Products Liability Claims and Available Defenses

Jennifer Milak

Product liability claims can range from defects in automobiles, consumer good to prescription drugs.  Products liability is a specialized area of law taking various forms, each requiring a different defense strategy. Many states apply a strict liability standard which means the manufacturer is automatically liable when a product injures a person.  But not North Carolina.…

Can Employers Require COVID-19 Vaccines?

Jennifer Milak

On December 16, 2020, the EEOC published guidance for employers concerning mandatory COVID-19 vaccination requirements. The EEOC stated than an employer does not violate the ADA disability-related inquiry prohibition when the employer requires the employee to show proof of receipt of a COVID-19 vaccination.  However, the EEOC warned employers to not ask the employee why…

Unmasking the Confusion: COVID-19 – Are Employees Required to Wear Masks?

Chris Stipes, Natalia Isenberg and Jennifer Milak

In light of North Carolina entering “Phase 1” of lifting its COVID-19 restrictions, this article addresses issues involving employer requirements and employee use of facemasks, respirators, gloves, and other personal protective equipment (“PPE”). Current Guidance Here is what our government agencies are recommending. Equal Employment Opportunity Commission (“EEOC”) The EEOC released guidance that indicates an…