Coronavirus Update 9-3-2020: County health department fires five for quarantine order violation

Erie County, Ohio, has fired five health department employees for violating a quarantine order. What happened? Fox 8 provides the details:

Five Erie County General Health District employees are now out of a job after allegedly attending a pool party thrown by a worker, who was supposed to be quarantined.

"I am not going to tolerate it as a health commissioner and the board isn't going to tolerate it as our appointing authority," said Erie County Health Director Peter Schade. "How can we expect folks to follow an order when our own staff didn’t do it?"

Schade said the incident happened in early July after three workers were exposed to COVID-19 and placed on work quarantine orders.

Coronavirus Update 9-2-2020: Ohio set to activate COVID-19 liability shield for businesses

Both houses of Ohio's legislature have passed legislation that will grant a liability shield to businesses for claims related to COVID-19 exposure or infection.

The legislation, which Governor DeWine has indicated he will sign into law, would grant immunity from civil actions for damages based in whole or in part that an injury, death, or loss to person or property was caused by the exposure to COVID-19, unless one can prove that the exposure was by reckless conduct, intentional misconduct, or willful or wanton misconduct on the part of the person or entity sued.

Coronavirus Update 9-1-2020: Vaccines — can an employer require them; should an employer require them?

There are currently more than two dozen COVID-19 vaccines in development world wide, as pharmaceutical companies race to perfect a viable vaccination to halt the ongoing pandemic. 

When (and it's a big when) one or more vaccines becomes available, can an employer require it of their employees as a condition of employment? 

Coronavirus Update 8-28-2020: New music Friday / Old 97’s, “Twelfth”

"You know that feeling when you reunite with an old friend and it feels like nothing's changed? That feeling of comfort and camaraderie is kind of what it's like listening to Old 97's." That's how Raina Douris, the host of WXPN's World Cafe, recently described my favorite band when introducing her interview with their frontman, Rhett Miller. It's as if she read my mind every time I hear an Old 97's song.

Last Friday, Old 97's released their twelfth studio album, appropriately titled, "Twelfth." I've listened to it at least that many times since it released, and it already stands among their best (which from me is very high praise).

A pisser of an invasion-of-privacy case: Ohio Supreme Court find no cause of action when employer watches an employee give a urine sample for a drug test

Is the privacy of an at-will private-sector employee invaded when a representative of the employer watches him or her give a urine sample for a workplace drug test?

Yesterday, in Lunsford v. Sterilite of Ohio, the Ohio Supreme Court answered this question in the negative.

Coronavirus Update 8-26-2020: New DOL guidance explains employers’ obligation to track compensable telework time

With more employees working from home than ever before (thanks to COVID-19), employers are facing the new reality of tracking working time for remote workers and paying for that time.

The DOL recently published a new Field Assistance Bulletin explaining the obligation of employers to pay for non-exempt employees' "working time" and the obligation of those employees to track this time. It's not a change in the law, but instead a great reminder of the obligations the FLSA imposes on employers and employees. 

Coronavirus Update 8-25-2020: This example of WFH is WTF

Alison Green, who pens the super engaging and helpful Ask A Manager blog, reached out to me to help with a reader question.

You should jump over to Alison's post to read the whole bonkers scenario, but the TL;DR is that an employee's spouse asked about the legality of an employer-installed app on her work-from-home husband's phone that audio recorded everything happening in the home (whether work related or not).