Porter Wright’s Labor and Employment Department represents management clients in matters ranging from complex employment discrimination and wrongful discharge litigation, including class actions and ERISA litigation, to compliance with various federal, state, and local employment laws and regulations, including the FLSA. 

Recent Blog Posts

  • OSHA sends emergency temporary standard mandating COVID-19 vaccination or weekly testing for companies with 100+ employees to White House for final approval By Abbie Thederahn   As we previously reported, on Sept. 9, 2021, President Biden directed the Occupational Safety and Health Administration (OSHA) to require employers with 100 or more employees to mandate COVID-19 vaccination or weekly testing as part of a new COVID-19 action plan. The president also directed OSHA to mandate paid time off for employees to get vaccinated. OSHA will implement these directives by issuing an emergency temporary standard (ETS). Following the announcement of President Biden’s COVID-19 action plan, it... More
  • Be prepared: Federal contractor vaccine and mask requirements are here By Jourdan Day   On Sept. 24, 2021, the Safer Federal Workforce Task Force (Task Force) issued the COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors. The Guidance, which is part of President Biden’s COVID-19 Action Plan, Path Out of the Pandemic, requires that covered employees become fully vaccinated as early as Dec. 8, 2021, unless an accommodation is required or an exception applies. The specific deadline for full vaccination varies based on when the covered contract is entered into, modified... More
  • Federal Court holds that private employer’s mandatory vaccination policy is lawful By Arslan Sheikh   The Eastern District of Kentucky, which falls within the purview of the U.S. Sixth Circuit Court of Appeals, recently denied injunctive relief to a group of plaintiffs who challenged their employer’s mandatory vaccination requirement in Beckerich, et al., v. St. Elizabeth Medical Center Inc., et al. Facts In this case, plaintiffs are a group of healthcare workers who are employees or former employees of defendants St. Elizabeth Medical Center and Summit Medical Group (St. Elizabeth). St. Elizabeth recently enacted a... More
  • Will we say goodbye to workers’ compensation immunity for mandatory COVID vaccination-related damages? By Jyllian Bradshaw   Keeping an eye on Ohio House Bill 401 Even as the federal government has moved toward mandating COVID vaccination by many employers, a bill introduced in the Ohio legislature, if passed, would eliminate workers’ compensation immunity and expose employers to potential liability for injuries incurred as a result of a mandatory vaccination. On Aug. 24, 2021, a bill was introduced at the Ohio House of Representatives which would create a cause of action for employees who are injured as a... More
  • President Biden directs OSHA to issue new temporary emergency standard to mandate COVID-19 vaccination or regular testing for companies with 100+ employees By Abbie Thederahn   On Thursday, Sept. 9, 2021, President Biden announced a new COVID-19 Action Plan. As part of the plan, the President has directed OSHA to issue a new temporary emergency standard that will require companies with 100 or more employees to mandate COVID-19 vaccination or submit to weekly COVID-19 tests. The OSHA standard will also require paid time off for employees to get the vaccine. The plan will also require healthcare employers to mandate that employees be vaccinated for... More
  • ‘But they don’t work for us!’ Best practices for handling employee claims of harassment by a customer By Mike Underwood   Most employers are equipped to respond to employee allegations of harassment by co-workers or managers. However, there are added levels of difficulty when employees complain of harassment by a customer, contractor or other visitor to the business. In Sansone v. Jazz Casino Company, LLC (Sept. 1, 2021), a federal court of appeals recently ruled that an employee of Harrah’s Casino can go to trial on her claims that she was sexually harassed by a customer and that Harrah’s... More
  • OSHA issues revised COVID-19 guidance By Arslan Sheikh   In response to the recent surge of COVID-19 cases across the country, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has issued revised COVID-19 guidance to help employers navigate the pandemic. Vaccinated employees OSHA now recommends, among other things, that workers who are fully vaccinated take the following measures to reduce the risk of becoming infected with the Delta variant of COVID-19: Wear a mask in public indoor settings in areas of substantial or high transmission; Wear a mask... More
  • Prompt investigation can be critical to avoiding liability for harassment By John Stephen   The United States Court of Appeals for the Sixth Circuit recently provided employers a useful reminder of how important it is to promptly investigate allegations of harassment, or other types of discrimination, even when it appears that such investigation may be fruitless. In Jane Doe v City of Detroit, the court upheld summary judgment for Detroit on a transgender employee’s complaint of harassment. Specifically, the employee complained that an unknown person had defaced her nameplate by scratching the word... More
  • Colorado Supreme Court issues ruling regarding payment of accrued but unused vacation pay at separation By Arslan Sheikh   The Colorado Supreme Court recently settled a debate among employers and employees: Are employers required to pay accrued but unused vacation pay to employees upon separation, even if the employer’s policy contains a forfeiture clause? In Nieto v. Clark’s Market, the court answered “yes.” Although this decision only applies to employees who are bringing claims under the Colorado Wage Claim Act, it clears up a longstanding issue that has puzzled employers in the Centennial State for years. By way... More
  • New York passes employer-friendly amendments to HERO Act By Abbie Thederahn   As we shared in a previous blog, New York Gov. Andrew Cuomo signed the Health and Essential Rights Act (HERO Act) into law on May 5, 2021. Shortly thereafter, the New York legislature amended the HERO Act to clarify several questions that were left unanswered in the previous version of the law. On June 11, 2021, Gov. Cuomo signed the amended HERO Act into law. More time to adopt airborne infectious disease exposure prevention plans Previously, Section 1 of the... More