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► DOL Revises and Reaffirms Parts of Original FFCRA Regulations

September 21, 2020

The U.S. Department of Labor (DOL) has responded to a federal judge’s ruling against regulations related to a COVID-19 relief act with revisions that in some ways reaffirm the DOL’s original position. In issuing the revised regulations implementing paid leave requirements under the ...

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► Employee with Coronavirus Files Suit Over Firing

September 15, 2020

An Ohio employee sued after being terminated for self-quarantining because of COVID-19. Although her lawsuit is pending in the U.S. District Court for the Northern District of Ohio, federal laws do require most employers to provide coronavirus-related leave. Facts Kelley Nuttall worked as ...

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► DOL Clarifies Executive Order Extending Unemployment

September 11, 2020

The U.S. Department of Labor (DOL) clarified the effect of the President's recent order that authorized additional funding for unemployment benefits. However, it’s unclear how long the funds will last. The August 8 order, technically a “presidential memorandum,” offers ...

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► Tax Holiday or Headache? Tax Deferral Plan Creates Challenges for Employers

September 3, 2020

President Trump’s plan to defer payroll taxes for many employees through the end of the year is sparking questions and criticism from employers—questions about how to implement the plan and criticism that the “tax holiday” may hurt more than it helps.  On August 8, ...

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► Administering COBRA Notices in a COVID-19 World

August 26, 2020

Recent federal agency guidance includes important information and extensions of various deadlines affecting employee benefit plans to include extensions of continuation coverage notice and election periods under COBRA. This article focuses solely on the COBRA-related rules, including a summary ...

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► New EEOC Guidance Clarifies ADA Protections Related to Opioids

August 24, 2020

The Equal Employment Opportunity Commission (EEOC) is taking steps to clarify how the Americans with Disabilities Act (ADA) affects opioid use among employees. While employers generally dread the thought of opioid use since it can pose safety risks, trigger absenteeism, hamper productivity, ...

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► Impact of Supreme Court's Two Rulings for Religious Employers

August 20, 2020

Last month, the U.S. Supreme Court decided two cases , both by 7-2 votes, involving religion’s impact on employment. First, the Court clarified the applicability of the ministerial exemption for religious schools and organizations from the federal antidiscrimination laws. Second, the ...

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► 5 Ways to Help Struggling Remote Employees Adjust

August 17, 2020

While employees in many countries have been working virtually for some time, the COVID-19 pandemic forced us almost overnight to change how we live and work. Additional turmoil in American society related to civil rights and the economic recession is making an already difficult situation that ...

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► EEOC: You Can't Require Employees to Undergo Antibody Testing

August 11, 2020

Earlier in June, the Equal Employment Opportunity Commission (EEOC) issued new guidance concerning the use of COVID-19 antibody testing. Relying on the Centers for Disease Control and Prevention’s (CDC) interim guidelines, the EEOC affirmatively stated employers cannot require COVID-19 ...

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► Federal Court Expands FFCRA Paid Leave But Will it Hold?

August 7, 2020

The number of people entitled to paid leave under the Families First Coronavirus Response Act (FFCRA) will be expanded if a ruling from a New York federal judge holds. A judge in the U.S. District for the Southern District of New York ruled August 3 that the U.S. Department of Labor’s ...

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