Former President Trump’s lawyers filed a motion in federal Court seeking the appointment of a “special master” to inspect the records seized from Mar-a-Lago by the FBI on August 8, 2022. This blog will address what a special master is, the legal standard for the appointment, and the likelihood that a special master will be appointed by the federal Judge deciding former President Trump’s motion.
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Potential Legal Implications of Remote Work Policies
During the COVID-19 pandemic, many employers required their employees to work remotely to comply with state mandates and ensure their employees’ and customers’ health and safety. That resulted in a shift in attitudes about work-from-home policies.
What began as a necessity has shifted to a preference. A majority of employees believe that significant portions of their job functions can be performed remotely. Furthermore, most employees wish to continue to work from home at least part of the time. Market factors and employers’ desires to retain their talented, trained employees have resulted in employers implementing remote work policies.
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Workplace COVID Testing Must Be “Business Necessity” United States Equal Opportunity Commission Says
The United States Equal Opportunity Commission (“EEOC”) enforces workplace anti-discrimination laws, including the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act.
On July 12, 2022, the EEOC announced that employers should take more factors into consideration when choosing whether to screen employees for Covid-19. Now, “employers will need to access whether current pandemic circumstances and individual workplace circumstances justify viral screening testing” for employees in an update to its technical assistance guidance (https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws#A.6). The EEOC found that a “Covid-19 test is a medical examination within the meaning of the [Americans with Disabilities Act].” As a result, if an employer requires mandatory medical tests of employees, they must “be job-related and consistent with business necessity.”
Vaccine Rules for Employers with over 100 Employees: Here Are the Details
The Occupational Safety and Health Administration (“OSHA”) covers employers with 100 or more employees. OSHA announced a rule that companies who have 100 or more employees must ensure that their workforce is fully vaccinated against COVID-19 on or before January 4, 2022, or they must test negative for COVID-19 at least once a week.
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New Jersey Supreme Court Holds That Two Highly Offensive Comments Could Trigger Employer Liability Under the New Jersey Law Against Discrimination
Last month, the New Jersey Supreme Court issued an important decision concerning whether or not a supervisor’s use of two offensive racial slurs could support a hostile work environment claim under the New Jersey Law Against Discrimination (LAD). Rios v. Meda Pharm, Inc., 2021 N.J. Lexis 553 (2020).
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The Equal Employment Opportunity Commission (EEOC) Says Employers Can Mandate COVID-19 Vaccines
The EEOC stated that employers can now order their employees to receive the COVID-19 vaccination shot, provided that they comply with the reasonable accommodation provisions of the American with Disabilities Act (ADA), religious exceptions, and other laws.
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Eight Nebraska Football Players Commence Litigation Against the Big Ten Seeking Reinstatement of Their Season and Monetary Damages
On August 27, 2020, eight Nebraska football players commenced litigation against the Big Ten Conference in the District Court of Lancaster County, Nebraska. The lawsuit asserts that the Big Ten Conference’s cancellation or possible delay of the 2020 college football season was “arbitrary and capricious.” In support of the same, the student-athletes point to the SEC’s, Big 12’s and ACC’s decisions to move forward with their college football seasons.
Continue Reading Eight Nebraska Football Players Commence Litigation Against the Big Ten Seeking Reinstatement of Their Season and Monetary Damages
New Jersey Attorney General Orders the Release of Police Officers’ Names Who Committed Serious Misconduct
New Jersey Attorney General, Gurbir Grewal, directed all New Jersey law enforcement agencies to disclose the names of officers who have been fired, demoted or suspended for more than five days. The directive requires the disclosure of fired, demoted or suspended officers names by the end of the year. The directive further mandates the ongoing release of this information.
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5 Things to Keep in Mind for Your Business During the Coronavirus Pandemic
With each passing day, we are one step closer to finding a vaccine that will bring this devastating chapter in our personal, and business lives to a conclusion. Until that day comes, there are multiple steps businesses should take in order to protect the health and safety of employees, and customers while ensuring the survival of your business.
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Watch out for Coronavirus Scams
Like most trying times, the Coronavirus brings out the best and worst. Unfortunately, criminals are targeting the federal stimulus money that has been distributed to qualified Americans. According to the FBI, scammers are leveraging the COVID-19 pandemic to steal victim’s money and personal information. There has been an alarming surge in the number of scam phone calls, text messages, social media scams, and emails. The FBI is receiving between 3,000 and 4,000, complaints a day through its internet portal.
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