Last week, the National Labor Relations Board (NLRB) modified its standard for addressing the discipline of employees who engage in abusive behavior while also participating in protected activity. The new standard applies the Board’s well-known Wright Line test which has long been used by the board in mixed-motive cases. The previous fact-specific tests for such situations often made it challenging to maintain workplaces that were free of harassment and discrimination.

Question: Should I have my employee sign a COVID-19 waiver?

Answer: It is not recommended as these waivers are limited in their effectiveness and may have other negative consequences.

OSHA Guidance on Reopening

OSHA has issued guidance to assist employers in reopening non-essential businesses and their employees returning to work during the evolving coronavirus pandemic.

The Office of Management and Budget approved the Office of Federal Contract Compliance Programs’ (OFCCP) updated form for prospective and current employees to voluntarily self-identify as an individual with a disability.