Compliance Stuff

With the growing popularity of smart glasses and other wearable technology, we have heard a growing number of questions from clients concerned about employees’ use of these devices at work . Some concerns relate to potential recording of confidential business information or co-worker privacy issues, while other employers believe that employees are using the devices to watch videos or engage in other time-wasting activities . These clients have asked about their ability to limit or ban the use of wearable technology devices at work. In general, employers have the ability to create policies that restrict use of these devices. Companies have legitimate business reasons to protect their confidential information from disclosure. The policy can also address productivity and employee privacy concerns. If a worker claims that the device is needed as an accommodation for a disabling medical condition, the employer should review the request, determine if it presents an undue hardship, and put i...

In the never-ending saga of COVID-19 vaccination employment litigation, a newly filed lawsuit in the U.S. District Court for the Northern District of Georgia underscores the ongoing legal challenges employers face when enforcing COVID-19 vaccine mandates, particularly in remote work settings. The case,  Thomas-Andre v. Kaiser Foundation Health Plan of Georgia Inc. , centers on an employee’s claim that she was unlawfully terminated after her religious exemption request to Kaiser’s COVID-19 vaccination policy was denied. Background of the Case The plaintiff is a practicing Seventh-day Adventist who worked as a remote care manager for Kaiser. According to the complaint, she performed 100% of her job duties from home and had no direct interaction with patients or coworkers. In August 2021, Kaiser implemented a mandatory COVID-19 vaccination policy for all employees. The policy allowed for religious exemptions and pledged to engage in an interactive process with employees who submitted ...

On September 30, the U.S. Department of Justice (DOJ) announced an $875,000 settlement with a university over failures to comply with the data security obligations in certain contracts with the Air Force and the Defense Advanced Research Projects Agency (DARPA) . This announcement, along with several other recent settlement announcements by the DOJ and its  Civil-Cyber Fraud Initiative , highlights the contract compliance risks for government contractors and subcontractors who handle sensitive government information and yet fail to comply with the federal government’s cybersecurity requirements.   The university’s case and several like it involve compliance with the requirements of  DFARS 252.204-7012  (Safeguarding Covered Defense Information and Cyber Incident Reporting). This DFARS clause is a federal regulation that establishes minimum standards for how defense contractors and subcontractors must protect sensitive government information and report cybersecur...

Reports of the demise of the Equal Employment Opportunity Commission’s enforcement of traditional discrimination claims may have been exaggerated. Last week, the commission announced settlement of claims made against Sinclair Broadcast Group alleging race discrimination involving pay disparities with a Black female employee. In addition to paying $100,000, the employer agreed to adopt policies stating it does not prohibit employees from discussing or disclosing their pay. In the past, employers frequently enforced policies prohibiting workers from discussing or comparing their salaries. In recent years, both the EEOC and National Labor Relations Board have taken the position that federal labor laws prohibit policies that restrict employees' ability to compare their pay or disclose that information to third parties . The NLRB stated that such information is a form of protected concerted activity, while the EEOC concluded that employees who believe that they are the subjects of pay ...

The Occupational Safety and Health Administration (OSHA) is facing scrutiny over the alleged removal of numerous workplace safety documents from public access, particularly those containing words such as "diverse," "diversity," and "gender." A recent letter from the Democratic members of the House Committee on Education and Workforce to Vince Micone, acting secretary of the U.S. Department of Labor (DOL) raises concerns that this purge is linked to new executive orders from the Trump administration. According to the letter, OSHA has taken down guidance on key workplace safety issues, including: Toxic chemical exposure protections for emergency responders. Workplace violence prevention in health care facilities. Ergonomic hazard identification in nursing homes, shipyards, and retail grocery stores. Employer compliance resources for OSHA standards. The common denominator among these documents appears to be the inclusion of language related to diversity, gend...