Employment Law — Blog — Whitman Legal Solutions LLC

Private Employers Often Can Restrict Political Speech at Work

Employees have no First Amendment freedoms in a private workplace. Although federal law does not protect political speech in the workplace, state or local laws may include those protections.

Employment LawElizabeth WhitmanDecember 26, 2023employment discrimination, political speech, race discrimination, national origin discrimination, ancestry discrimination, 2024 Presidential Election

What Parties Need to Know About Non-Competition, Non-Solicitation, and Non-Circumvention Provisions

Non-competition, Non-solicitation, and Non-circumvention provisions frequently appear in employment agreements, but they also can be useful in joint venture agreements or in a contract for the sale of real estate or a business. Understanding the difference between these provisions and how each should be used is essential to protecting the parties' needs.

Business Law, Contracts, Employment LawElizabeth WhitmanApril 20, 2023non-competition, non-solicitation, non-circumvention, employment agreement

EEOC Updates Guidance for Workplace Screening for COVID-19

The EEOC has updated its guidance to explain when employers may screen an employee for COVID-19 before entering the workplace or returning to work after being infected with COVID-19.

Employment LawElizabeth WhitmanAugust 28, 2022COVID-19 test, COVID-19, employment discrimination

Can Employers Stop Employees from Taking a Stand on the War in Ukraine or Require Them to Support the Employer’s Position?

The war brought about an outpouring of support for Ukraine, as well as anger toward Russia. Although employers can ban all political speech, content-based employer restrictions may violate employment discrimination laws.

Employment LawElizabeth WhitmanMarch 20, 2022Ukraine, Anasthsaia Kobekina, alexander malofeev, employment discrimination, national origin discrimination, race discrimination

Back to the Beginning -- 6th Circuit Lifts Stay on OSHA Vaccination Mandate

With the 6th Circuit's removal of the 5th Circuit's stay on OSHA's vaccine mandate, employers with more than 100 employees must act quickly to create and implement policies and procedures implementing the mandate.

Employment LawElizabeth WhitmanDecember 18, 2021COVID-19 vaccine mandate, COVID-19, COVID-19 vaccination mandate, vaccination mandate, vaccine mandate, COVID-19 test

“Vexations” and Uncertainty in Workplace COVID-19 Vaccine Mandates

The United States Court of Appeals for the Fifth Circuit recently stayed application of OSHA's vaccine, testing, and mask mandate for private employers having more than 100 employees. However, the future for those mandates remains uncertain.

Business Law, Employment LawElizabeth WhitmanNovember 19, 2021vaccine mandate, COVID-19 vaccine mandate, face mask, COVID-19, ETS, BST v. Department of Labor, vexations, eric satie

Religious Accommodations Required for COVID-19 Vaccine Mandates

The Biden Administration is mandating COVID-19 vaccinations for many private-sector employees. When employees object to vaccination on religious grounds, employers must determine whether the employee's objection is based upon religion, rather than on political, social, or personal preferences. This article discusses the EEOC’s latest guidance on employer responses to requests for religious accommodations from vaccine mandates.

Coronavirus, Employment LawElizabeth WhitmanOctober 31, 2021COVID-19, coronavirus, COVID-19 vaccine, vaccine mandate, COVID-19 vaccine mandate, sincere religious beliefs

Employers Can Require COVID-19 Vaccines

Employers can require COVID-19 vaccinations for most employees as a condition to remaining employed. Employees whose employment is terminated because they refused to get vaccinated usually will not be eligible for unemployment benefits.

Coronavirus, Employment LawElizabeth WhitmanAugust 17, 2021COVID-19, COVID-19 vaccine, unemployment

COVID-19 and Age Discrimination

Employers should make sure they do not commit age discrimination when making pandemic-related decisions regarding layoffs, telecommuting, and other changes in working conditions.

Coronavirus, Employment LawElizabeth WhitmanAugust 14, 2020COVID-19, coronavirus, age discrimination, ADEA, ADA, disability discrimination, Americans with Disabilities Act, Age Discrimination in Employment Act, Angelo Badalamenti, twin peaks

COVID-19 Presents Disability Discrimination Issues

Employers must balance the need to keep employees from COVID-19 with employment discrimination laws.

Business Law, Coronavirus, Employment LawElizabeth WhitmanJuly 17, 2020COVID-19, coron, disability discrimination, Americans with Disabilities Act, clayton haslop, focal dystonia, employment discrimination, reasonable accommodation, face mask, pandemic, pandemic preparedness, EEOC

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Our award-winning blog draws from Elizabeth Whitman’s background in and passion for classical music to illustrate creative solutions for complex legal challenges for businesses and real estate investors.