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McBrayer Blogs

Supreme Court: Bad Intent Not Enough to Violate the Computer Fraud and Abuse Act

In an unlikely 6-3 decision where Justices Barrett, Gorsuch, and Kavanaugh joined the three so-called “liberal justices,” the United States Supreme Court held on June 3, 2021, that a police officer did not violate the Computer Fraud and Abuse Act, 18 U.S.C. §1030(a)(2) (“CFAA”), by accessing a law enforcement database to retrieve information to commit a crime. This case may have far-reaching implications for companies that provide access to trade secrets and confidential information to employees, and it’s probably time for them to review their contracts and policies. More >

New Kentucky Law Protects Businesses from COVID-19 Liability

Kentucky recently joined a growing group of states who have passed measures to protect private businesses from coronavirus-related lawsuits. Senate Bill 5 cleared the Kentucky Senate in early March and the House soon thereafter. It became law on Monday, April 11, without the Governor’s signature. More >

EEOC Updates Compliance Manual on Religious Discrimination

Recently, the EEOC released updated guidance for employers regarding religious discrimination and accommodations in the Compliance Manual Section on Religious Discrimination. The updates override the previous iteration of the manual published in 2008. Importantly, this manual does not bind employers by law, but it does inform the way that the EEOC processes claims under the law and is therefore a crucial resource for employers.  With these updates, the EEOC clarified an important aspect of religious discrimination: who is protected by the Title VII. More >

Employers, Take Note: EEOC Releases COVID-19 Vaccine Guidance

Throughout the course of 2020, employers have had to stay abreast of a myriad of COVID-19 regulations in the workplace. This includes understanding the ways that CDC guidelines, local and federal regulations, and public health recommendations intersect with the Americans with Disabilities Act (‘ADA’), Title VII of the Civil Rights Act, the Genetic Information Nondiscrimination Act (‘GINA’), and more. In addition to the existing recommendations, the EEOC has released guidance for employers to stay compliant when managing the distribution of the newly approved coronavirus vaccines in the workplace. 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 >

ALERT: New CDC Guidance Redefines “Close Contact” and Employers Must Take Notice

On Wednesday, October 21, 2020, the CDC again revised its guidance on the definition of “close contact” for purposes of reducing the transmission of COVID-19.  Recently, the United States has seen a concerning increase in the number of daily cases and hospitalizations due to the coronavirus.  Ten states, including Kentucky, recorded their highest number of hospitalizations this week.  Experts are worried about a “rapid acceleration” in the upcoming fall and winter months where there are fewer opportunities to gather in open, outdoor spaces. More >

UPDATED - EEOC Releases Guidance on ADA Issues and COVID-19 for Employers

In April 2020, the EEOC began publishing guidance for employers on how to comply with ADA and other anti-discrimination laws and regulations in the face of COVID-19.   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 >

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