In the wake of the COVID pandemic and challenging social justice issues, many employers have pledged increasing support and wellness programs for employees dealing with mental health issues. One way employers can make good on...more
Development: On Friday, December 17, 2021, a three-judge panel of the 6th Circuit Court of Appeals lifted the stay that had been placed on the OSHA “Emergency Temporary Standard” (ETS) for larger private employers regarding...more
12/21/2021
/ Appeals ,
Compliance Dates ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Order to Lift Stay ,
OSHA ,
Petition for Writ of Certiorari ,
Stays ,
Temporary Regulations ,
Time Extensions ,
Vaccinations
As employers eye the December 6, 2021 date for the first stage of compliance with the Occupational Safety and Health Administration’s “Emergency Temporary Standard” regarding COVID vaccination - including establishing a COVID...more
As employers make plans to modify pandemic-related work-from-home arrangements and require employees to come into the workplace, many have wrestled with “the vaccination status question.” Should employers ask employees...more
6/15/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
Pursuant to the Chicago Vaccine Anti-Retaliation Ordinance that took effect on April 21, 2021, Chicago workers – including both employees and independent contractors – now have certain protections designed to safeguard access...more
With an express purpose of encouraging employees (and their family members) to get the COVID-19 vaccine, the Illinois Department of Labor (“IDOL”) recently issued guidance for employers regarding compensation and paid leave...more
COVID-19 has led to significant employee absences from the workplace. While the federal Family and Medical Leave Act (FMLA) may well apply to certain such absences, employers must avoid the temptation to count all...more
The United States Department of Labor (DOL) wrapped up 2020 by issuing COVID-related guidance under both the Family and Medical Leave Act (FMLA) and the Families First Coronavirus Response Act (FFCRA).
FMLA Guidance -...more
Late last night, President Trump signed the newest COVID relief bill into law. The new law amends several federal relief laws, including the Families First Coronavirus Response Act (“FFCRA”)....more
Late on December 21, 2020, Congress passed a new federal COVID relief bill, which, if signed into law, would amend a number of laws, including the Families First Coronavirus Response Act (“FFCRA”). The FFCRA currently...more
As 2020 is nearing an end, so too are the leave entitlements available to certain employees under the federal Families First Coronavirus Response Act (FFCRA). Below are key points to keep in mind as we approach this end date,...more
In August, we informed you of a decision by a federal district court in New York (the “Court”) that invalidated four key provisions of the federal Department of Labor’s (“DOL”) regulations interpreting the Families First...more
Last week, the Department of Labor (“DOL”) published guidance (Q&A #s 98-100) on the impact of various school reopening plans on employees’ entitlement to leave under the Families First Coronavirus Response Act (“FFCRA”). As...more
Employers’ efforts to comply with the Families First Coronavirus Response Act (“FFCRA”) were further complicated on Monday when the United States District Court for the Southern District of New York invalidated several key...more
As states across the country see spikes in COVID-19 cases, employers continue to wrestle with how to handle “high risk” employees, i.e., employees who are at an increased risk for severe illness from COVID-19. Guidance from...more
8/3/2020
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Responsibilities ,
Equal Employment Opportunity Commission (EEOC) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
High Risk Covid Employees ,
NLRA ,
OSHA ,
State and Local Government ,
Workplace Safety
With all of the attention being given to COVID-19-related leave under the Families First Coronavirus Response Act (“FFCRA”), we mustn’t forget the (traditional) Family and Medical Leave Act (“FMLA”). To remind us, the federal...more
On July 20, as part of a barrage of new guidance relating to the Families First Coronavirus Response Act (“FFCRA”), Family and Medical Leave Act (“FMLA”), and Fair Labor Standards Act (“FLSA”), the federal Department of Labor...more
With school reopening plans currently a hot topic across the country, a natural corollary is: What do those plans mean for employee requests for leave to care for a child under the Families First Coronavirus Response Act...more
The advent of summer has brought the reality of “child care” leave under the Families First Coronavirus Response Act (FFCRA) to the forefront of employers’ minds: Are employees really entitled to up to 12 weeks of leave to...more
As employers prepare their “Return To Work” plans, clear communications to employees about protocols and expectations will be critically important. Recent updates to the federal Equal Employment Opportunity Commission (EEOC)...more
6/24/2020
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Re-Opening Guidelines ,
Reasonable Accommodation ,
Rehabilitation Act ,
Workplace Safety
As the result of an Ordinance that was passed and became effective on May 20, 2020, Chicago employers are prohibited from taking adverse action against employees who take leave for certain COVID-19 related reasons.
Covered...more
The federal Department of Labor (“DOL”) is closing in on 100 informal “questions and answers” (the “Q&A”) relating to the Families First Coronavirus Response Act (“FFCRA”), having issued Q&A #s 89-93. The new Q&A address...more
On April 30, 2020, Governor Pritzker issued Executive Order 2020-32, effective May 1, extending social distancing requirements and, among other things, issuing new guidelines for Illinois employers.
The key...more
Although the federal Department of Labor (“DOL”) declared April 1 – 17 to be a temporary period of non-enforcement of the Families First Coronavirus Response Act (“FFCRA”), the DOL was far from idle during that period. To the...more
The call to HR is becoming more common: I have COVID-19. Should I go on a leave of absence, and if so, will I be paid while I am out?
It is clear that an employee who has tested positive for COVID-19 (or who is likely...more