Employment Law Blog

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 >

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 >

Employee Temperature Checks and Confidentiality: Separating Fact from Fiction

The COVID-19 pandemic has sent employers scrambling for answers to questions regarding health, safety, and confidentiality in the workplace they may have never envisioned dealing with. Recently there have been questions concerning the regulatory requirements that an employer encounters when the employer performs temperature checks for employees to prevent the transmission of the COVID-19 virus among its employees and possible customers. More >

Businesses: Submit Your Reopen Proposal!

Governor Beshear has created a phased approach to reopen Kentucky’s economy called “Healthy at Work.”  As soon as the Governor determines that Kentucky has met certain public health benchmarks, he will begin authorizing certain qualified businesses to reopen.  More >

What Employers Should Know About Bringing Employees Back into the Workplace, Part II

In our first set of guidance on reopening workplaces, we focused on basics of providing a safe working environment, compliance with ADA accommodations, and the next practical steps employers should begin to take. Since then, the EEOC has published updated guidance and an FAQ, and Gov. Beshear has provided guidance on the “Healthy at Work” initiative to begin a phased reopening of the Kentucky business community. Businesses and employers must pay close attention to these forms of guidance in getting back to the new normal. More >

WHAT SHOULD I BE DOING NOW?

Families First Coronavirus Response Act

The last couple of weeks have felt akin to drinking from a fire hose. The laws and regulations have been coming fast and furious. Sometimes, it is overwhelming. The Families First Coronavirus Response Act (“FFCRA”) issued on March 18, 2020. Since that time, the government has issued hundreds, if not thousands, of pages of fact sheets, regulations, posters and bulletins about the Act – some of it completely contradictory. In the most recent regulations, the government estimated the “total rule familiarization cost” to all affected employers will be $295,072,691. Wow! More >

Department of Labor Issues Guidance for Employers – Paid Leave Provisions Take Effect April 1st

On March 24th, the Department of Labor (DOL) issued guidance for employers and employees as to how they will be affected by the Families First Coronavirus Response Act (FFCRA) when it takes effect on April 1, 2020. The guidance came in the form of an introductory statement, a fact sheet for employers, a fact sheet for employees, and a Q&A sheet that covers a wide variety of situations.   More >

The Families First Coronavirus Response Act Becomes Law - What Employers Need to Know

On Wednesday, March 18, President Trump signed H.R. 6201, the “Families First Coronavirus Response Act,” into law. It becomes effective on April 1st, which is a short period for taking compliance steps and budgeting for the changes. Among the provisions of the coronavirus relief bill are items relating to paid sick time and family leave, which we have summarized below, as they will have an enormous impact on employers. More >

Coronavirus and Confidentiality

As the coronavirus crisis continues, employers are confronted more and more by questions of confidentiality in the face of a pandemic and worried employees. Below are some questions employers are facing, along with some guidance about how to maintain employee confidentiality in the workplace. More >