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Category: Employment

NEW GUIDELINES FROM THE EEOC and OSHA

As the nation begins to reopen businesses and employees return to the workplace, employers are facing many decisions regarding the safety of their employees, particularly those considered “high risk” for suffering the ill-effects of COVID-19.  Last week, the Equal Employment Opportunity Commission (“EEOC”) and the Occupational Safety and Health Administration (“OSHA”) issued new guidance for employers with “high risk” employees and about the use of face masks in the workplace. COVID-19 and the Americans with Disabilities Act (“ADA”) As a best practice, the EEOC advises employers with on-site employees to provide the accommodations for an employee with a disability upon returning to the workplace: Employers can either (i) provide a […]

TITLE VII UPHELD for LGBT EMPLOYEES

On June 15th, in Bostock v. Clayton County, Georgia, the United States Supreme Court held Title VII of the Civil Rights Act of 1964 prohibits discrimination against employees based on LGBT status. Most employers are familiar with Title VII’s prohibition against discrimination based on sex to mean an employer cannot discriminate against an employee based on gender (i.e. not hiring someone because they are female) or engage in or condone sexual harassment.  In Bostock, Court determined in addition to biological sex, the word “sex” as used in Title VII extends to transgendered and homosexual individuals because by taking into account someone’s LGBT status, the employer is either penalizing someone for being […]

BEST PRACTICES for SAFE RE-ENTRY INTO WORKPLACE – RECORDING

On May 12th, Rosenblatt Law Firm hosted an Expert Panel with James Rosenblatt, President of Rosenblatt Law Firm, Dr. Charles Lerner, Infectious Disease Specialist and Tom Cuthbert, Vistage Master Chair and CEO Coach, regarding how employers can prepare for a safe and mindful re-entry for their employees. For those who missed the webinar, or wish to review the discussion, the webinar in it’s entirety has been uploaded for viewing below.

UPDATES ON COVID-19 BY THE EEOC FOR LABOR AND EMPLOYMENT

As of April 1, 2020, the EEOC has released an updated guide with regards to the Federal Disability Discrimination Laws. The EEOC emphasized guidelines by the Centers for Disease Control and Prevention (“CDC”) may be followed without the risk of violating discrimination laws. While the ADA and the Rehabilitation Act still apply during these pandemic times, the EEOC has clarified Employers are allowed to do the following without violating discrimination laws: NEW EMPLOYEES: Employers may screen employees and new hires for Covid-19. E.g. Check their temperature; May delay start dates of new hires; Employers such as essential businesses may also screen job applicants for the virus after a conditional offer; […]

PAYCHECK PROTECTION PROGRAM APPLICATION

Businesses struggling to maintain employment during the COVID-19 outbreak are being offered relief in the form of the Paycheck Protection Program, headed by the Small Business Administration. The program offers loans to small businesses, and we at RLF would like to share a PDF version of the application. As always, our legal experts are available to answer your questions and concerns. Stay safe, San Antonio.

TWC WAIVES CERTAIN REQUIREMENTS FOR UNEMPLOYMENT BENEFITS SERVICES

On March 17th, Texas Governor Greg Abbott waived the waiting-week time on Unemployment Benefits in response to the effect the COVID-19 pandemic is having on local businesses and their employees. This emergency change is intended to help those whose jobs are affected, or even lost, and provide them with relief from the sudden and widespread closures seen across the state. To see the full announcement, visit the link below. https://twc.texas.gov/news/twc-waives-certain-requirements-unemployment-benefits-services

SHOULD I CANCEL EMPLOYEE WORK TRAVEL?

Concerns regarding COVID-19 What international travel bans are currently in effect? The United States currently bans incoming travel by foreigners recently in China or Europe. U.S. citizens are also restricted from travel abroad by a growing list of countries instituting a global travel ban against foreigners. Although these lists may grow, the U.S.-Mexican border is not currently seeing COVID-19 related restrictions. However, international travel may be still not be advisable, even if technically possible. This advisory map is a good starting place, but be sure to double check the official U.S. country-specific pages as well before making decisions. Am I legally obligated to cancel domestic work travel? The short answer […]

THE CORONAVIRUS AND YOUR JOB: LEGAL RAMIFICATIONS FOR EMPLOYERS AND EMPLOYEES

In the midst of the COVID-19 craziness, what legal ramifications are there for you and your employer? How will the COVID-19 Coronavirus affect your job? Your job is protected under certain legal rights. But in the unusual times to come, it is more important than ever that you know where those lines begin and end. Employers may not be obligated to honor requests such as vacation time, but they also cannot deny you work based on certain protected classes. Find out the legal standpoint of employee and employer from our colleagues at the Wall Street Journal below, and get answers to common questions about time off, working from home, and […]

JUDGE BLOCKS SAN ANTONIO’S PAID SICK LEAVE ORDINANCE

THE RIVARD REPORT JUDGE BLOCKS SAN ANTONIO’S PAID SICK LEAVE ORDINANCE WRITTEN BY SHARI BIEDIGER Judge Peter Sakai on Friday granted a temporary injunction to local business groups,  blocking the City of San Antonio once again from implementing its paid sick leave ordinance. Sakai ordered that a trial date be set as soon as possible. In civil cases, that requires all parties in the case to coordinate with the court clerk to choose a date, which could delay the matter for months. The Sick and Safe Leave Ordinance would have required all employers to provide one hour of paid sick leave for every 30 hours worked starting Dec. 1. “At […]