The Legal Line®

EEOC Updates Guidance on Covid-19 Vaccines and the Workplace

May 28, 2021

The EEOC today has confirmed that an employee’s vaccine status is confidential medical information under the ADA (although it may not be under HIPAA). Here is the EEOC’s statement in that regard: K.4.  Is information about an employee’s COVID-19 vaccination confidential medical information under the ADA?  (5/28/21) Yes.  The ADA requires an employer to maintain the … Read more

Hospitality Demands Responsibility

April 14, 2021

In “Redefining Hospitality, for All”, the New York Times provides some important insight but also some maddening misconceptions about the status and future of the hospitality industry.  The writer fairly points out how difficult restaurant work can be for workers and business owners, but it misdirects focus to the tip credit and misstates how it … Read more

DOL Delays Tip Credit and Independent Contractor Rules

March 9, 2021

The U.S. Department of Labor (“DOL”) recently announced the delay of the effective date of a pair of important regulations published at the end of the Trump administration.  These regulations were propounded in December, 2020, and early January, 2021, respectively, right before President Biden’s inauguration.  Just when the pandemic seemed to be coming under control … Read more

Don’t just get even, or you might just get sued.

February 27, 2021

Retaliation was far and away the most frequently cited claim in charges filed with the EEOC in 2020, followed distantly by disability, race and sex in that order in a close scrum. Retaliation stood at 55.8% of all charges filed. Here the numbers in descending order of frequency: Retaliation: 37,632 (55.8 percent of all charges … Read more

Massachusetts Passes Campus Sexual Assault Law

February 4, 2021

Colleges and universities have already had to adjust to many changes this year.  In the middle of the COVID-crisis, the U.S. Department of Education finalized new Title IX regulations (summarized in this VAC blog post).  Now Massachusetts colleges and universities have additional rules to contend with. Last month, Massachusetts passed new legislation addressing the obligations … Read more

Final DOL Rule on Tip Pooling and Sharing

January 13, 2021

The DOL recently announced its final rule regarding when and how, if at all, employers can share tips with cooks, servers and others on the restaurant team. Among other things, the Department: removes prohibitions for those employers that do not take a tip credit from implementing mandatory “nontraditional” tip pools; prohibits employers from keeping employees’ … Read more