Employment Law Blog

Employer Update: Keeping Up with COVID

Nearly two full years into the pandemic, employers are still struggling to keep up with ever-evolving guidance, requirements, and recommendations regarding the virus—and for good reason, as the advice for how to keep employees safe while staying in business has been constantly evolving.  As the Omicron variant creates even more problems, some employers are suffering now more than ever. We have rounded up crucial updates for employers so you can handle the ongoing impacts of the pandemic to the best of your ability. More >

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 >

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 >

What Employers Should Know About Bringing Employees Back into the Workplace.

By now, all businesses in the Commonwealth of Kentucky have experienced at least five weeks of interrupted operations. Some businesses have faced a complete shutdown, others are operating on skeleton crews, and others are fully operational but working remotely. The one thing all businesses all have in common is a desire to get back to “business as usual” once the Governor lifts the Healthy at Home restrictions. However, bringing employees back into the workplace will not be an easy task, and will certainly not be “business as usual.” In addition to the continuing obligations under the Families First Coronavirus Response Act and the CARES Act, employers will need to be mindful of other key laws in order to navigate our new normal in returning to work on-premises. 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 >