Below is a review of the posts (on Facebook, LinkedIn, and Twitter) from the past week. You can check out the full posts by clicking on the links.
In the post on Sunday 2/6/2022 we saw that the Citigroup vaccine requirement is taking effect. Yep, Citi’s mandate that its more than 200,000 employees be vaccinated against COVID-19 took effect January 14th. Employees who did not comply were placed on unpaid leave. What is the deadline for compliance and ramification if they do not meet that deadline? See the post. Citi announced its mandate last October. It noted that 90% of its workforce was compliant as of January 7th and 99% before January 14th. There were some exclusions as noted in the post. Citi really had no choice as it is headquartered in NYC where private employers are required to have mandatory vaccination polices. Other large employers in different industries outside NYC have mandated COVID vaccinations – see who they are, and how many employees they have fired for noncompliance, in the post.
TAKEAWAY: Even without OSHA’s ETS, large employers have and continue to mandate COVID vaccinations for employees. If you have such a policy in place, enforce if evenly and know how to deal with requests for accommodation.
The post on Monday 2/7/2022 told us that Starbucks unionization efforts spread – how this may affect your workplace. The first Starbuck location in Buffalo, NY voted to unionize in December 2021. Now another store in Buffalo has also voted to unionize. The Starbucks Workers Union gained a bit of leverage; see the post for a list of other Starbucks locations where employees have filed for union elections. Starbucks had until Jan. 20th to appeal the union decision for the second Buffalo store. Why are employees seeking to unionize? The Chicago location reasons are in the post – and may sound familiar and perhaps similar to what employees in your workplace seek (even in a wholly different industry). The Starbucks unionization might seem odd given its offerings to employees (see the post), but the employees are subject to the same things as employees in every other industry (again, see the post).
TAKEAWAY: Keep lines of communication open with employees and be responsive to their needs and wants to the extent possible – or you may find your business subject to a unionization vote.
The post on Tuesday 2/8/2022 talked about the Supreme Court stay of CMS vaccine injunctions: what’s next for health care providers and employees. By now you know that on January 13th the Supreme Court issued decisions relative to the CMS and OSHA vaccine mandates (the former for health care providers receiving Medicare/Medicaid funding and the latter for private employers of 100 or more employees). The Court stayed injunctions from 2 federal trial courts of the CMS mandate (thus allowing it to go forward) and upheld a stay of the OSHA ETS. The post examined the CMS issue and decision in more depth since it is (for now) effective. Why did it pass muster at this point? It had to do with CMS authority as detailed in the post. The decision was both procedural and substantive, but were 5-4 votes (with Justices Thomas, Alito, Gorsuch and Barrett in the minority). So employers and employees need to know if they are now subject to the mandate. Covered employers include ambulatory surgical centers, hospices, hospitals, nursing homes, and many more as listed in the post. There are some you might not expect are NOT covered – see the post. And as for covered employees, that includes employees, students, trainees and volunteers at/with the covered employers and more as noted in the post. The mandate is broad as to covered persons as noted in the post; for example, they need not work on premises. Pennsylvania covered employers and employees have until this Monday, 2/14/2022, to comply. Implementation is in phases as described in the post; covered employers and employees must know the requirements. And yes, there are possible exemptions for medical conditions or religious reasons; CMS’s Guidance on exemptions is referenced and linked in the post.
TAKEAWAY: Know whether you are covered by this mandate and if so, what you must do and by when. Consult an employment lawyer if you are unsure of any of that.
The post on Wednesday 2/9/2022 was about condos and HOAs – know the rules and restrictions (before you buy)! As more and more people live in planned communities, also called community associations, it is more important than ever to know the differences among the various community types and what it means to owners. All of the associations have covenants and restrictions; some relate to fencing, color schemes, and more as noted in the post. Homeowner associations, or HOAs, can consist of single family and attached (or townhome) housing stock. Condominiums are attached units, although there may be several buildings of multiple units making up the association. Some things sellers of homes in HOA or condo associations should disclose to potential buyers are noted in the post.
TAKEAWAY: Don’t buy a home in a planned community until you have a community association lawyer explain to you the benefits from and requirements of ownership and what can or cannot change after purchase.
In the post on Thursday 2/10/2022 we read: ‘That dog is not coming here’: mother in HOA/condo in battle with 18-year-old son. The mother is a socmed user and asked for opinions (why?) as to whether she was correct in not letting her son bring a dog into their home. They have had 2 cats in the condo for 10 years, but then the son said he was getting a dog. Mom said no and gave several reasons – they are listed in the post. The one having to with the condo association, which was also picked up by some comments on the mother’s post, is most relevant to us; both are in the post. When told he could not have the dog, what did the son say? See the post.
TAKEAWAY: Know the restrictions that apply to your HOA or condo association – and abide by them or follow the process to get them changed. Consult a community association lawyer.
The post on Friday 2/11/2022 noted football coach’s midfield prayer and other new cases get Supreme Court audience. The Court recently accepted 5 more cases for its Spring 2022 docket, including that of a former Washington state public high school coach who wanted to pray mid-field after games. Joseph Kennedy stuck with tradition when he and his players met the opposing coaches and players at midfield to shake hands after games. But then he broke with tradition; how is in the post (and leads to the Supreme Court). In 2015 the school district told him to stop what he was doing. How Kennedy responded, and the District’s reply, are in the post. Kennedy kept doing what he was doing. The District put him on leave and he did not return. Kennedy sued, alleging free speech and free exercise violations. Federal trial and appellate courts ruled against him. He appealed to the Supreme Court in 2019 – what happened then is in the post. But Kennedy’s case is back with a different Court and a different basis for relief. The outcome of the case may have far-reaching impact so stay tuned. Note that the post also describes the other cases accepted by the Court, one of which includes denial of benefits for a veteran.
TAKEAWAY: Employers must be aware of what’s possibly coming down the pike and be ready to adapt to changes – consult an employment lawyer to keep you on the (legal) road.
Finally, in the post yesterday 2/12/2022, we asked: Is it discrimination or just a failure to communicate? The post starts with a reference to a movie; read it for a smile. But then it swings back to the workplace and the truth that many problems are not really discrimination, but rather a simple lack or failure of communication. For example, if a supervisor does not explain to an employee what was wrong or improper at the time it happened (or failed to happen), it continues and festers … and leads to discipline and possibly more. But this also hits HR – see the post. Why does this happen in many cases? Because the employer is trying to avoid litigation, but … see the post for how that works out. This is especially important when a protected characteristic is NOT implicated (hint: see the post).
TAKEAWAY: Employers should investigate not only the issue complained of, but what led to that issue. It can only help the workplace – and might save the relationship.
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