CNN is reporting that President Biden will announce an executive order directing the Department of Labor to draft an emergency rule requiring that all businesses with 100 or more employees ensure all of their workers are either Covid vaccinated, or Covid tested once a week. This goes along with another expected executive order requiring all government employees and employees of government contractors to be vaccinated against Covid-19, with no option of opting out through regular testing.
The legality of the last two (federal employees and federal contractor employees) is not in question. President Biden is absolutely within his authority to mandate as to both.
But as to other employers? If someone wants to explain to me how the Department of Labor can mandate Covid vaccinations or testing for employers, I'm all ears. Because unless I totally misunderstand administrative law (and I don't think I do), that type of measure needs to be enacted via a law passed by Congress and signed by the President, and not by executive order.
This is a developing story, which I will update as necessary. Stay tuned.
If you pass any restaurant these days you'll almost certainly see a sign like this one:
"Now hiring: $________ sign-on bonus."
I've seen that blank filled in with numbers as high a $1,000 to work at a fast-food restaurant.
Employers are paying these bonuses because they continue to struggle to fill job vacancies in the tightest and toughest labor market I've ever witnessed.
If you find yourself in this position, do not forget about the wage and hour implications of these bonus payments, specifically their inclusion in the "regular rate" for purposes of calculating an employee's overtime premium.
Last week I reported on a trial court case out of Butler County, Ohio, in which a common pleas judge granted the wife of a hospitalized Covid patient an order requiring the hospital to administer ivermectin (a livestock de-wormer approved for human use in small doses for the very limited purpose to treat certain parasites and skin conditions) to her husband at her (and her doctor's) request.
On Labor Day, a different judge of that same court reversed the prior ruling and denied a preliminary injunction to the wife. You can read Judge Oster's full order here.
The (loaded) question the court faced was as follows:
Should an injunction be granted to force a hospital to honor the prescription of a doctor that has not seen a patient and has no privileges at said hospital thus forcing the hospital to give ivermectin to a patient when the hospital's doctors, the FDA, CDC, and the AMA do not believe ivermectin should be a recommended way to treat COVID-19?
If you're watching Ted Lasso, you're familiar with the story of Nathan Shelley, kit man turned coach turned Wonder Kid. Season 2 tells a fascinating story about Nate that is still unfolding. His arc has transformed him from a bullied kit man to an abusive coach, and from a loveable underdog to an insufferable a-hole. Episode 7 ended with Nate cruelly unleashing a tirade of anger on his replacement as the team's kitman, Will.
There is little doubt that Nate's mistreatment of Will and others is both uncomfortable to watch and a portrait of horrendous management. But is it illegal?
The answer is no.
If you're in Northeast Ohio, let me suggest four ways for you to spend your time over the next couple of weeks — all involving my daughter and live music.