Guidance Published for Federal Contractor Vaccine Mandate

Vincent Jackson
Vincent Jackson
09/27/2021
On September 24, 2021, the Safer Federal Workforce Task Force published guidelines for President Biden’s recently-announced COVID-19 vaccine mandate for federal contractors.  Here are the highlights: “Covered contractor employees” of federal contractors must be fully vaccinated against COVID-19 no later than December 8, 2021. People are considered fully vaccinated two weeks after they have received the second dose in a two-dose series,...
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Long Gap Not Fatal To Retaliation Claim

A retaliation claim under Title VII of the Civil Rights Act of 1964 (Title VII) requires that there be protected activity, a materially adverse employment action, and a causal connection between the protected activity and the adverse action.  An employee engages in protected activity when, for example, he opposes an unlawful employment practice or participates in an investigation, proceeding, or hearing regarding conduct that is proscribed by...
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Biden's New COVID-19 Action Plan: What Does It Mean for Employers?

Bernadette Hunton
Bernadette Hunton
09/10/2021
Yesterday evening, President Biden announced a new action plan to fight the spread of COVID-19 and battle back yet another surge sparked by the delta variant.  The national strategy calls on both public and private sector employers to take steps get the unvaccinated vaccinated by mandating vaccines for employees and offering other protections for workers. As part of the plan, all employers with 100 or more employees will need to ensure that workers...
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Employee Reassignment Due To Poor Performance Not Adverse Action

Bernadette Hunton
Bernadette Hunton
09/08/2021
From time to time I get questions from employers about the legal risks associated with transfer or reassignment of a poor performing employee.  Maybe a contract prevents immediate termination, or the current office dynamic simply isn’t good.  The relationship with the employee is on a rapid decline and the employer wants to know- will the transfer increase the risk of liability for an employment discrimination claim? As lawyers often say to our...
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“Paramour Preference” Is Not a Title VII Violation, says Ninth Circuit

When I lectured on sex discrimination and harassment to my law school students, I’d pose the following question:  “does the person who didn’t (consensually) date the boss and who then didn’t get promoted have a claim for discrimination or harassment?  No?  But what if I just never got the chance to date them?  I mean, I would have been willing to do so if I’d known that might help me advance or keep my job.”  While some students...
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The COVID Cases are Coming, the COVID Cases are Coming!

Darrell VanDeusen
Darrell VanDeusen
08/23/2021
And so it has begun.  Unless you just arrived from another planet, you know that we’ve been in COVID world for about 18 months.  The lawsuits involving employee behavior, and employer reactions to that behavior, during the pandemic are being filed and decided in state and federal courts.  Here’s one where a physician assistant’s (PA) unprofessional behavior in the early months of COVID led to his termination.  Unwilling or unable to accept...
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NLRB General Counsel Sets Ambitious Agenda

Eric Paltell
Eric Paltell
08/17/2021
On August 12, 2021, the NLRB’s new General Counsel, Jennifer Abruzzo, issued a memo (GC 21-04) signaling plans to reconsider more than 40 decisions of the Trump Board.  The memo also asks for cases in a number of areas not addressed by the Trump Board to be sent to Advice for the purpose of considering whether new standards should be set.  The memo is indicative of an aggressive agenda that will likely see the Board issue a number of pro-labor...
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NLRB Hearing Officer Recommends Ordering of New Election in Alabama Distribution Center

Jordan Dunham
Jordan Dunham
08/16/2021
On April 2021, the employees of an Amazon distribution center located in Bessemer, Alabama overwhelmingly voted against representation, much to the dismay of the Retail, Wholesale and Department Store Union.  More than half of the nearly 6,000-employee workforce cast votes.  Of those votes, more than two-thirds were tallied against representation. Following the election, the Union filed objections, and a NLRB hearing officer has now delivered her...
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Mandatory Vaccination: With Clarity of the Law, Employers are Permitted to Require COVID-19 Vaccination

Jordan Dunham
Jordan Dunham
08/11/2021
As Kollman and Saucier’s Vincent Jackson previously blogged, in June 2021, a Texas federal court upheld a hospital’s policy requiring its workers to be vaccinated against COVID-19.  Since that decision was rendered, an Indiana federal court issued its decision upholding Indiana University’s mandatory vaccination policy that applied equally to students, faculty and staff.  The Seventh Circuit recently denied a motion for injunction regarding...
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DOL Issues Proposed Regulations For $15 Per Hour Minimum Federal Contractor Pay

Garrett Wozniak
Garrett Wozniak
07/23/2021
Under regulations proposed by the Department of Labor, the minimum hourly wage paid by many federal contractors will increase to $15 per hour on January 30, 2022, and then annually beginning January 1, 2023 to an amount determined by the Secretary of Labor.  The proposed rule, issued following Executive Order 14026, is open for public comment until August 23, 2021, and must be finalized by November 24, 2021.  The current minimum wage is $10.95 per...
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