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Tracey Diamond counsels clients on workplace issues, provides harassment training, conducts internal investigations, drafts policies and procedures, negotiates employment and severance agreements, advises on independent contractor, FMLA and ADA compliance issues, and partners with clients to structure their workforce in the most efficient and effective way possible.

Q: Did the U.S. Supreme Court issue a ruling in the challenge to OSHA’s vaccine and testing emergency temporary standard (ETS) and CMS interim final rule (IFR)?

A: Yes. On January 13, the Court granted the applications for stays of the OSHA ETS. Conversely, the Court granted the federal government’s request to overturn the injunctions that had halted the IFR.
Continue Reading US Supreme Court Issues Rulings in Challenge to OSHA Vaccine and Testing ETS and CMS Interim Final Rule

Q. My company uses dash-cams to monitor driver conduct, but the company is not located in Illinois. Do I still have to comply with the Biometric Information Privacy Act?

A. Yes, as long as the company has drivers who are Illinois residents, you must comply with BIPA. The good news, however, is that as long as your company fully complies with the statute, it can continue to use telematics.


Continue Reading Drivers’ Telematics Violates BIPA

Q: Now that DOL-OSHA announced its COVID-19 vaccine ETS for private-sector workers, what does my company need to do to adhere to the guidelines?

A: On November 4, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced an emergency temporary standard (ETS), containing the anticipated COVID-19 vaccination rule covering private companies with 100 or more employees. The ETS became effective immediately on November 5 upon its publication in the Federal Register. On November 6, the Fifth Circuit Federal Court of Appeals granted an emergency motion to stay enforcement of the ETS effectively nationwide, pending further action by the court, which could come as early as November 9 at 6 p.m. ET. Other challenges to the ETS’s enforcement have been filed in the Eighth, Sixth, and Eleventh circuits thus far.


Continue Reading DOL-OSHA Announces New COVID-19 Vaccine ETS for Private-Sector Workers

Q. Have any court rulings upheld the denial of requests for exemption from the COVID-19 vaccine?

A. Yes. Coming on the heels of President Joe Biden’s plan to require millions of workers to receive COVID-19 vaccinations, many employers either have already implemented or have begun implementing vaccine mandates. As expected, these mandates have triggered some employee pushback, particularly from those requesting an exemption from the vaccine requirement based on a disability or religious belief. While there have not been many published decisions on this issue yet, one recent decision from the Pennsylvania Court of Common Pleas provides guidance to employers in determining whether a request for exemption from a vaccine mandate based on a religious belief must be accommodated.


Continue Reading Pennsylvania State Court Rules That Private Employer May Deny Exemption Request From COVID-19 Vaccination

Q: What do employers need to know about the Biden administration’s new vaccine mandate?

A: Following the Biden administration’s September 9 announcement, employers are brimming with questions about the forthcoming White House COVID-19 vaccination mandate plan. Must all employers mandate the vaccine? Which employees are covered? When will the requirements take effect? What steps should employers take now to prepare? These and many other questions are yet to have complete answers. With the new rules expected to impact as many as 100 million workers (and with them, a significant number of businesses), employers should begin to prepare as soon as possible. Here’s what we know and what employers need to consider.


Continue Reading Biden Administration Announces Vaccination Mandate Rules

Q: Does the ADA apply to internet-only businesses?

A: The U.S. District Court for the Eastern District of New York recently ruled that the Americans With Disabilities Act (ADA) does not apply to websites that maintain no connection to a brick-and-mortar retail location based on a strict construction of the statutory language. Currently, the circuits are split as to the standard to be met for the ADA to apply to a website, and it remains to be seen whether the Second Circuit or other federal district courts will adopt the same rationale to afford a safe harbor for web-only retailers.
Continue Reading NY District Court Rules ADA Does Not Apply to Internet-Only Businesses

* Faith Simms is a 2021 summer associate at Troutman Pepper. She is not admitted to practice law.

Q: Can an employer be found liable for terminating an employee for misconduct after an investigation initiated by a biased supervisor?

A: In a recent decision issued by the Seventh Circuit, Vesey v. Envoy Air, Inc., the court held that the employer was not liable under the cat’s paw theory even though the investigation leading to the employee’s termination was initiated by a biased manager. The cat’s paw theory of liability applies to circumstances where a biased individual, who lacks decision-making power, influences the decision-maker into taking adverse employment action against the employee.


Continue Reading Seventh Circuit Dismisses Retaliation Claim Brought Under Cat’s Paw Theory of Liability

Register Here
Thursday, July 15 • 2:00 – 3:30 p.m. ET

Please join members of the Troutman Pepper Labor and Employment and Employee Benefits and Executive Compensation Teams, along with guest Steve Kapper, Associate Client Partner at Korn Ferry, as they discuss the “new” workplace and how to prepare for the next pandemic/economic recession.

Our

* Michael T. Byrne is a 2021 summer associate at Troutman Pepper. He is not admitted to practice law.

Q: Are California employers required to rehire employees they laid off for reasons related to the COVID-19 pandemic?

A: Yes, but only if the employer falls within certain industries and establishes an open job position for which one of its laid-off employees is qualified. Under California’s Senate Bill No. 93 (SB 93), if a covered employer opens a job position and has previously laid off workers due to reasons related to the COVID-19 pandemic, the employer must first offer the position to eligible laid-off employees within five days of establishing the position.


Continue Reading California Provides Right to Recall to Certain Employees Laid off Due to COVID-19