Keeping Up with COVID

Nearly two full years into the pandemic, employers are still struggling to keep up with ever-evolving guidance, requirements, and recommendations regarding the virus—and for good reason, as the advice for how to keep employees safe while staying in business has been constantly evolving.  As the Omicron variant creates even more problems, some employers are suffering now more than ever. We have rounded up crucial updates for employers so you can handle the ongoing impacts of the pandemic to the best of your ability. More >

EEOC Updates Guidance on COVID-19 and ADA

Throughout the COVID-19 pandemic, the Equal Employment Opportunity Commission (EEOC) has issued updates providing guidance for employers in response to new developments and information. This week, the EEOC has issued a new technical assistance update, clarifying the circumstances under which the Americans with Disabilities Act (ADA) and Rehabilitation Act may be applied to COVID-19. More >

OSHA Suspends Federal Vaccine Mandate

On November 5th, 2021, the Occupational Safety and Health Administration (“OSHA”) released an Emergency Temporary Standard (ETS) requiring all employers with 100 or more employees to implement policies requiring employees to either be vaccinated against the coronavirus or submit to weekly testing. More >

IMPORTANT EMPLOYMENT UPDATE: Federal Executive Orders Will Require Many Employers to Mandate Vaccines for Workforce

For more on this subject, view our webinar, Myths, Masks, and Mandates: More Advice for the Continuing Workplace Challenges of COVID-19.

Since the first COVID-19 vaccine became available last December, employers have been asking themselves whether they should—or even could—require their employees to receive the shot. For many employers, this question has now been answered—by a pair of executive orders from President Biden. These orders will require nearly two thirds of the American workforce to be vaccinated in response to rising infection rates throughout the country. What does this mean for employers? More >

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