Monday, September 28, 2020

What one debate question would you ask each candidate?


Tomorrow night, a mere 16 miles from my home, President Trump and Vice President Biden will step in front of the cameras to make their respective cases to America in the first of three debates. Eight years ago, some of my blogging friends and I got together to propose the debate questions we'd ask each of the candidates if we had the power to do so. Given the current state of our Republic and what's at stake when we vote, we thought it would be a good idea to revisit this collective idea and do it again. 

Here is are my "one questions" for President Trump and Vice President Biden.

Friday, September 25, 2020

Coronavirus Update 9-25-2020: The show must go on


This year has been challenging for everyone. COVID-19 has forced everyone to be innovative with everything. Case in point, high school theater. 

Tonight and tomorrow Norah will make her theater debut in Lake Ridge Academy's performance of The Brothers Grimm Spectaculathon. Norah is playing multiple roles, including what I'm told is a hilarious Crab Person and Little Red (I believe it's red as in the color of her MAGA hat, and not red as in the color of her hood).

Thursday, September 24, 2020

Coronavirus Update 9-24-2020: Comorbidities, Covid-19, and your employees


Let's talk about comorbidities. A comorbidity is the simultaneous presence of two chronic diseases or conditions in a patient. In the case of COVID-19, certain comorbidities are known to increase one's risk for a more severe illness.

Wednesday, September 23, 2020

DOL publishes proposed regulations that would make it easier for employers to classify workers as independent contractors


Yesterday, the U.S. Department of Labor announced a proposed rule amending its regulations on how to determine whether a worker is an employee covered by the Fair Labor Standards Act or an independent contractor not covered by the FLSA. This proposed rule is significant because the FLSA lacks clear guidance on these important definitions, which has left employers struggling, scrambling, and risk-taking to properly classify workers for purposes of paying overtime and other wage/hour obligations.

Tuesday, September 22, 2020

“Religious freedom” ≠ freedom to discriminate (but sometimes it must be accommodated anyway)


The EEOC has sued an Arkansas Kroger after it fired two of its employees for allegedly objecting to its new dress code that required employees to wear an apron that contained rainbow-colored heart insignia. 

According to the EEOC, the women believed the insignia endorsed LGBTQ values, which contradicted their personal religious beliefs. As an accommodation, one offered to cover the insignia and the other offered to wear a different apron without it. The EEOC says that Kroger refused their accommodation requests, disciplined them, and ultimately fired them.  

Monday, September 21, 2020

Coronavirus Update 9-21-2020: the CDC continues to create a mess for employers on testing; and a word on RBG


Last Friday, the CDC yet again updated its guidance for COVID-19 testing. If you're keeping count, this is the CDC's fifth set of testing rules.

What's changed? 
Due to the significance of asymptomatic and pre-symptomatic transmission, this guidance further reinforces the need to test asymptomatic persons, including close contacts of a person with documented SARS-CoV-2 infection.

Friday, September 18, 2020

Coronavirus Update 9-18-2020: advocacy for others as protected conduct under the ADA


In Kirilenko-Ison v. Board of Education of Danville Independent Schools, the 6th Circuit Court of Appeals held that an employee who engages in advocacy with their employee regarding the rights of a disabled third-party engages in activity that the ADA protects from retaliation. 

That case involved two school nurses fired alleged for advocating for the rights of their disabled students. It's not difficult, however, to see how this holding translates to a situation involving, for example, COVID accommodations for employees