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 2/27/2022 we learned that a Christian delivery worker fired for not working on Sundays wins case against former employer. The unnamed employee had previously requested to take Sundays off so he could attend worship services in his church. So what did the company, the Tampa Bay Delivery Service, one of Amazon’s couriers for Florida, do? See the post. The employee then reminded the employer through his dispatcher regarding his Sunday duties. And then the company … see the post. He filed a charge with the EEOC; now the employee will receive $50,000 in relief from his former employer. The employer was also ordered by the EEOC to make changes to its workplace environment in settlement of the religious discrimination lawsuit. The EEOC also required the company to provide other non-monetary relief as noted in the post so as to avoid a future incident from happening.
TAKEAWAY: Know your obligations when an employee requests a religious accommodation; don’t just put your (corporate) head in the sand.
The post on Monday 2/28/2022 was about clarifying pay issues around COVID infections and vaccinations. While OSHA’s ETS regarding the vaccine-or-test mandate has been withdrawn, issues regarding the circumstances under which you must pay employees and whether you must extend FMLA leave continue to linger. The first thing to remember is that the provisions of the Fair Labor Standards Act (FLSA) and Portal-to-Portal Act, an amendment to the FLSA, govern. What does the FLSA say relative to non-exempt employees required to take tests, get shots or fill out evaluations during the workday? See the post. And what if any pay obligations do you as the employer have if employees get tested voluntarily because they think they have symptoms, but they test negative (even if the tests are free)? Again, see the post (and note the distinction related to the timing of the testing, i.e., during or outside of work hours, including travel time). Next, what if an employee needs to get tested for their job but wasn’t paid for the time? Pay for that time as soon as possible and follow the rest of the steps in the post. But that’s not all; there are also leave issues under the FMLA (the eligibility for which is noted in the post). If an employee tests positive and can work from home, then the FMLA is not an issue (as explained in the post). However, if FMLA leave does apply, then follow the required steps (some of which are in the post). But does the FMLA apply to an employee who contracted COVID-19 and is hospitalized but you don’t know where and the family is unresponsive? Perhaps – again see the post.
TAKEAWAY: The FLSA and FMLA apply as always, but there might be an overlay in this era of COVID-19 – contact an employment lawyer for assistance.
The post on Tuesday 3/1/2022 told us that the Surfside condo’s sister building gets structural supports – and more on the other tower’s collapse. Seven months after the oceanfront condo collapsed and killed 98 people near Miami, temporary structural supports were added to areas in the underground garage of its sister tower. Why? See the post. The condo was built in 1981 and has a nearly identical design as the sister tower which partially collapsed early on the morning of June 24. The official cause of the collapse remains undetermined but weeks afterward the sister condo’s board issued a statement as noted in the post. The residents (of the remaining sister tower) were given the option to voluntarily but most decided to stay. The Board President’s statement relative to the tower’s safety is in the post and does not completely gel with the thoughts of a professor of engineering who performed an analysis of the south tower. The President noted there was no full evaluation of anything in the building, but rather he was giving his opinion based on his experience of what he saw. That was based on an interim report issued by the engineer hired by the Board as part of its 40-year recertification (details of which are in the post).
TAKEAWAY: Association Boards must ensure that all repair and replace obligations are faithfully undertaken and fulfilled, regardless of applicable legal requirements that might be less stringent.
The post on Wednesday 3/2/2022 told us that Meijer will make a COVID portal more accessible following ADA settlement. Meijer’s COVID-19 Vaccine Registration Portal was not accessible to people who use screen reader software or have a hard time using a mouse, according to the US Attorney’s Office for the Western District of Michigan. How it malfunctioned (or failed to properly function) is noted in the post. The US Attorneys Office said it was protecting the rights of (disabled) persons including full and equal access to health information and medical care, such as COVID-19 vaccinations. What Meijer will do is noted in the post and is part of the ADA settlement with DOJ.
TAKEAWAY: Keep in mind that the ADA is broader than the employment context but can affect your employees in many ways. Know the law.
In the post on Thursday 3/3/2022 we learned that workers seeking to unionize Amazon facility allege labor law violations. The NLRB claimed that Amazon allegedly threatened and surveilled workers seeking to unionize a NY warehouse. Amazon denies the allegation. The NLRB seeks an order requiring mandatory training for Amazon managers and consultants and more as noted in the post. Why? Because the allegations include charges that Amazon was interrogating employees about unionizing. That occurred after the NLRB confirmed on Jan. 27 that the Amazon Labor Union had gathered enough signatures to hold a vote on whether to unionize the facility. (The number of signatures submitted in favor of holding a vote and the NLRB threshold are noted in the post.) However Amazon said that it was skeptical that there was a sufficient number of legitimate signatures, and was investigating. This wasn’t Amazon’s first rodeo with a unionization attempt at one of its facilities – the post mentions several earlier attempts and the outcome
TAKEAWAY: All employers care about unionization attempts due to the application of Section 7 of the Act to all workplaces – again, know the law and consult an employment lawyer to keep you on the legal straight & narrow.
The post on Friday 3/4/2022 told us that most condo and homeowners’ associations have management agents/companies. Does yours? Many homeowners are first-time buyers, and a large portion purchase homes in a condo-minium or homeowner association. But they do not review the association’s governing documents. Why does that matter? Because those legally-binding documents include provisions that absolutely impact daily life including those noted in the post. Next to not paying assessments, associations see more violations as a result of non-compliance with governing documents. Enforcement of the governing documents can be by the association boards themselves (self- or member-managed) or through a management agent (professionally managed). The role and duties of the management company should be spelled out in its agreement with the association. And what should the agreement contain? See the post. It is important that everyone involved (owners, Board members and management personnel) understand what the Board and agent can and will do so that no legal boundaries are crossed. Some of the ways the management agents fulfill their duties are explained in the post.
TAKEAWAY: Knowing the legal rights and obligations related to your house in a condo or homeowner association, and who enforces them, is essential. Consult a community association lawyer to help protect your rights.
Finally, in the post yesterday 3/5/2022, we read about the Top 14 workplace law stories from January 2022, at least one of which will have relevance to your workplace. First, the Supreme Court struck down OSHA’s vaccine ETS but upheld the CMS vaccine mandate. Next, in a unanimous decision (hello employee retirement plan administrators and participants!), the Supreme Court reaffirmed the ongoing duty of ERISA plan fiduciaries to monitor investment options – and remove imprudent investment options – in satisfying their fiduciary duties. What that means to you is in the post. And there is more. The NLRB and DOL’s Wage and Hour Division announced a Memorandum of Understanding to enhance information sharing, investigations, enforcement, training, and outreach. Again, what that means to you is in the post. The other stories are covered in the post.
TAKEAWAY: You need to keep up with changing laws and judicial interpretations of the law; keep an employment lawyer on speed dial.
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