January 20, 2022

Labor and Employment Newsletter

3 min


Supreme Court Brings Clarity to Federal Vax Mandates?

On January 13, 2022, after hearing emergency oral arguments, the Supreme Court handed down decisions staying OSHA's ETS and upholding the CMS Rule requiring healthcare workers to be fully vaccinated against COVID-19. We read the briefs, listened to the oral arguments, and studied the Court's opinions – here is what employers need to know.

The Dos and Don'ts of the Candidate Selection Process

The hiring process can be a stressful one, for employers and candidates alike. Employers wish to find the best candidate for the position, while also taking into consideration factors like diversity, cost, and cultural fit. Employers must also be cognizant that missteps they or their employees might take during the hiring process, particularly during interviews, can have an array of consequences – including discrimination claims, negligent hiring, or failure to accommodate. This article explains the laws surrounding the hiring and interviewing process and offers a few best practices (the "Dos") and examples of behavior and questions that may expose employers to liability (the "Don'ts").

Hashtags and Headlines: The Rise of Social Media

Social media platforms continue to be a useful way to share information, keep in touch with friends and family, and even promote an independent school; however, they also can continue to create headaches for independent schools. Increasingly, employees, students, alumni, and parents have taken to social media to air their grievances, express political views, and discuss their opinions regarding school closings, face masks, COVID-19 vaccines, and other hot-button issues. Schools should take a fresh look at their social media policies and consider whether they address the latest challenges and issues that may arise.

We Want to Hear from You

What legal issues are keeping you up at night?

We are continuing to monitor key trends and significant updates that affect employers across a wide variety of industries. We want to make sure we touch upon issues that are of concern to you. We invite you to take a moment and let us know what you would like to hear more about in this newsletter. Click below to email our team of attorneys.

Attorney Spotlight

Daniel HofferDaniel P. Hoffer: A word to the wise: document all employee performance, behavioral, and other deficiencies in a timely fashion. For a variety of reasons – e.g., conflict avoidance, sensitivity toward feelings of others – all too often we fail to respond to deficient performance with contemporaneous counseling memoranda. This failure typically manifests itself months or years later, when the employer desires to end the employment relationship, but has only positive (or neutral) performance feedback in the employee's file. At that point, all options are bad: protraction of the employment relationship pending collection of necessary documentation or, even worse, an expensive lawsuit. So, as difficult or uncomfortable as it may be, create honest and direct counseling memoranda at or near the time of problem conduct.

About the Labor and Employment Group

The bicoastal, 40-person Labor and Employment team at Venable provides guidance and support across the full spectrum of workplace dynamics – helping employers control costs, avoid disputes, and defend themselves when litigation arises. As co-editors of this newsletter, Michael Volpe and Doreen Martin invite you to share the content with your colleagues and reach out with any questions.