Election Audit in Pennsylvania? PA Department of State Issues Strong Statement Urging All Pennsylvania Counties to Reject Any Effort to Instigate Review of "Sham" Elections

 Pennsylvania's Department of State Urges Against Election Audits or Recounts

On July 7, 2021, the Pennsylvania Department of State published the following statement on its website:

FOR IMMEDIATE RELEASE July 7, 2021

PA Department of State Statement on Sham Election Review Attempt Harrisburg, PA –

The Pennsylvania Department of State issued the following statement today about some state legislators pursuing a sham review of the November 2020 general election results: “The Department of State encourages counties to refuse to participate in any sham review of past elections that would require counties to violate the trust of their voters and ignore their statutory duty to protect the chain of custody of their ballots and voting equipment. The Department stands ready to assist counties in upholding their statutory duty to protect the security and integrity of their election machines and systems. Further, we will direct the counties that, if they turn over voting machines or scanners, they should be prepared to
replace that brand-new, expensive equipment before any future elections. When the Secretary certifies voting systems, she certifies that they can be secured from outside intrusion. Such a ‘forensic’ exercise as that described by the senator would nullify that assurance.

“Additionally, the federal government has designated voting equipment as protected infrastructure and, as such, there should be no expectation that anyone without the necessary security clearance would be afforded the kind of access requested here.

“We already have seen systems compromised in Fulton County and in the state of Arizona. In both cases, the politically motivated reviews turned up absolutely no evidence of any fraud or discrepancies. Those partisan exercises did, however, prove to be very costly for local officials and taxpayers when election administrators were forced to lease or purchase replacement equipment.

“Pennsylvania counties, despite a convergence of difficult circumstances, ran a free, fair and accurate election in 2020. The majority of Pennsylvanians – and Americans – are satisfied with that truth.

“And yet there continue to be similar moves to conduct reviews in other states, led by a very small group of bad actors, who are not trying to allay election mistrust. They are feeding it for their own purposes, and in the process impugning the integrity of the county and local election officials we rely on to conduct elections, and leaving them to find millions to pay for the new equipment which would be needed if they comply.

“We will oppose any attempt to disrupt our electoral process and undermine our elections at every step and with every legal avenue available.”

MEDIA CONTACT: Wanda Murren, 717-783-1621 

Texas Federal Ct. Rules Covid-19 Vaccine Requirement for Healthcare Workers at Houston Methodist Hospital is Legal - Houston Methodist Hospital Action Filed by Health Care Workers Dismissed

 

At-Will Employment at Heart of Dispute

Texas Federal Court Determines That Employees Do Not Have to Get Vaccines, but Employer Houston Methodist Hospital is Free to Terminate Their Employment if They Do Not

Last week, we posted that the EEOC had issued a directive stating that an employer's Covid-19 vaccine requirement did not violate Title VII or the Americans With disabilities Act, provided that exceptions were allowed for legitimate medical and/or religious reasons. 

On June 13, Texas federal judge Lynn Hughes issued a decision (which is not yet available on line) wherein he dismissed the lawsuit of more that 100 health care workers at Houston Methodist Hospital that the Hospital's policy mandate that all workers had to get vaccinated.  The workers based their claims that they should be free from the vaccine requirement not based on medical or religious reasons but, rather, on the principal that the hospita; "was forcing its employees to be human 'guinea pigs' as a condition for future employment." 

Workers Employed At Will Are Not Protected From Termination in Most Situations

Employees Cannot be FORCED to Get a Covid-19 Vaccination, but Can Be Fired if They Refuse a Company Edict to Do So

Perhaps there is really nothing terribly surprising about this decision. Most Americans are "employed at-will," and thus can be fired for any reason that is not illegal.  

Employed "At Will":  What Does That Mean? the Most Important Employment Law Principle - EXPLAINED 

United States Employment and Discrimination Laws - An Overview by Pennsylvania Employment Lawyer

The plaintiffs in this case did not assert that they were protected from the vaccine requirement by state or federal law (there is not law that protects workers from discrimination based upon their decision to get vaccinated, nor is there one that protects employees from being required to comply with a a company's health and welfare protocols absent disability or religious belief), so the case could be read as having been decided in accordance with the employment at will doctrine doctrine. 

First Federal Court Decision on Vaccine Requirement for Workers

Judge Hughes echoed this principal in published reports we have seen so far.  Here is one example:

The workers alleged in their lawsuit that the hospital was "forcing its employees to be human 'guinea pigs' as a condition for continued employment." They also accused the hospital of violating the Nuremberg Code of 1947, likening the vaccine mandate to Nazi medical experimentation on concentration camp prisoners.

US District Judge Lynn Hughes was not sympathetic to either argument, writing in his order of dismissal Saturday evening that none of the employees were forced or coerced to take the vaccine. He also noted that the hospital cannot violate the Nuremberg Code because it is a private employer, not a government.

"Equating the injection requirement to medical experimentation in concentration camps is reprehensible," Hughes wrote. "Nazi doctors conducted medical experiments on victims that caused pain, mutilation, permanent disability, and in many cases, death."

He added that the workers were free to accept or reject a vaccine and that they would "simply need to work elsewhere" if they chose the latter.

"If a worker refuses an assignment, changed office, earlier start time, or other directive, he may be properly fired. Every employment includes limits on the worker's behavior in exchange for his remuneration," Hughes wrote. "That is all part of the bargain."

Want to Stay Up Date on Covid-19 Cases?  Check Out the Links Below

You May Find Some of These Articles Worthwhile! 

Covid Case of the Week: Carter v. Gardaworld Security Services - Fed. Judge:  Employee Who Complains About Employer's Lack of Covid Precautions Not Protected Under FFCRA From Retaliatory Termination (Posted June 4, 2021)

Covid Case of the Week - Sanchez v. Treesmiths, Inc. - Is an Arborist a First Responder Immune from Suit Under FFCRA? (Posted May 28, 2021)

Covid Case of the Week: Haney-Fillipone v. Agora Cyber Charter School - Teacher Wins Right to Covid-Based Leave - Private Charter School a "Public Agency" Pursuant to FMLA, Required to Follow FFCRA (Posted May 22, 2021)

Covid Case of the Week Colombe v. SGN, Inc. - Ky. Fed. Judge Finds Registered Nurse is NOT a "Health Care Provider” Under FMLA, Dismisses EPSLA Paid Leave Claim - Retaliation Action Dismissed Accordingly (Posted May 8, 2021) 

Covid Case of the Week - Gomes v. Steere House - RI Fed. Judge Rules Employee’s Failure to Specifically Request Paid Leave Dooms EPSLA Claim, Upholds FMLA Retaliation Claim (Posted May 2, 2021)

Covid Case of the Week - Payne v. Woods Services - Pennsylvania Federal Judge Finds Positive Covid Diagnosis is a "Serious Health Condition" Pursuant to FMLA but Is Not Automatically a "Disability" Under the ADA (Posted April 24, 2021)

How Do the Families First Coronavirus Act ("FFCRA"), the Emergency Paid Sick Leave Act ("EPSLA") and the Fair Labor Standards Act ("FLSA") Work Together? Toro v. Acme Barricades (M.D. Fl. 2021) - Covid-19 Paid Sick Leave and Retaliation Case (Posted April 16, 2021) 

Covid Case of the Week - Kofler v. Sayde Steeves Cleaning Service, Inc. - Termination of Employee Seeking FFCRA Leave a Violation of Anti-Retaliation Provisions of FLSA (Posted April 9, 2021)

Covid Case of The Week - Wage and Hour Claims Added to Retaliation Claim - Aguayo v. Shield N Seal (Posted April 3, 2021)

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EEOC: It is Legal for Employers to Require Covid-19 Vaccines of All Employees Who Enter the Workplace - Covid Vaccination Requirement at Work Not Illegal

EEOC: Requiring Vaccinations Does Not Violate Title VII

 Employers May Require Employees Entering Workplace to Be Vaccinated Against Covid-19

Here are some key provisions from the EEOC's May 28, 2021 Covid-19 Technical Assistance publication:

The key updates to the technical assistance are summarized below:

• Federal EEO laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19, so long as employers comply with the reasonable accommodation provisions of the ADA and Title VII of the Civil Rights Act of 1964 and other EEO considerations.  Other laws, not in EEOC’s jurisdiction, may place additional restrictions on employers.  From an EEO perspective, employers should keep in mind that because some individuals or demographic groups may face greater barriers to receiving a COVID-19 vaccination than others, some employees may be more likely to be negatively impacted by a vaccination requirement.
• Federal EEO laws do not prevent or limit employers from offering incentives to employees to voluntarily provide documentation or other confirmation of vaccination obtained from a third party (not the employer) in the community, such as a pharmacy, personal health care provider, or public clinic. If employers choose to obtain vaccination information from their employees, employers must keep vaccination information confidential pursuant to the ADA.
• Employers that are administering vaccines to their employees may offer incentives for employees to be vaccinated, as long as the incentives are not coercive. Because vaccinations require employees to answer pre-vaccination disability-related screening questions, a very large incentive could make employees feel pressured to disclose protected medical information.
• Employers may provide employees and their family members with information to educate them about COVID-19 vaccines and raise awareness about the benefits of vaccination. The technical assistance highlights federal government resources available to those seeking more information about how to get vaccinated.

First Federal Court Decision Regarding Vaccine Requirement

Posted June 14, 2021: Texas Federal Ct.Rules Covid-19 Vaccine Requirement for Healthcare Workers at Houston Methodist Hospital is Legal - Houston Methodist Hospital Action Filed by Health Care Workers Dismissed  

More Coronavirus Specific Information Below

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Is My Employer Required by Federal or State Laws to Give Me Paid Leave or Paid Time Off If I Get a Covid-19 Coronavirus Vaccine?

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Covid Case of the Week: Carter v. Gardaworld Security Services - Fed. Judge:  Employee Who Complains About Employer's Lack of Covid Precautions Not Protected Under FFCRA From Retaliatory Termination (Posted June 4, 2021)

Covid Case of the Week - Sanchez v. Treesmiths, Inc. - Is an Arborist a First Responder Immune from Suit Under FFCRA? (Posted May 28, 2021)

Covid Case of the Week: Haney-Fillipone v. Agora Cyber Charter School - Teacher Wins Right to Covid-Based Leave - Private Charter School a "Public Agency" Pursuant to FMLA, Required to Follow FFCRA (Posted May 22, 2021)

Covid Case of the Week Colombe v. SGN, Inc. - Ky. Fed. Judge Finds Registered Nurse is NOT a "Health Care Provider” Under FMLA, Dismisses EPSLA Paid Leave Claim - Retaliation Action Dismissed Accordingly (Posted May 8, 2021) 

Covid Case of the Week - Gomes v. Steere House - RI Fed. Judge Rules Employee’s Failure to Specifically Request Paid Leave Dooms EPSLA Claim, Upholds FMLA Retaliation Claim (Posted May 2, 2021)

Covid Case of the Week - Payne v. Woods Services - Pennsylvania Federal Judge Finds Positive Covid Diagnosis is a "Serious Health Condition" Pursuant to FMLA but Is Not Automatically a "Disability" Under the ADA (Posted April 24, 2021)

How Do the Families First Coronavirus Act ("FFCRA"), the Emergency Paid Sick Leave Act ("EPSLA") and the Fair Labor Standards Act ("FLSA") Work Together? Toro v. Acme Barricades (M.D. Fl. 2021) - Covid-19 Paid Sick Leave and Retaliation Case (Posted April 16, 2021) 

Covid Case of the Week - Kofler v. Sayde Steeves Cleaning Service, Inc. - Termination of Employee Seeking FFCRA Leave a Violation of Anti-Retaliation Provisions of FLSA (Posted April 9, 2021)

Covid Case of The Week - Wage and Hour Claims Added to Retaliation Claim - Aguayo v. Shield N Seal (Posted April 3, 2021) 

Most Common Interview Questions in June 2021 - Motivation and Work From Home Inquiries Atop the List in Post-Pandemic Work World

 

Best to be Prepared!

What Are the 3 Most Common Interview Questions Job Applicants Must Answer in June 2021?

According to Huffington Post, the 3 most common interview questions being asked of applicants in June 2021 all relate to the applicant's views on working in the office versus remotely.  

Preferred Work Location and Environment?

Before we get to the questions, here is an interesting snippet from the article:

According to a January survey of 133 U.S. executives, only 5% believed that workers did not need to return to the office to maintain good company culture; instead, the most common response was that employees should work at least three days in person. But a significant number of workers want to keep working from home for part of the week, and some never want to go back to an office at all.

Now, let's examine the questions, with some commentary.

Here, Here!

Question 1:  ‘How do you complete a project with minimal supervision?’

The article suggests that this question presents the applicant with an opportunity to honestly explain what they discovered about themselves during the pandemic. 

Did you learn that you are a highly motivated person that works best from seven in the morning until about 4?  Or, perhaps you preferred to start work at 11 and end at 8 in the evening.  Maybe you learned that working for a few hours, followed by a workout, lunch, siesta and late afternoon cup of coffee, resulted in a highly productive all out blitz to until 10 p.m.

The bottom line, is simply saying that you enjoyed working from 9-5 everyday, and that is what you did with little more than a 20 minute lunch break from time to time, will come across as disingenuous. Moreover, you may just get a job with that schedule, which may in fact be antithetical to your true optimum work nature.  

We Are All More Adept at Streaming Now!

Question 2:  ‘Can you share an example of how you had to adapt in your role during COVID?’ 

This is a wonderful opportunity to discuss the new things you learned about your profession and occupation during the Covid shutdown. Perhaps you learned some new software applications, figured out some better strategies for communicating remotely or took some extra time to self-mentor your self by sharpening up on some critical element of your career.

The bottom line is that we all had to adapt during the shutdown (beyond learning to stream on Hulu and Amazon Prime), and it is a good idea to think about how you adapted to improve yourself  occupationally so that you can demonstrate that you are a highly motivated person who does not require strict supervision to succeed.

Well, When You Put it Like That!

Question 3:  ‘Do you have any concerns about returning to work?’ or ‘Do you prefer to work in an office or at home?’

Simply stated, it is best to state your true preference.  The potential employer is entitled to know if you will be a good fit, and you deserve a job offer that is suitable for you.  In general, it seems as though flexible work schedules will be in vogue for years to come, so suggesting that you would prefer a mix of work from home and at office may not be the worst idea!

Thanks for checking in with us, and good luck in your job search!

List: Top 15 Most Valuable Bachelor's Degrees 2021 - How Many Bachelor's Degree Programs Are There?

834 to Choose From!

Top 15 Bachelor's Degrees by Expected Earnings Over Career

We took a look at Payscale's College Salary Report for 2020, and the chart below lays out to top 15 Bachelor's Degrees by expected earnings from start of career, to mid-career.  If you want  a deeper dive, Payscale lists 834(!) degrees, and values each. 

Click on the links to jump to more in-depth analysis as to the types of jobs one typically secures with the given degree, demographic information for those occupying such jobs and Payscale's choice of leading colleges offering such a degree.  

Rank	Degree	Early/Starting Pay	Mid-Career Pay
1	Petroleum Engineering	$92,300	$182,000
2	Electrical Engineering & Computer Science (EECS)	$101,200	$152,300
3	Applied Economics and Management	$60,900	$139,600
3	Operations Research	$78,400	$139,600
5	Public Accounting	$60,000	$138,800
6	Chemical Engineering/Materials Science & Engineering	$74,500	$137,800
7	Quantitative Business Analysis	$67,900	$136,200
8	Pharmacy	$66,300	$133,200
9	Aeronautics & Astronautics	$74,000	$133,100
10	Systems Engineering	$74,000	$132,900
11	Electrical Power Engineering	$73,100	$130,700
12	Actuarial Mathematics	$61,900	$130,500
13	Aerospace Studies	$50,300	$130,300
14	Chemical Engineering	$73,500	$128,900
15	Actuarial Science	$64,700	$128,700

Of course, there is other information out there, but Payscale is known for examining BLS statistics and projections, and is widely viewed as a reliable source.

Wondering About Values of MBA Degrees?

You May Also Like: What is the Average Starting Salary for Someone with an MBA? How Much is an MBA Worth in the Long Run? Which MBAs Are Most Valuable?

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What is the Average Starting Salary for Someone with an MBA? How Much is an MBA Worth in the Long Run? Which MBAs Are Most Valuable?

Worth the Investment?

The Average Starting Salary for an MBA Graduate is Nearly Double that of a New Hire With a Bachelor's Degree - and Sometimes the Disparity is Greater Than That

According to a September 21, 2020 article from MBA.com, the average starting salary for an MBA graduate is $115,000.  The article states:

[T]he Graduate Management Admission Council’s (GMAC) annual Corporate Recruiters Survey shows that of more than 700 global corporate recruiters, 3 in 4  reported that employees at their organization with a graduate business school education tend to earn more than those without. Recruiters from Fortune Global 500 companies were especially likely to agree (85%), as were recruiters from the health care (90%), products/services (80%), technology (78%), and consulting (77%) industries.

This year’s survey results show that employers plan to offer new MBA hires a median starting salary of US$115,000 this year—notably higher than the median for direct-from-industry hires ($95,000) and bachelor’s degree hires (US$65,000).

The compensation premium is even more apparent for Fortune 100 companies and the big-three industries of hire for MBA graduates—consulting, finance, and technology. For example, at US$145,000, the median salary of MBAs in the consulting industry is twice that of bachelor’s degree holders. 

It's not ALL About the Benjamins, but....

What Are the Highest Paying Careers for Holders of an MBA Degree?

According to a recent Blog post from Northeastern University, entitled  The Highest Paying Master’s Degrees of 2021 (northeastern.edu), here are some of the top careers commonly pursued by MBA holders:

     IT Manager

Median Salary: $146,360/year

Growth by 2028: 11 percent (faster than average)

According to U.S. News’s ‘Best Paying Jobs of 2020’ report,  this is the second highest-paying non-medical role that is attainable with a graduate degree. The main responsibilities of IT managers include planning, coordinating, and directing online or computer-based work for an organization. Although an entry-level role in this field can be obtained with a bachelor’s degree, to reach the full career potential, employees must obtain an MBA, most commonly with a concentration in technology.

Marketing Manager

Median Salary: $135,900/year

Growth by 2028: 8 percent (faster than average)

Although some debate whether or not the best route for a high-level career in marketing is an MBA or a direct master’s in marketing, it is clear that the high salary associated with this role is directly correlated with obtaining an advanced degree. Marketing managers are known for working on the promotion of an organization, its products, and its services. 

Sales Manager

Median Salary: $126,640/year

Growth by 2028: 5 percent (average rate)

Most high-level sales managers graduate from an MBA program, most commonly with a concentration in marketing. Individuals in this position usually come from a lower-level sales background and are in charge of overseeing the sales team in their organization, as well as its various sales initiatives and processes. Alongside a high pay rate, another perk of this role is travel, which is often required for employees at higher levels.

Business Operations Manager

Median Salary: $100,930/year

Growth by 2028: 7 percent (faster than average)

Individuals who hold business operations roles help departments within an organization meet their goals. The responsibilities and functions of this role vary and can include work related to human resources (e.g. hiring), finance (e.g. budgeting), and project management. Individuals in these roles should have excellent leadership and communication skills to help facilitate this work.

Wondering About Values of Undergraduate Degrees?

You may also like:  List: Top 15 Most Valuable Bachelor's Degrees 2021 - How Many Bachelor's Degree Programs Are There? 

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