Employer Handbook Posts for 04/23/2021
View this email in your browser
The Employer Handbook by Eric B. Meyer

Why you might not want to mandate COVID-19 vaccinations at work. Plus, Oreo cake, a beverage (or two), and some COBRA.

Workplace Safety / Violence

Fritz Saalfeld, CC BY-SA 2.5, via Wikimedia Commons

First thing’s first. Today at from 12-1 PM ET, we’ve got The Employer Handbook Zoom Office Hour: Beverages and Benefits. My partners Mark MathisBob Ellerbrock, and Amy Epstein Gluck will take a deep dive into the new U.S. Department of Labor guidance and model notices to support the new COBRA premium subsidy under the American Rescue Plan Act of 2021. There are a few spots left if you’re lucky, you can register for that here

You’re welcome.

Before I get to that sweet, sweet Oreo cake, check out this little nugget from OSHA’s frequently asked questions (FAQs) and answers related to the coronavirus disease 2019 (COVID-19) pandemic. 👀

If you require your employees to be vaccinated as a condition of employment (i.e., for work-related reasons), then any adverse reaction to the COVID-19 vaccine is work-related. The adverse reaction is recordable if it is a new case under 29 CFR 1904.6 and meets one or more of the general recording criteria in 29 CFR 1904.7.

But, if you merely recommend that employees get a COVID-19 shot, and one of them has an adverse reaction, you don’t need to record it. OSHA is exercising its “enforcement discretion” only to require the recording of adverse effects to required vaccines at this time.

If you dislike OSHA recording requirements, I’d say it’s a no-brainer.

Cake Time!

So, who’s ready for some Oreo cake?

I found this recipe on a website called Plain Chicken. Shout out to Stephanie, who created the site.

What caught my eye? Three things.

  1. It’s simple.
  2. 24 Oreos.
  3. Really, a moron couldn’t screw it up.

The downside is that it takes two days to complete.



  • 1 box yellow cake mix – I used thisplus ingredients to make the cake (1 cup water, 1/2 cup vegetable oil, 3 eggs)
  • ½ tsp cinnamon
  • 18 Oreo cookies, crushed (use a food processor)

Milk Mixture

  • 1 (14-oz) can sweetened condensed milk
  • 1 (12-oz) can evaporated milk
  • 1 cup half-and-half


  • 2 cups heaving whipping cream
  • ½ cup powdered sugar
  • 1 tsp vanilla extract
  • 6 Oreo cookies, crushed
  • cherries (optional)


  • Mix cake mix, cinnamon, plus ingredients to make according to package directions. Stir in crushed Oreos. Bake in a greased and floured – I used this – 9×13 pan according to package directions. 350 at 35 minutes worked fine for me.
  • Mix sweetened condensed milk, evaporated milk, and half and half. (Could I be convinced to add some of this or this next time? Go ahead, twist my arm.)
  • Remove cake from oven. Poke lots of holes in the warm cake – I used a wood skewer – and slowly pour milk mixture over the cake. Cool cake completely. Cover and refrigerate overnight.
  • When ready to serve, whip together heavy cream, powdered sugar, and vanilla extract. (Pro-Tip: Chill the mixing bowl in the freezer for 5-10 minutes before adding the cream and sugar). Whip at high speed for 1-2 minutes. Stir in crushed Oreos. Spread over cake and top each slice with a cherry.

Basically, it’s milk and cookies in cake form. So, what’s not to like? Enjoy!

And I’ll see you at noon.


The Employer Handbook has a YouTube Channel. If you've missed any of the recent COVID-19 HR Facebook Live events or Zoom Chats, watch them on YouTube here. While you're there, be sure to subscribe to the channel. That way, you won't miss any updates.

How long has it been since your business has dusted off and updated its employee handbook?
With everything that's gone on recently, plus new legal changes in store for 2021, there is no better time to update it. My team and I can be of service.

If you'd like our help, please email me for more information.
The word is out!

FisherBroyles, LLP added more partners in 2020 than nearly all of the AmLaw 200 firms.
What attracts laterals to FisherBroyles?
  • The firm is recession-proof. Attorneys continue to get paid exactly what they earn. Indeed, our partners always keep 80% of the revenue from work that they bring in and perform.
  • There are no sharp elbows, star chambers, or billable-hour requirements (among other highlights).
  • Me! (Duh.)
We are so much different than other large law firms. And, yes, FisherBroyles, the first and largest distributed model law firm in the world, is still hiring!

If you have AmLaw200 experience and a significant portable book of business, we should really talk. You can reach me confidentially. Text or Signal: (202) 441-1424.
Looking for a compliance trainer or a speaker for your next HR event? I come in two varieties, clean-shaven or Duck Dynasty. Click here for booking details.

Here's what you may have missed recently...

Copyright © 2021 The Employer Handbook, All rights reserved.

Unsubscribe | Update subscription | Preferences | Disclaimer | Privacy Policy | Attorney Advertising

Email Marketing Powered by Mailchimp