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Legally Using a Direct Threat Defense when Withdrawing a Job Offer or Terminating an Existing Employee

The “Direct Threat” Defense when Withdrawing a Job Offer or Terminating an Existing Employee WorkSaver Physical Ability Tests (PATs) are based on validated essential functions of a job and establishes pass/fail criteria at the “Direct Threat” level. The direct threat…

Do Sit-Stand Work Stations Really Help?

By Richard Bunch, PhD, PT, CBES and Trevor Bardarson, PT, OCS, CBES The use of sit-stand stations has become an increasingly popular method for battling the effects of prolonged seated posture. However, the reality is that office workers, in general,…

Proper Manual Material Handling

By Richard Bunch, PhD, PT, CBES and Trevor Bardarson, PT, OCS, CBES Various publications have listed recommended weight limits for manual material handling. Based on the research used to develop the NIOSH lift equation, it is apparent that about 51…

OSHA Releases Guidance on Reopening Workplaces

(The following article written by the law firm, Proskauer Rose LLP, and published in Lexology. Proskauer is a leading international law firm with offices in  New York, Beijing, Boston, Chicago, Hong Kong, London, Los Angeles, Paris, São Paulo and Washington,…

Are Employers Required to Accommodate Employees Living with Family Members who are at High Risk to Covid-19 Exposure?

Employers have been facing accommodation requests from employees who consider themselves personally at risk for contracting Covid-19. Typically, an accommodation request deals with working from home or remotely in order to limit their contact with coworkers and customers. However, employees…

Employer Guidance for Planning Return-To-Work and Compliance with New Covid-19 Laws

Now that states and local governments are beginning to relax Stay-at-Home orders, many employers are anxious to have their employees return to work and to some sense of normalcy. Employers that have received PPP funds will need to make sure…

Avoiding COVID-Related Employee Disability and Leave Litigation 


A myriad of federal, state, and local laws has been hastily passed in response to the COVID-19 pandemic. Now, as employers seek to reopen their businesses, in-house counsel and Human Resources professionals tasked with navigating these uncharted waters should bear…

A Guidance Model for Covid-19 Protection at Work

Meat and poultry processing plants across the United States have been forced to shut down as thousands of plant workers have tested positive for COVID-19. Faced with concerns of a nationwide meat shortage as a result of such closures, on…

Employers Providing Face Masks Should Review Their Health and Safety Obligations

Haynes and Boone LLP In its continuing efforts to slow the spread of COVID-19, on April 3, 2020, the Centers for Disease Control and Prevention (“CDC”) recommended that the general public wear, on a voluntary basis, “cloth face coverings in…

Healthcare Providers – Do Not Neglect EEOC Regulations During the Covid-19 Crisis

Fisher Broyles LLP While we’ve all been hunkering down, fearful for our own health and the health of our loved ones, neighbors and the entire world, the EEOC has still been ferreting out the activities of health care employers who…

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