Service and Emotional Support Animals (Podcast)
Shelley M. Jackson discusses the differences between service and emotional support animals and what rights are available for individuals who have them?
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Labor and Employment
Work Opportunity Tax Credits Can Increase Diversity and Reduce Labor Shortages
In a tight labor market with diversity, equity, and inclusion front of mind, some employers have expanded their outreach to prospective employees under the federal Work Opportunity Tax Credit (WOTC). Refining their recruiting approach may relieve staffing pressures and enhance workplace diversity,…
Website Compliance with the ADA: Is Your Company Compliant With the Latest DOJ Guidance?
While commercial businesses are typically aware of their responsibilities under the Americans with Disability Act (the “ADA” or the “Act”) relative to the maintenance of their physical office spaces and general corporate policies, some businesses have been the recipients of demand letters alleging…
New Law Will End Forced Arbitration in Sexual Assault and Sexual Harassment Cases
Last week, the Senate passed a bill, Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, that will nullify forced arbitration clauses in sexual assault and sexual harassment cases. The bill has been sent to President Biden’s desk for signature and is expected to be signed…
CMS Issues Supplemental Guidance on Interim Final Rule on Vaccination for States Impacted by Recent Supreme Court Ruling
On January 14, 2022 the U.S. Centers for Medicare and Medicaid Services (“CMS”) issued supplemental guidance (the “Supplemental Guidance”) for implementation of its Interim Final Rule – Medicare and Medicaid Programs; Omnibus COVID-19 Health Care Staff Vaccination (“CMS Rule”).
Scope of Guidance
The…
Beware of the Illinois Employee who Insists on Independent Contractor Status
Imagine that your company contracts with a salesperson, consultant, or other professional, who insists on an independent contractor arrangement. He wants to be free to accept other work opportunities. Your company accommodates by paying a daily rate for services, setting up a payment-upon-invoicing…
U.S. Supreme Court Issues Key Decisions on OSHA’s Vaccine-or-Test Rule and CMS’s Mandatory Vaccination Rule
Yesterday afternoon, the U.S. Supreme Court issued two key rulings relating to mandatory COVID-19 workplace measures. The rulings contain important implications for private and certain other employers with 100 or more employees and for health care entities subject to conditions of participation…
Significant Changes to Illinois Law Affect Employers’ Restrictive Covenant Agreements
As of January 1, 2022, Illinois employers must abide by significant new amendments to the Illinois Freedom to Work Act (the “Act”). Specifically, these amendments pertain to non-competition and non-solicitation agreements between employers and their employees that are entered into after January 1,…
OSHA Withdraws Healthcare Emergency Temporary Standard, Recordkeeping Obligations Remain in Place
On December 27, 2021, the U.S. Occupational Safety and Health Administration (“OSHA”) withdrew the non-recordkeeping portions of the Healthcare Emergency Temporary Standard (“Healthcare ETS”). In its Statement on the Status of the OSHA COVID-19 Healthcare ETS (“Statement”), OSHA announced that it…
Off-Again, On-Again: Sixth Circuit Lifts Stay on OSHA’s Vaccination-or-Test Mandate
Employers with 100 or more employees may feel whiplash as they once again prepare to pivot in connection with the Biden Administration’s push to implement mandatory vaccination-or-test policies in the workplace. On Friday, December 17, 2021, the Sixth Circuit Court of Appeals granted an emergency…
‘Tis the Season: Court Issues Nationwide Temporary Stay of CMS Mandatory Vaccination Rule
The Biden Administration’s push for mandatory vaccinations in the workplace has been dealt another blow, this time to the Interim Final Rule (the “CMS Rule”) issued on November 5, 2021 by the U.S. Centers for Medicare and Medicaid Services (“CMS”) and scheduled to go into effect on December 6,…
Overview of New Federal COVID-19 Vaccination Requirements for Employers (Podcast)
Employment Practice attorney Shelley M. Jackson discusses the new vaccination requirements for employers with over 100 employees.