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Scarred by SCCAR and Marred by MAR: Why to Avoid Arbitration Like COVID in the COVID Era (And What to Do When You Can’t)

I.  Introduction I was crestfallen after my first arbitration.  Here I was, on my own finally: “Eddy on the case.”  I had total creative control…I had a defense-minded arbitrator…I felt comfortable during the process.  I was a regular Clarence Darrow in there.  And then the result came back: a decision in the Plaintiff’s favor. I had...

EEOC Update to COVID-19 Guidance: “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,”

On May 28, 2021, the Equal Employment Opportunity Commission (“EEOC”) updated its COVID related guidance: “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” to address whether incentivizing employees to vaccinate complies with the Americans with Disabilities Act (“ADA”). The following are key updates: Employers may require employees...

Short-Term Solutions, Long Term Impact: The Fluidity of Federal Hours of Service in the Time of COVID-19

One of the few constants during this period of unprecedented turmoil and economic uncertainty in America has been the steady and unwavering dependability of truck drivers, who continue to transport crucial goods and products across a country that needs them more than ever.  Recognizing the indispensable role that truck drivers play in ensuring that all...