Religious Exemptions to Mandatory Vaccine Policy

Employees who refuse to take the COVID-19 vaccine for religious reasons are protected by Title VII. Therefore, religious accommodations for the COVID-19 vaccine should be treated like any other religion-based accommodation request. Employers should continue to provide employees with a clear and accessible process for requesting an accommodation and should continue to analyze requested accommodations on a case-by-case basis and offer accommodations when required pursuant to the law and its policies. Importantly, employees requesting such an accommodation need not use any specific phrase, or “magical words,” in order to trigger an employer’s obligations. Employers should keep in mind that all sincerely held religious beliefs may give rise to an accommodation obligation, not only “mainstream” or commonly-known religions.
Continue Reading Granting Religious Accommodations for COVID-19: What Employers Need to Know

Many employees are being asked to return to the office this Summer due to perceptions, true or untrue, about waning COVID infections. As a result, a number of employees are asking to remain remote or telework because they have found a better work-life balance during the pandemic. Before denying these requests due to the “team building” experience of all working in one location, employers should be aware of potential Americans with Disabilities Act (“ADA”) pitfalls.
Continue Reading Remote Work as a Reasonable Accommodation

In the past two years, California lawmakers have focused their efforts on resolving the negative effects of COVID-19 and its variants, placing primary responsibility on employers. Several laws were recently enacted that impact employers in the context of workers’ compensation, workplace safety, and particularly, paid sick leave. California’s paid sick leave laws are daunting. The laws have become increasingly complex with unclear requirements. The following is a summary of the major paid sick leave laws including some of the compliance issues:
Continue Reading The California 2022 Trifecta of Paid Sick Leave Laws: Employers Beware

The Solicitor of Labor has commented that the ETS is expected to be published in the coming weeks. The ETS will go into effect immediately upon publication except for those states with their own OSHA-type laws. Those states will have up to 30 days to conform their laws to the federal edict, and once they do so, the edict will apply to the same employers subject to the federal order, plus other employers the states choose to extend the rule to, such as public employers.
Continue Reading To Vax or Not to Vax: No Longer a Question for Larger Private Employers Under Biden’s Vaccine Mandate