With COVID-19 infection rates and hospitalizations decreasing, states are slowly loosening restrictions on businesses. For example, Connecticut, New York, and New Jersey announced plans to fully reopen by May 19th with some constraints remaining in place, including mandatory wearing of masks and social distancing. All three states have announced significant capacity rollbacks for indoor
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Regular Attendance is Essential Even if Employer was Lenient in the Past, Fifth Circuit Holds
By Tasos C. Paindiris & Noorin Hamid on
An employer’s past leniency in applying and enforcing its attendance policy did not contradict the employer’s later position that regular worksite attendance was required for employment, the U.S. Court of Appeals for the Fifth Circuit has held. Weber v. BNSF Railway Co., No. 20-10295 (5th Cir. Feb. 24, 2021).
This provides guidance for employers…