Tennessee News & Analysis

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.

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.

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

NLRB General Counsel announces priorities. Jennifer A. Abruzzo, General Counsel for the National Labor Relations Board (NLRB), in August announced her offices priorities, including an examination of cases and subject matter areas in which, in the last several years, the Board overruled precedent. In the Mandatory Submissions to Advice Memorandum, Abruzzo listed 11 NLRB case areas that she identifies as doctrinal shifts away from previous Board precedent. Those cases involve employer handbook rules, confidentiality provisions in separation agreements, defining the scope of protected concerted activity, union access, and jurisdiction over religious institutions. Other subject areas she would like to examine include cases involving Weingarten rights, employee status, mutual aid or protection, and employer duty to recognize and bargain.