Employment Law Blog

Long-Term COVID Effects May Qualify as a Disability under the ADA—What Employers Need to Know

For more on this subject, view our webinar, Myths, Masks, and Mandates: More Advice for the Continuing Workplace Challenges of COVID-19.

We are still learning more about the virus, including its long-term effects on those who have been infected. Because of the severity of these long-lasting symptoms, both the Department of Health and Human Services (“HHS”) and Department of Justice (“DOJ”) recently released guidance stating that “long COVID” may qualify as a disability under anti-discrimination laws, including the Americans with Disabilities Act (“ADA”). An employer must remain aware of the long-term effects that COVID can have on its workforce and potential accommodations that its employees may need.  More >

WARNING: DOL Moves the Goalposts on FFCRA for Healthcare Providers

When the Families First Coronavirus Response Act (“FFCRA”) was passed, healthcare providers breathed a sigh of relief to see that an exception had been carved out for them regarding the mandatory leave provisions of the law. This exclusion permitted entities with less than 500 employees to exclude “health care providers” from mandatory leave provisions. The first rules to interpret this provision defined “health care providers” in such a manner that all employees of a healthcare provider that itself met the definition would also meet the exclusion. This interpretation is no more. More >

Alternate and Hybrid School Schedules Give Parents Stronger Rights to Leave Under New FFCRA Guidance

On September 11, 2020, the Department of Labor (“DOL”) issued new guidance clarifying portions of the Families First Coronavirus Response Act ("FFCRA"). In an important decision for working parents, the definition of “intermittent leave” was clarified to expressly exclude instances in which employees take FFCRA leave to care for their children whose schools are operating on alternate or hybrid-attendance schedules.  More >

Enforcement and Retaliation of New Paid Leave Provisions – Crucial Concerns for Employers

While the new paid sick leave and Family and Medical Leave Act (“FMLA”) expansion law contains a small carrot for employers in the form of tax credits for those required to pay for sick leave and expanded FMLA leave, it also contains a couple of fairly substantial sticks.  Accordingly, employers should carefully consider any adverse employment actions they take at this time with respect to employees who take leave.   More >

Coronavirus and Employers: Critical Compliance Information

As the novel coronavirus, or COVID-19, has reached global pandemic status, it is critical for employers to understand how to administer their workforce in the face of the new illness, especially in light of state and federal employment laws. Luckily for employers, there is fresh guidance from several agencies on how to put team health first while protecting businesses and complying with relevant workforce laws and regulations. We have distilled that information into key points set out below. More >

CDC Releases Guidance for Employers to Respond to Coronavirus

In an effort to help employers understand and deal with the threat posed by COVID-19, the official name of the current outbreak of coronavirus, the Centers for Disease Control and Prevention (“CDC”) has recently released official guidance. It may seem odd that the CDC would issue employer-specific guidance (rather than, say, the EEOC or Department of Labor), but it only serves to underscore the threat this virus seems to pose and the way in which employer policies may have a direct bearing on the issue. More >

Title VII Protections for Transgender Status: Sixth Circuit Affirms, but the Future is Unclear

The Equal Employment Opportunity Commission (“EEOC”) has interpreted Title VII to include protections against discrimination for transgender employees.  Title VII is the portion of the Civil Rights Act of 1964 that prohibits employment discrimination against any individual with respect to the terms, conditions, or privileges of employment because of the individual’s race, color, sex, religion, or national origin.   See 42 U.S.C. § 2000e-2(a)(1).  Under Title VII, the EEOC has found that actions taken by employers detrimental to transgender individuals can qualify as discrimination on the basis of sex.  The implication of this interpretation is one that will affect employers throughout Kentucky, and these employers should be aware of what the interpretation means in practice.  More >

Wage and Hour Violations – Hope for Employers

Employers cheer! Unintentional failure to pay may not be a “willful” violation.

Wage and hour law has been a rocky ride for employers in the last year or so. First came a heavily amended overtime rule set to change the wage and hour landscape completely, then the rule faltered in the courts, then a new administration set out to revise the new rule with an even newer rule. With all this uncertainty, there are still occasionally bits of good news that allow employers to breathe easier, like a recent ruling by the Third Circuit Court of Appeals, which found that an unintentional error that did not log overtime for part-time employees did not expose their employer to extra liability. More >