North Carolina News & Analysis

  • Answers to 13 common questions about new federal vaccine, testing mandates

    From: North Carolina Employment Law Letter | 11/01/2021
    by Amy Jordan Wilkes and Nafela Hojeij Helou, Burr & Forman LLP

    When President Joe Biden recently announced a six-pronged strategy to contain COVID-19's spread, one of the most notable measures was a vaccination and/or weekly testing mandate affecting employers and employees nationwide. We still don't know many details, but here are answers to some of the most common questions we've received since the mandates were announced.

  • What employers should know about Juneteenth, America's newest national holiday

    From: North Carolina Employment Law Letter | 11/01/2021
    by Andrew D. Tingan, Butler Snow LLP

    Holidays are a reflection of our collective values. As a society, we hope they signal what—and sometimes whom—we as a nation should commemorate. Over the summer, we observed Juneteenth for the first time, collectively recognizing the official end of slavery in the United States. To learn more, read on.

  • 5 ramifications from Biden's new vaccine, testing rules

    From: North Carolina Employment Law Letter | 11/01/2021
    by Michael J. Moore, Steptoe & Johnson PLLC

    On September 9, 2021, President Joe Biden unveiled a COVID-19 action plan requiring all employers with 100 or more employees to either mandate the coronavirus vaccine or confirm negative test results for unvaccinated employees on a weekly basis. The announcement has sweeping implications for employers trying to fend off fatigue from the pandemic while maintaining a safe working environment for employees and customers.

  • What to do when employees claim religious exemption from vaccine mandates

    From: North Carolina Employment Law Letter | 11/01/2021
    by H. Rowan Leathers and Kara E. Shea, Butler Snow LLP

    Although most employers were hesitant to implement vaccine mandates after the initial rollout of the COVID-19 shots, the still-surging pandemic (driven by the highly contagious delta variant) has caused many companies to rethink their position. Exemptions may be available, however, to those who can demonstrate a medical condition or sincerely held religious belief barring them from complying with any mandate.

  • OSHA updates COVID-19 workplace safety guidance

    From: North Carolina Employment Law Letter | 11/01/2021
    by Elizabeth C. Stephens, Axley Attorneys

    The Occupational Safety and Health Administration (OSHA) recently updated its guidance on mitigating and preventing the spread of COVID-19 in the workplace because of the high incidence of the delta variant infections occurring throughout the country. The agency's updated guidance is advisory in nature and informational in content and is "intended to assist employers in providing a safe and healthful workplace free from recognized hazards that are causing or likely to cause death or serious physical harm." OSHA's updated guidance is primarily aimed at non-healthcare employees, whose workplaces are subject to its mandatory COVID-19 Emergency Temporary Standard. The updated guidance also incorporates additional safety measures for higher risk workplaces.

  • Staffing up during the pandemic: a few tips

    From: North Carolina Employment Law Letter | 10/18/2021
    by Tammy Binford

    Many employers were optimistic earlier in the year when the COVID-19 vaccination program ramped up in a big way and case counts seemed to be on the decline. Restrictions were eased, and light seemed to appear at the end of the tunnel.

  • Some ideas for performance evaluations as the pandemic continues

    From: North Carolina Employment Law Letter | 10/18/2021
    by Tammy Binford

    The COVID-19 pandemic continues to disrupt many facets of employment, including how managers and employees communicate about performance. Like last year, employers are struggling to decide how to assess employee performance when so much of the workforce is nowhere near back to normal. The "annual review" process was under attack in many circles before the pandemic struck, but its shortcomings are now even more evident. What should employers do? Here are a few ideas.

  • Some jobs types may need drug screening more than others, and thats OK

    From: North Carolina Employment Law Letter | 10/18/2021
    by Marcus D. Black, Steptoe & Johnson PLLC

    Q Can we mandate a drug screening upon hire for some job types and not others?

  • If you ask about COVID vaccine status when hiring, dont violate ADA

    From: North Carolina Employment Law Letter | 10/18/2021
    by Lindsay Burley, Steptoe & Johnson PLLC

    Q In interviews with prospective employees, can we ask about their COVID-19 vaccination status?

  • Cutting-Edge HR

    From: North Carolina Employment Law Letter | 10/18/2021

    Survey highlights employer worries about exodus of talent. A survey from outplacement firm Challenger Gray & Christmas Inc. shows 68% of companies are worried about an exodus of workers. Why? The researchers say 75% of companies reported workers wanting more flexibility and 59% cited worker burnout. Women are pushing back more than any other group, according to Challengers report. Over 81% of companies reported facing pushback to the return to the office, primarily coming from mothers and women. The survey reported 29% of employers cited childcare as an issue fueling workers desire to leave their jobs. Another 9% cited mental health concerns. Survey participants also were asked if they were offering new incentives to keep talent. Sixty-three percent said they were. Incentives offered include flexible work hours, remote work options, hybrid work arrangements, higher pay, and cash bonuses.