For employers required to maintain work-related injury and illness records: it’s that time of year again. The Occupational Safety and Health Administration (OSHA) requires covered employers (establishments with 10 or more...more
With such little fanfare that it may have escaped many employers’ attention, the Kentucky Labor Cabinet’s Department of Workplace Standards recently implemented final amendments to its injury and illness recordkeeping and...more
Employers now have clarification that they will be able mandate the COVID-19 vaccine among their workers in certain circumstances without running afoul of key federal anti-discrimination laws, according to updated guidance...more
12/17/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Emergency Use Authorization (EUA) ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Infectious Diseases ,
Interactive Process ,
Reasonable Accommodation ,
Religious Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
In an attempt to curb the rapid community spread of COVID-19 in the Commonwealth, Kentucky Governor Andy Beshear just issued new restrictions, effective November 20, that will impact employers across the state. While the...more
In late September, Indiana Governor Holcomb announced that Indiana could move to Stage 5 of his “Back On Track” COVID-19 plan, which allowed businesses to reopen and operate under a few restrictive measures. Since that time,...more
11/16/2020
/ Coronavirus/COVID-19 ,
Employer Responsibilities ,
Executive Orders ,
Governor Holcomb ,
Health and Safety ,
Infectious Diseases ,
Masks ,
Personal Protective Equipment ,
Public Gatherings ,
Public Health ,
Quarantine ,
Sick Employees ,
Sick Leave ,
Social Distancing ,
Virus Testing ,
Workplace Safety
Media outlets announced Saturday that Joe Biden will become the 46th president of the United States. If the legal challenges to the election result fail and he is inaugurated in January, President-Elect Biden can begin taking...more
11/10/2020
/ Anti-Retaliation Provisions ,
Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Citations ,
Coronavirus/COVID-19 ,
Employee Rights ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
OSHA ,
Safety Inspections ,
Workplace Hazards ,
Workplace Illness and Injury Reporting ,
Workplace Safety
It appears to be official: unless the election results can be overturned in several states, Joe Biden will soon be our nation’s 46th president. Now the work begins to forecast what the next four years will bring. We’ve spent...more
11/9/2020
/ Affirmative Action ,
Biden Administration ,
Data Privacy ,
Data Security ,
Employee Benefits ,
Employee Privacy Rights ,
Federal Labor Laws ,
Immigration Procedures ,
Immigration Reform ,
Labor Relations ,
Legislative Agendas ,
Paid Leave ,
Pay Equity Laws ,
Political Campaigns ,
Restrictive Covenants ,
Wage and Hour ,
Workplace Safety
When thinking about safety training for your workforce, you may be, understandably, focused on your workforce as a whole. Just as important, however, is considering the age, gender, nationality, and other aspects of all of...more
The U.S. Occupational Safety and Health Administration (OSHA) just published its newest series of answers to its COVID-19 Frequently Asked Questions (FAQs) addressing when an employer must report to OSHA an employee’s...more
This article addresses many employment-related issues facing employers in the wake of hurricane-related disasters; consequently, in addition to federal laws, we also focus on certain state laws, especially those in the areas...more
8/21/2020
/ Business Closures ,
Centers for Disease Control and Prevention (CDC) ,
Charitable Donations ,
COBRA ,
Coronavirus/COVID-19 ,
Covered Employees ,
Data Privacy ,
Employee Benefits ,
Employer Group Health Plans ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Force Majeure Clause ,
Foreign Workers ,
Form I-9 ,
H-1B ,
Health and Safety ,
Health Insurance ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Health Plan Sponsors ,
Highly-Skilled Workers Visa ,
HIPAA Privacy Rule ,
Hiring & Firing ,
Hurricane Season ,
Infectious Diseases ,
Labor Relations ,
Medical Leave ,
Military Leave ,
Military Service Members ,
Natural Disasters ,
NLRB ,
OSHA ,
Retirement ,
Retirement Plan ,
Retirement Plan Providers ,
State Labor Laws ,
Unemployment Benefits ,
Unemployment Compensation System ,
Unions ,
USCIS ,
USERRA ,
Visa Applications ,
Visas ,
Volunteers ,
Wage and Hour ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety
Because COVID-19 continues to spread at a rapid rate throughout the country, with positivity rates hovering between 7% and 8% in Indiana, Governor Eric Holcomb recently announced he will sign an executive order requiring face...more
As an increasing number of businesses begin to require face coverings in their facilities – whether as a result of a local legal mandate or in the interest of public safety – there has been a corresponding increase in the...more
Because COVID-19 continues to spread at a rapid rate throughout the country, with Kentucky being no exception, Governor Andy Beshear announced that masks or face coverings would be required starting Friday, July 10, 2020 at...more
Noting that outbreaks at food processing facilities and other high-density critical infrastructure businesses have raised unique questions that require additional guidance, the Centers for Disease Control and Prevention (CDC)...more
The Occupational Safety and Health Administration recently announced that OSHA area offices will begin to increase in-person inspections in some parts of the country as the agency released a revised response plan on how it...more
While there had been some doubt whether Kentucky’s various COVID-19 reopening “requirements” and “guidelines” had the force of law, the state largely removed that doubt today through an Order confirming that these releases...more
Governor Andy Beshear recently announced a tentative schedule for re-opening specific Kentucky businesses amid the coronavirus pandemic. Certain businesses that encourage large gatherings, like bars, will remain closed, but...more
The Occupational Safety and Health Administration recently issued interim guidance to its area offices on how to handle COVID-19 related complaints, indicating that employers in “high risk” industries such as hospitals and...more
5/5/2020
/ Coronavirus/COVID-19 ,
Health and Safety ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
Nursing Homes ,
OSHA ,
Personal Protective Equipment ,
Public Health ,
Workplace Safety
Indiana Governor Eric Holcomb just announced his plan to gradually reopen the state as part of a five-step plan, dubbed “Back-On-Track.” Indiana will follow four guiding principles to determine how various sectors of the...more
5/4/2020
/ Coronavirus/COVID-19 ,
Employer Responsibilities ,
Governor Holcomb ,
Health and Safety ,
Infectious Diseases ,
Personal Protective Equipment ,
Public Health ,
Re-Opening Guidelines ,
State and Local Government ,
Virus Testing ,
Workplace Safety
Resuming business operations as the intensity of the COVID-19 pandemic decreases and governments in Kentucky and Indiana ease restrictions will involve more than unlocking your front door and turning the lights on. You must...more
5/1/2020
/ Coronavirus/COVID-19 ,
Employee Benefits ,
Employer Responsibilities ,
Health and Safety ,
Human Resources Professionals ,
Infectious Diseases ,
Paid Leave ,
Personal Protective Equipment ,
Public Health ,
Re-Opening Guidelines ,
Remote Working ,
Shelter-In-Place ,
Sick Leave ,
State and Local Government ,
Unemployment Benefits ,
Virus Testing ,
Wage and Hour ,
Workplace Safety ,
Wrongful Death
Kentucky OSHA (KOSH) has been tasked with enforcing Governor Beshear’s Executive Orders (EO) regarding essential businesses and social distancing. See Executive Order 2020-257. For those essential businesses who are now...more
The Kentucky Labor Cabinet’s Department of Workplace Standards released its proposed amendments to its injury and illness recordkeeping and reporting requirements on February 11, 2020. A public hearing on these amendments...more
4/24/2020
/ Comment Period ,
Employer Liability Issues ,
Health and Safety ,
OSHA ,
Proposed Amendments ,
Public Comment ,
Recordkeeping Requirements ,
Reporting Requirements ,
Workplace Illness and Injury Reporting ,
Workplace Injury ,
Workplace Safety
The CDC recently recommended the use of homemade cloth face coverings in public settings, which raised many questions among in the workplace law community. The two most common questions: Are these DIY cloth face coverings...more
Have you ever heard the expression “a good craftsman never blames his tools”? Well, that doesn’t apply to Buzz Kutt, one of your technicians who continually blames others for his own inability to turn hours. Now that summer...more
Employee burnout is now an officially diagnosable condition. According to the World Health Organization (WHO), which recently updated its definition, employee burnout is not a medical condition. Instead, the WHO calls burnout...more