To try to find out whether this was a trend or whether I was reading too much into Judge McGuire’s statement, I informally polled several employment litigation practitioners to see if any of them had experience with these kinds of cases. Here are just a few that I found and what I think they mean for the future of employment litigation.
While the nation moved forward with the “work from home” trend during the COVID-19 pandemic, the question of who bore the brunt of the cost for this unwanted necessity has yet to be answered?
Faced with many more remote workers than ever before and little certainty as to when they may return on-site, employers find themselves navigating difficult compliance issues, especially in regard to remote workers who have chosen to relocate to a new state.
While the COVID-19 pandemic put employment litigation matters on hold last year, attorneys expect it to not only resume, but pick up substantially as employment issues related to the pandemic come to the forefront in the short-term.
Working during a pandemic – one year now and counting – has changed forever the way some elements of business are done, while highlighting those things that require in-person interaction to be executed well.
Fewer than 1% of employers currently mandate COVID-19 vaccination for all employees, and just 6% plan to do so once vaccines are readily available and fully approved by the Food and Drug Administration, according to employment law firm Littler Mendelson’s COVID-19 Vaccine Employer Survey Report.
Employers should remain aware of the different types of federal and state leave that may be available to an employee who needs to be absent from work for reasons related to COVID-19.
Many corporations called for change and taking on responsibility for their role in addressing racial and social justice issues. Now, many in-house counsel departments are re-evaluating their outside counsels’ diversity commitments.
Every employer should coordinate with the company’s human resources department or an external consultant to review current policies. Putting your internal complaint policies down in writing helps clarify employee expectations, lets employees know they have a voice, and ensures consistency.
Per the EEOC guidelines, any COVID-19 vaccine that has been approved or authorized by the Food and Drug Administration is not a medical exam under the Americans with Disabilities Act. That means it can be administered by an employer or administration by a third party can be required.