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Sweatpants in the Workplace? Dress Code Considerations When Returning to the Office During a Pandemic

Months of working from home have made at least one thing clear – the “Freshman 15” has nothing on the COVID-19. Boredom, stress, and ease of access to the refrigerator has caused many employees to trade in their suits for...more

Alabama Law and Practice

The US Regional Employment 2020 features 14 states. The guide provides expert legal commentary on the impact of COVID-19 on the workplace, the "Black Lives Matter" and "Me Too" movements, unions, the National Labor Relations...more

OSHA Is Issuing Citations for COVID-19 Infections from the Spring

Since the beginning of the COVID-19 crisis, we have been talking about things to do to keep your employees safe and what laws apply in that arena. Recently, OSHA started handing out fines to companies for employee outbreaks...more

Don’t End Up In Detention: Guidance On Leave For Employees With School-Age Kids

It’s September, which for most means the beginning of fall and the start of a new school year. This school year not only looks different than those in the past, but it has also added to the stress and uncertainty facing...more

Can COVID-19 Claims Convince Commissions to Compensate? An Overview of Workers’ Comp and the Coronavirus

If you get COVID-19 at work, is it covered by workers’ compensation? Maybe. In Tallahassee, Florida, a school district denied a high school teacher’s COVID-19-related workers’ compensation claim. The reason? The district says...more

That Un-Masked Man: Can a Business Ask a Customer Who Refuses to Wear a Mask Because of a Disability to Leave?

In the COVID-19 era, many employers and businesses are wrestling with unprecedented issues. You can add one more to the list: Can you have your employees ask a customer who refuses to wear a mask because of a claimed...more

The EEOC Extended EEO-1 Reporting Deadline Until 2021 – But Don’t Stop Preparing

The EEO-1 report — who doesn’t love preparing that? With recent changes it has only gotten more fun. Many employers waited for the EEO-1 reporting portal to open for the March 31, 2020 reporting deadline, but it never did....more

Department of Labor Provides Easier, Breezier FMLA Electronic Notice Forms for Employers

In a shocking example of good news these days, the Wage and Hour Division has revised its optional forms that employers can use on various FMLA issues. The new forms can be filled out electronically and have cut down on the...more

Getting Clean, Back to Routine and Ready to Be Seen: New OSHA and CDC Guidance on Employees Returning to Worksites After COVID-19...

OSHA and the CDC have each recently issued new guidance for employers as more and more employees make their way back to on-site work following the COVID-19 shutdown. Here are a few tips to consider to ensure that you are...more

Nobody Gets Antibody (Testing): EEOC Forbids Employers from Using Antibody Testing for Re-Entering Workplace

The EEOC just amended its Q&A document on COVID-19 testing to address what COVID-19 testing employers can require. At this time (and it could change), the EEOC says that the ADA does not allow employers to require antibody...more

To Tell or Not to Tell: OSHA Changes Course on Reporting of COVID-19 Cases by Employers

Do you have to report an employee’s positive COVID-19 case to OSHA and will OSHA investigate it? On the reporting front, OSHA’s initial guidance said positive cases were reportable only in specific industries, like...more

Consider the Circumstances: What to Expect When You’re Expecting Employees to Return to Work and They Refuse

As states begin to ease COVID-19 restrictions and individuals start to determine their own levels of acceptable risk, employers face yet another set of issues related to getting employees back to work. After many of you...more

Pandemic Planning: But What About the Other “P Word” in Your Re-opening Plans? (Hint: It’s Privacy)

We are two months into the declaration of the COVID-19 pandemic, and a handful of states are starting to ease restrictions. With relaxation of the rules, employers are developing plans to re-open and bring employees back to...more

Do We Really Have to Get Dressed and Go Into Work? Guideposts for Re-Opening After COVID-19

Is your state starting to lift COVID-19 restrictions? Are you migrating your workforce back into the office from furlough or from remote work? Are you trying to figure out how to do this and just wish someone would give you a...more

Yes, We Think We’re Open… Getting your Employees Back to Work During and After the COVID-19 Pandemic (Part I)

One of the hardest things about the COVID-19 crisis is that nobody is sure about when things will open back up and life can go back to “normal.” If you’re an employer, this likely means you have more questions than answers...more

Even I-9s Affected by COVID-19 (If Operating Remotely), Plus a New Form

The newest edition of Form I-9 is officially here, and DHS has provided some guidance on how to inspect work authorization documents in a COVID-19 remote world. The New Form - Last fall, U.S. Citizenship and Immigration...more

DOL’s Regulations for FFCRA, Part II: Calculating Amounts and Pay for Leave, Intermittent Leave, and How it Works with PTO

In Part I of this post we covered some of the logistics you need to get started with the FFCRA paid leave provisions. Today we will continue our review of the Department of Labor’s FFCRA temporary regulations and discuss the...more

DOL’s Regulations for the FFCRA, Part I: Who’s Covered, Posting, Documentation, Shelter-in Place Order, and Other Fun Items

At the end of last week, the Department of Labor issued 125 pages of FFCRA guidance, including actual temporary regulations and 20 new Q&As (so we are now up to 79 — but who’s counting?). While a full summary of these...more

And the Beat Goes On… DOL Publishes Second and Third Round of FAQs on FFCRA Answering Burning Employer Questions

The DOL is clearly plugged in to the issues and questions employers are running into as everyone plans to give notice of and grant paid leave under the Families First Coronavirus Response Act (FFCRA). The DOL’s first round of...more

DOL Issues FFCRA Guidance and Poster with a New April 1 Effective Date

The Department of Labor now has issued guidance, questions and answers, and a poster for those employers covered by the recently enacted Families First Coronavirus Response Act (FFCRA)...more

Is the Wait Finally Over? Senate Passes Massive COVID-19 Relief Bill — How Does It Help Employers?

Late Wednesday night, the Senate passed a sweeping coronavirus economic rescue package that would pump $2 trillion into America’s economy. The House is expected to take up the bill as early as Friday, March 27...more

More State Updates on Unemployment Benefits: Should Employees Who Have Reduced Hours or Are Laid Off Due to COVID-19 File for...

Last week we blogged about unemployment changes in Alabama, North Carolina, Texas, and Virginia and what employers who have to reduce hours or lay off folks should be considering for their employees. Since our original post...more

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