25 episodes

A podcast covering all aspects of labor and employment law in the United States. Attorney Mark Chumley provides practical insights into the challenges facing businesses today.

The Practical Employment Law Podcast Mark Chumley

    • Business
    • 5.0 • 7 Ratings

A podcast covering all aspects of labor and employment law in the United States. Attorney Mark Chumley provides practical insights into the challenges facing businesses today.

    Federal Vaccine Mandate(s) Update

    Federal Vaccine Mandate(s) Update

    While the OSHA Emergency Temporary Standard mandating vaccines for employers with over 100 employees has dominated the news, there are two other federal mandates that impact many employers: the federal contractor rule issued via executive orders and the Centers for Medicare & Medicaid Services (CMS) Rule applicable to medicare and medicaid recipients.   In this episode, the current status of these rules will be discussed along with some thoughts on what employers should be doing right now to comply or prepare to comply with the rules.

    OSHA ETS: This rule has been stayed by the 5th Circuit and OSHA has agreed to take no further action toward enforcement or implementation until the courts rule on the ETS.  The challenges are now consolidated before the 6th Circuit, which has yet to issue a briefing schedule.  It is likely that even after the 6th Circuit rules, there will be additional litigation that will most likely be resolved by the U. S. Supreme Court.  For now, it seems unlikely that the ETS will go into effect as originally scheduled. 

    Federal Contractor Rule:  This rule requires covered employees be vaccinated by January 18, 2022 but defines fully vaccinated as occurring two weeks after the last dose of a two-dose vaccine or two weeks after the single dose so the actual deadline to have vaccinations completed in January 4, 2022.  The rule is subject to multiple challenges but to date, no stays have been issued so it appears to be going forward.

    CMS Rule:  The CMS rule requires covered workers to be fully vaccinated by January 4, 2022.  This means that first doses of two-dose vaccines must be received by December 6, 2021.  This rule has also been the subject of several legal challenges; like the federal contractor rule, the challenges are pending but no stays have been issued to stop the rule from going into effect on schedule.

    Employers weighing compliance options need to move quickly if they are covered by the federal contractor or CMS rules.  Employers covered by the OSHA ETS should take steps to prepare for compliance but need not act until the legal challenges are resolved or the stay is lifted.

    Listen in for additional information.

    Comments or questions: Contact Mark Chumley at mchumley@kmklaw.com or visit www.kmklaw.com

    Music :
    Jamming with Leon by texasradiofish (c) copyright 2020 Licensed under a Creative Commons Attribution Noncommercial  (3.0) license. http://dig.ccmixter.org/files/texasradiofish/61983 Ft: Scomber

    • 13 min
    OSHA Issues Emergency Temporary Standard (ETS) Requiring Mandatory COVID Vaccines or Weekly Testing

    OSHA Issues Emergency Temporary Standard (ETS) Requiring Mandatory COVID Vaccines or Weekly Testing

    OSHA issued its Emergency Temporary Standard (ETS) effective November 5, 2021. The ETS requires employers with 100 employees or more to require employees be vaccinated or submit to weekly testing and wear masks.  The ETS requires that covered employers begin complying by December 5, 2021 (other than testing) and sets a deadline to begin testing employees who are not fully vaccinated by January 4, 2022. The rule and related materials, including FAQs and policy templates, can be found here: https://www.osha.gov/coronavirus/ets2
    Employers should bear in mind that despite having a short time frame for compliance, the ETS will be subject to immediate legal challenges. This combination of urgency and uncertainty means that covered employers should make planning their approach to the ETS a high priority.

    In this episode, the following questions will be considered:
    What employers are covered?What if employee numbers fluctuate above and below 100 employees?How should companies count the employees of their related entities?What employees are covered?What are covered employers required to do?What are the requirements for employee testing?Who pays for the tests?What are the masking requirements for unvaccinated employees?What must covered employers communicate to their employees?What are the reporting and record keeping requirements?Does the ETS address state laws that prohibit vaccine mandates or otherwise contradict its requirements?You can read more about the ETS here:
    https://www.kmklaw.com/newsroom-publications-1105

    Comments or questions: Contact Mark Chumley at mchumley@kmklaw.com or visit www.kmklaw.com

    Music :
    Jamming with Leon by texasradiofish (c) copyright 2020 Licensed under a Creative Commons Attribution Noncommercial  (3.0) license. http://dig.ccmixter.org/files/texasradiofish/61983 Ft: Scomber

    • 13 min
    Labor & Employment Law Update - Week of 10/11//21

    Labor & Employment Law Update - Week of 10/11//21

    In this new podcast episode, recent cases and news from the world of Labor & Employment Law will be discussed, including:

    OSHA COVID-19  Vaccine Rule - This week, OSHA forwarded their draft Emergency Temporary Standard to the White House Regulatory Office, meaning that the promised rule mandating vaccines for employers with more than 100 employees may be coming soon.  The immediate response to the rule when it is issued may depend on whether your business is in a state that follows federal OSHA guidelines or in a state with its own OSHA approved plan.  Here is the state by state breakdown:

    Federal OSHA states: 

    Alabama, American Samoa, Arkansas, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Guam, Idaho, Illinois, Kansas, Louisiana, Maine, Massachusetts, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New York, North Dakota, Northern Mariana Islands, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Texas, Virgin Islands, West Virginia, and Wisconsin.

    State OSHA plans:

    Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, and Wyoming.

    State OSHA plans (state and local government workers only):

    Connecticut, Illinois, Maine, New Jersey, New York, and the Virgin Islands.

    The NFL and Emails - Jon Gruden resigned as head coach of the Raiders after several inappropriate emails he sent were leaked to the media.  What can businesses learn from this situation?

    Cannabis - New York legalized cannabis use earlier this year including a prohibition against employment discrimination for using it off duty.  The New York Department of Labor has not issued guidance clarifying what actions employers may take.  You can find the guidance here: 
    https://dol.ny.gov/system/files/documents/2021/10/p420-cannabisfaq-10-08-21.pdf

    Listen in to find out what happened with these issues and how your business can avoid problems.

    Comments or questions: Contact Mark Chumley at mchumley@kmklaw.com or visit www.kmklaw.com

    Music :
    Jamming with Leon by texasradiofish (c) copyright 2020 Licensed under a Creative Commons Attribution Noncommercial  (3.0) license. http://dig.ccmixter.org/files/texasradiofish/61983 Ft: Scomber

    • 12 min
    Labor & Employment Law Update - Week of 9/13/21

    Labor & Employment Law Update - Week of 9/13/21

    In this new podcast episode, recent cases and news from the world of Labor & Employment Law will be discussed, including:
    New OSHA Vaccine Mandate Rule – On September 9, the President announced that he is directing OSHA to issue an emergency rule requiring employers with more than 100 employees to require employees to be vaccinated or tested for COVID weekly.  At this point, no rule has been issued and there are more questions than answers but several observations are worth considering.

    Arbitration in California – In U.S. Chamber of Commerce v. Bonta, the Ninth Circuit overturned a lower court’s decision that a state law (A.B. 15), which prohibits employers from requiring employees to waive certain rights as a condition of employment, was in conflict with the Federal Arbitration Act.  This is significant because it means that employers in California cannot require employees to consent to arbitration as a condition of employment. 
    Work From Home Arrangements – The EEOC has filed a federal lawsuit in Georgia over an employer’s denial of an accommodation request by an employee to work from home two days per week.  Work from home arrangements tend to be favored by the EEOC as accommodations and employers need to approach the issue with great care.
     Listen to the new episode of The Practical Employment Law Podcast for insights on these issues and more.
     Comments or questions: Contact Mark Chumley at mchumley@kmklaw.com or visit www.kmklaw.com

    Music :
    Jamming with Leon by texasradiofish (c) copyright 2020 Licensed under a Creative Commons Attribution Noncommercial  (3.0) license. http://dig.ccmixter.org/files/texasradiofish/61983 Ft: Scomber

    • 11 min
    Five Legal Things That Lead to Employment Litigation

    Five Legal Things That Lead to Employment Litigation

    Avoiding illegal conduct is always a good strategy for avoiding employment litigation.  However, there are many legal things that employers and managers do that can also lead to litigation.  Here are five things that often lead to employment litigation:
    1.            Workplace Romances – while consensual relationships in the workplace are not illegal, they often lead to litigation when they end.
    2.            Nepotism – giving preferential treatment to friends and family in the workplace is legal but it often leads to unfairness and drives aggrieved employees to court.
    3.            Not Enforcing Policies – with a few exceptions (such as EEO policies), employers are not legally obligated to enact policies or follow their policies.  Nevertheless, employers should avoid enacting policies they will not or cannot enforce.
    4.            Conflict Avoidance – no one likes conflict but failing to address issues, even issues that don’t seem to violate workplace rules, often leads to litigation.
    5.            Being a Jerk – technically, it is not illegal to be a jerk but even an equal opportunity jerk with no discriminatory animus will land you in court.
     Listen to the new episode of The Practical Employment Law Podcast for insights on these issues and more.

    Comments or questions: Contact Mark Chumley at mchumley@kmklaw.com or visit www.kmklaw.com

    Music :
    Jamming with Leon by texasradiofish (c) copyright 2020 Licensed under a Creative Commons Attribution Noncommercial  (3.0) license. http://dig.ccmixter.org/files/texasradiofish/61983 Ft: Scomber

    • 9 min
    Labor & Employment Law Update - Week of 8/16/21

    Labor & Employment Law Update - Week of 8/16/21

    In this new podcast episode, recent cases and news from the world of Labor & Employment Law will be discussed, including:
    Transgender Employee Issues – Two new cases from Illinois involve claims of discrimination by transgender employees.  In Hobby Lobby v. Sommerville, an employee was denied access to the women’s restroom and in Todd v. JB for Governor, a campaign worked claims that she was included in a reduction in force because of transphobic bias.
    Religious Discrimination – In Rivas v. Caesar Enterprise Services, a casino employee was terminated for refusing to work on her religion’s Sabbath day despite requesting an accommodation.  In Starkey v. Roman Catholic Archdiocese of Indianapolis, a guidance counselor at a Catholic high school brought a discrimination claim when her contract was not renewed because she was in a same sex marriage.
    Dress Code and Politics – The NLRB recently filed a complaint against Home Depot for discriminating against an employee who wore a Black Lives Matter slogan on his work apron.  
    Listen to the new episode of The Practical Employment Law Podcast for insights on these issues and more.
    Comments or questions: Contact Mark Chumley at mchumley@kmklaw.com or visit www.kmklaw.com
    Music :
    Jamming with Leon by texasradiofish (c) copyright 2020 Licensed under a Creative Commons Attribution Noncommercial  (3.0) license. http://dig.ccmixter.org/files/texasradiofish/61983 Ft: Scomber

    • 17 min

Customer Reviews

5.0 out of 5
7 Ratings

7 Ratings

AugustEndeavors ,

Solid Advice From a Great Trial Lawyer

This a solid law podcast, not just for employers and HR professionals, but for other employment lawyers. Chumley is basically sharing his vast real world experience in employment litigation in short 15-min segments. It is definitely worth your time and attention.

CincyMarlette ,

Clear, concise and timely

Nicely done, informative with actionable items. I need to update my COVID plan.

Top Podcasts In Business

You Might Also Like