Question of the Month
Q&A: Eliminating contact with a coworker unreasonable under ADA
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News, trends and analysis in employment law, HR, safety & workers' comp
Aug
04
2022
Q&A: Eliminating contact with a coworker unreasonable under ADA
Question: One of our employees requested a disability accommodation under the Americans with Disabilities Act (ADA). He suffers from anxiety and depression and his doctor recommended that he not have any interactions with a certain “hostile” coworker. Do we have to do this? Answer: Probably not, because courts generally don’t consider a request to avoid…
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Aug
04
2022
Q&A: Don’t share wage data with competitors
Question: Our maintenance people keep getting picked off by other local companies. I can’t decide whether to write them a nastygram to stop poaching our employees, or try to find out what they’re paying so we can set our wages higher. Any thoughts? Answer: As frustrating as this is, both of those approaches…
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Aug
04
2022
2022 VETS-4212 Report website open for filing
Covered federal contractors can now file their 2022 VETS-4212 Reports, which are due on September 30, 2022, to the U.S. Department of Labor. Filing is required for all employers with a single federal contract or subcontract worth at least $150,000. The VETS-4212 Report gives the federal government a snapshot of…
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Jul
21
2022
EEOC updates guidance on COVID-19 screening for employers
On July 12, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) updated its technical assistance guidance regarding COVID-19 (coronavirus) and the Americans with Disabilities Act (ADA). These FAQs scale back the agency’s approval of mandatory COVID-19 screening measures and clarify several other COVID-19 related issues. Viral screening tests and “business necessity”: The EEOC now says…
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Jul
21
2022
Q&A: Reimbursing employee expenses can be necessary
Question: Do we have to reimburse employees for expenses, and if so, which ones? Answer: Yes, there are times when employees must be reimbursed for expenses, but it depends on the expense you’re talking about and whether you’re dealing with less generous federal law or more generous state or local law. Under federal law,…
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Jul
07
2022
Q&A: Hiring before receipt of drug test and background check is risky
Question: Our company is struggling to find workers and keep operations running efficiently. All employment offers are conditioned on passing a preemployment drug screen and background check. We’ve been allowing new hires to start working before we receive the results from our third-party vendors. We just learned that an employee who has…
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Jul
07
2022
CALIFORNIA: CDPH updates definition of “close contact”
On June 8, 2022, the California Department of Public Health (CDPH) changed the definition of a COVID-19 “close contact” to someone sharing the same “indoor airspace” (instead of the prior standard of being within 6 feet) for a cumulative total of at least 15 minutes over a 24-hour period during the infectious period of a…
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Jul
07
2022
CALIFORNIA: No pay due for applicants’ time to take drug tests
The U.S. Ninth Circuit Court of Appeals recently ruled that California employers aren’t required to compensate applicants for time and travel expenses required to undergo mandatory preemployment drug tests. A grocery store with locations in California offered jobs to applicants contingent on a successful background check and drug test. The company paid…
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Jul
07
2022
OFCCP posts more affirmative action settlements
The Office of Federal Contract Compliance Programs (OFCCP) recently posted another significant financial settlement with a federal contractor, arising out of a routine affirmative action audit. Without admitting liability, Becton, Dickinson and Company agreed to pay $499,349 in back pay and interest to resolve allegations that it discriminated against 125 female applicants at three locations in…
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Jun
16
2022
OSHA assesses large penalties for two employers’ safety violations
The federal Occupational Safety and Health Administration (OSHA) recently cited two companies after it found the employers exposed workers to serious hazards that resulted in the death of two individuals. A plastics company in Ohio faces $291,086 in penalties after an employee died while trying to clear plastic parts stuck in…
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