As the U.S. Supreme Court’s (SCOTUS) 20/21 term wraps up, last week it issued a ruling impacting employers’ employee computer usage policy. In its Van Buren v. United States (No.19-783) case SCOTUS ruled the Computer Fraud and Abuse Act (CFAA) could not be used against employee abuse of company owned computers and databases.
Following the May 25th Occupational Safety and Health Administration's (OSHA) COVID-19 and vaccination guidance revisions, the Equal Employment Opportunity Commission (EEOC) released its technical guidance for employers regarding incentivization of vaccination programs.
On Monday, the Michigan Occupational Safety and Health Agency (MIOSHA) changed its COVID-19 emergency rule on workplace safety protocols following the Governor’s previous announcement of the same more than a week ago. Employers have waited for MIOSHA to catch-up to the Governor’s announcement last week, being caught between the Governor’s office change and MIOSHA’s existing rules published last October.
Michigan reached the first stage of the Governor’s Vacc to Normal plan with over 55% of Michigan’s population now having at least one COVID-19 vaccination. As of May 24th the work from home order will be rescinded. In addition, the Center for Disease Control (CDC) revised its masking rules, and the Michigan Department of Health and Human Services (MDHHS) updated its Gathering and Face Mask Order to coincide with those new rules.
Last week the U.S. Department of Labor officially repealed the Trump rules on independent contractor status. Going back to the Obama Administration, the Trump rules loosened up a very strict or narrow definition of independent contractor that virtually had eliminated most forms of independent contractor status.
As EPTW has previously stated, President Biden is not just a pro-labor supporter in order to get their election endorsement. He is reportedly a true believer.
With the reality that the loss of a loved one can be one of the most difficult challenges a person will ever face, most employers have provided a bereavement benefit consisting of three days (sometimes more) of pay. The historical purpose for this benefit was so an employee could make funeral arrangements but has not historically provided a lot of time for the personal grieving process.
ASE is receiving calls asking whether worker pandemic safety rules are still in effect. Yes, they are. MIOSHA Emergency Rules put in place last October remain in effect until at least April 16th and are, at this point with Michigan cases on the rise, expected to be extended possibly for another six months.
The National Labor Relations Board (NLRB) held that an employer committed an unfair labor practice when it fired an employee for participating in an interview with a journalist about minimum wage law in Arkansas.
Last week the CDC published guidance for employer vaccination programs. The CDC is encouraging employers to promote the value of getting vaccinated as soon as possible. This includes building employee confidence toward getting vaccinated, helping determine when employees can get vaccinated, deciding whether onsite or offsite vaccination programs make sense to promote, and suggestions about how to avoid workers unexpectedly having to be off work due to vaccine side effects.
Vaccine passports, documentation that an individual received a vaccination and is presumably better protected against a virus or has recently been tested and found negative, are being debated and considered by many before allowing employees to return to work. Having one’s shots to travel internationally is not new. But expanding the use of a vaccine passport for entry into concert venues, sport events, or using that passport to come to work is new.
Skill: noun – In the workplace it is “A particular ability that you develop through training and experience and that is useful in a job.”
Skilling: noun/verb – Also in the workplace is “The action of training a worker to do a particular task.”
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