A major question prior to the publication of OSHA’s ETS was whether employers could require employees to pay for COVID-19 tests. We now know the answer: “maybe.”
Jonathan.Segal
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Jonathan A. Segal is a partner at Duane Morris LLP in the Employment, Labor, Benefits and Immigration Practice Group . He is also the managing principal of the Duane Morris Institute . The Duane Morris Institute provides training for human resource professionals, in house counsel, benefits administrators and managers at Duane Morris, at client sites and by way of webinar on myriad employment, labor, benefits and immigration matters. Read Jonathan's blog at the Duane Morris Institute or follow him on Twitter @Jonathan_HR_Law .
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Jonathan Segal
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Articles by Jonathan Segal
Last week was the first episode of Survivor, Season 41. I have not missed an episode in 40 seasons, except one episode in Season 7 in the Pearl Islands. I suppose that makes me a fan.
Of course, it’s “only” reality TV (or so I am told). But its reality sometimes mirrors workplace realities.
Last week was no exception. If you unfortunately missed last week, let me catch you up before you tune in tonight.
This season, the rules of the game have changed in so many ways. But that’s not the focus of this blog.
September 29, 2021
This year, Holocaust Remembrance Day (Yom HaShoah) is Thursday, April 8, 2021.
With each year, my sense of urgency on this issue grows, and for good reason. According to a nationwide survey in 2020, 10 percent of those under the age of 40 reported that they did not recall hearing the word “Holocaust.” Other statistics, including the percentage of respondents blaming Jews for the Holocaust, are even more disturbing:
April 5, 2021
There are many legal and cultural issues employers need to consider in deciding whether and how to mandate COVID-19 vaccines of some or all employees. This blog addresses but one issue—potential exemptions.
March 10, 2021
We all know that the wearing of masks is an essential element in helping to prevent the spread of COVID-19. As with many safety precautions, however, the specifics of what is required continues to evolve relative to masks, and employers need to keep up with the evolving legal requirements as well as public health and other guidance.
February 23, 2021
Originally published April 4, 2017
I like to read and re-read blogs on leadership. They are helpful reminders on what I need to keep doing (or not doing) and where there are opportunities for personal growth. Although expressed from different perspectives, the articles often cover the same attributes or competencies that we rightfully expect from good leaders.
February 22, 2021
Yesterday, the Centers for Disease Control and Prevention (CDC) redefined “close contact” for purposes of potential higher risk of exposure to COVID-19.
Until yesterday, the CDC had defined closed contact generally as 15 consecutive minutes within six (6) feet of someone who having (or suspected as having) COVID-19. The operative word for this blog is “consecutive.”
October 22, 2020
When the pandemic first hit hard in the United States—a lifetime ago, early March—we focused on travel from China, then South Korea, then Italy and so on. Our focus was on the quarantine of employees who had engaged in international travel.
July 20, 2020
If you want to avoid a painful and unproductive July 6, read this:
For many of us, pets are part of the family. In the era of COVID-19, the centrality of pets to many of lives has become even greater.
Our pets have helped many of us through a hard day. This weekend we need to protect them.
Of course, I am talking about fireworks. Simply put, they terrorize many animals.
July 3, 2020
Most employers are engaging in some sort of screening for COVID-19 before an employee can enter the workplace.
In some jurisdictions, the screening is required by law. Even where not required by law, most employers have some screening program to mitigate the risk of infection (and liability).
June 29, 2020
“Don’t be afraid.”
The leader who says this to an employee either is very much afraid or lacks even a scintilla of empathy. In either case, the statement (or response) is so bad.
First, it is remarkably disrespectful. Don’t tell people how to feel!
March 23, 2020
We all know that the initial purpose of Valentine’s Day was for individuals to express their love to those whom they love in a non-platonic way. I was tempted to say romantic, but I once had a manager deny there was any romantic relationship because “it was only sex.”
February 14, 2020
One of the many conventional wisdoms in HR is that it is important to increase the diversity of the applicant pool by posting positions and recruiting externally. I could not agree more, except when I disagree.
Let’s look at the case of the vacant Marketing Director position of Company ABC. Renee is a Vice President of Marketing and wants to promote Alexa into the vacant position.
October 29, 2019
This week is suicide prevention week. The problem is much more serious than many realize.
According to the Centers for Disease Control and Prevention (CDC) WISQARS Leading Causes of Death Reports, in 2017:
September 10, 2019
When I used to eat meat, my favorite food was a hamburger (with French fries). I don’t think I would have been as enthusiastic if I had to order chopped cow.
I had dinner with someone eating sushi. I asked them if they would enjoy it as much if they had ordered raw fish. I owe them a dinner.
July 16, 2019
If you want to avoid excessive absenteeism on July 6, read this:
Fireworks on July 4 terrorize animals.
Every year, pets (particularly, but not only, dogs) left outside run away. Some are killed by cars. Others end up in shelters with uncertain fates.
Please keep your pets inside during fireworks. Consider putting in a room with shades closed, soft music, favorite food, etc.
July 3, 2019
Some suggestions for staying out of trouble as you have fun at the 2019 SHRM Annual Conference and Exposition (#SHRM19) in Las Vegas:
Connecting
Want to connect with someone?
Make sure you talk about meeting up, not hooking up.
Less you wish to be the subject of a “metoo” claim.
Extracurricular activities
June 17, 2019
Every year, I write a blog for SHRM on Holocaust Remembrance.
This year, Holocaust Remembrance Day (Yom HaShoah) is next week on May 2, 2019.
This year, we are posting the blog early. Reason: so HR has time to consider some sort of Holocaust commemoration.
April 23, 2019