Employment Law Blog

ALERT: NLRB General Counsel Signals Sea Change in Labor Regulation

For more on this subject, register here for our October 12th webinar, All Handbooks on Deck: How the Changing Tides of the NLRB May Lead Your Employee Policies into Rough Waters.

The new National Labor Relations Board General Counsel has issued a memo outlining her issues priorities, and it’s a doozy for employers. The broad outlines of the policy reconsiderations are massive in scope, effectively revisiting the entirety of the NLRB output over the last four years. While a discussion of the larger implications of each policy provision will be forthcoming, here is a general outline of what’s in store from the NLRB going forward, and employers should already be set to make some changes. More >

New Kentucky Law Protects Businesses from COVID-19 Liability

Kentucky recently joined a growing group of states who have passed measures to protect private businesses from coronavirus-related lawsuits. Senate Bill 5 cleared the Kentucky Senate in early March and the House soon thereafter. It became law on Monday, April 11, without the Governor’s signature. More >

EEOC Updates Compliance Manual on Religious Discrimination

Recently, the EEOC released updated guidance for employers regarding religious discrimination and accommodations in the Compliance Manual Section on Religious Discrimination. The updates override the previous iteration of the manual published in 2008. Importantly, this manual does not bind employers by law, but it does inform the way that the EEOC processes claims under the law and is therefore a crucial resource for employers.  With these updates, the EEOC clarified an important aspect of religious discrimination: who is protected by the Title VII. More >

Webinar: Vaccinations and Regulations and Misinformation, Oh My!

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FFCRA Ends December 31; Employers Must Act Now

Among the myriad of updates recently released in the relief bill approved by Congress last week and signed by President Donald Trump late on Sunday night is an important decision for employers. The Families First Coronavirus Response Act (“FFCRA”), which was created to stymie the spread of COVID-19 in the workplace, will sunset as initially planned on December 31, 2020. More >

UPDATED - EEOC Releases Guidance on ADA Issues and COVID-19 for Employers

In April 2020, the EEOC began publishing guidance for employers on how to comply with ADA and other anti-discrimination laws and regulations in the face of COVID-19.   More >

Abusive or Offensive Language? NLRB Says “@#$% No” to Section 7 Protection

On July 21, 2020, the National Labor Relations Board (“NLRB”) issued an important decision in General Motors, LLC and Charles Robinson, modifying the standard to be used in determining whether an employee has been unlawfully disciplined or discharged for abusive or offensive statements or conduct while engaged in protected concerted activity under Section 7 of the National Labor Relations Act (“NLRA”). This decision is intended to provide needed clarity and give employers more leeway in disciplining employees for egregious misconduct and upholding existing anti-discrimination laws and policies. More >

EEOC Nixes Required Antibody Tests in the Workplace

The Equal Employment Opportunity Commission (EEOC) issued a statement clarifying that the Americans with Disabilities Act (ADA) does not allow employers to request or require antibody testing as a condition of employment, recall, or re-entry into the workplace.   More >

OSHA Updates Investigation Guidelines During New Pandemic Phase

New Occupational Safety and Health Administration (OSHA) guidance for Area Offices and compliance safety and health officers (CSHOs) on handling the reporting of illnesses, complaints, and referrals related to COVID-19 took effect on May 26, 2020. This guidance supersedes previous OSHA memorandums regarding temporary processes during the pandemic. More >

Phased Reopening Guidelines: How to Stay Safe and Compliant

Over the weekend, the Governor’s office revised certain portions of Kentucky’s Healthy-at-Work phased reopening minimum guidelines for all businesses,  outlining the affirmative duties of both employers and employees upon returning to work on-site. All businesses – even those that have remained open – will have to adhere to these fourteen requirements in order to remain open:  More >