On November 12, 2021, the Fifth Circuit Court of Appeals issued its opinion reaffirming its earlier stay of the OSHA Private Employer ETS. As a result, OSHA has confirmed that it is suspending activities related to implementing and enforcing the Private Employer ETS pending future developments in litigation.
Moving forward, the Judicial Panel on Multidistrict Litigation will randomly designate one circuit court of appeals from among those where lawsuits against the OSHA Private Employer ETS have been filed to consolidate and hear all OSHA Private Employer ETS lawsuits.
Employers typically should assume that a request for religious accommodation is based on a sincerely held religious belief. However, if the employer has a valid and objective reason to request more information from an employee or to doubt the validity of a request, they may ask additional questions, tailored for the individual assessment being conducted.
The EEOC identified the following factors that might undermine the credibility of an employee's claim:
Last week, several clients did what sometimes needs to be done: they terminated an employee’s employment.
Some of the reasons for last week’s terminations included:
Some points to remember when terminating an employee:
HR Partners is thrilled to announce that Lisa Zerbe, one of our most senior Human Resources Advisors, has taken and passed the Society for Human Resource Management - Certified Professional (SHRM-CP) certification examination.
The SHRM-CP examination contains two types of multiple choice questions: stand-alone knowledge-based items that assess a candidate's knowledge and understanding of factual information, and scenario-based situational judgment items that assess a candidate's judgment, application and decision-making skills.
Job descriptions affect multiple aspects of employment. An effective job description should accurately reflect the essential duties and responsibilities of an employee’s position. For many employees, job duties have fluctuated as a result of the pandemic. Employees have cross-trained and absorbed additional duties when co-workers were out of the office due to quarantine or other COVID related reasons. It is important and necessary for employers to review job descriptions and update criteria where necessary.
Accurate job descriptions are instrumental for recruitment, Family Medical Leave Act (“FMLA”) administration, American with Disabilities Act (“ADA”) interactive process facilitation, annual performance evaluations, and Department of Labor Audits.