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Abusive or Offensive Language? NLRB Says “@#$% No” to Section 7 Protection
On July 21, 2020, the National Labor Relations Board (“NLRB”) issued an important decision in General Motors, LLC and Charles Robinson, modifying the standard to be used in determining whether an employee has been unlawfully disciplined or discharged for abusive or offensive statements or conduct while engaged in protected concerted activity under Section 7 of the National Labor Relations Act (“NLRA”). This decision is intended to provide needed clarity and give employers more leeway in disciplining employees for egregious misconduct and upholding existing anti-discrimination laws and policies. More >
EEOC Nixes Required Antibody Tests in the Workplace
The Equal Employment Opportunity Commission (EEOC) issued a statement clarifying that the Americans with Disabilities Act (ADA) does not allow employers to request or require antibody testing as a condition of employment, recall, or re-entry into the workplace. More >
SCOTUS Rules On Landmark LGBTQ+ Workplace Protections
A landmark decision was handed down by the Supreme Court of the United States on June 15, 2020. In a 6-3 ruling, the Court found that Title VII of the Civil Rights Act of 1964, which protects employees from discrimination based on sex, also extends protections against discrimination based on sexual orientation and gender identity. This decision is historic for LGBTQ+ employees. More >
DHS Provides Form I-9 Guidance During COVID-19 Pandemic
The stay-at-home orders that are in place across the nation have made the renewal of a state driver’s license, state ID card, and other Form I-9 List B employment eligibility verification documents challenging. In response, The U.S. Department of Homeland Security has issued a temporary policy providing guidance for expired List B identity documents when completing the I-9 form. More >
OSHA Updates Investigation Guidelines During New Pandemic Phase
New Occupational Safety and Health Administration (OSHA) guidance for Area Offices and compliance safety and health officers (CSHOs) on handling the reporting of illnesses, complaints, and referrals related to COVID-19 took effect on May 26, 2020. This guidance supersedes previous OSHA memorandums regarding temporary processes during the pandemic. More >
Phased Reopening Guidelines: How to Stay Safe and Compliant
Over the weekend, the Governor’s office revised certain portions of Kentucky’s Healthy-at-Work phased reopening minimum guidelines for all businesses, outlining the affirmative duties of both employers and employees upon returning to work on-site. All businesses – even those that have remained open – will have to adhere to these fourteen requirements in order to remain open: More >
Employee Temperature Checks and Confidentiality: Separating Fact from Fiction
The COVID-19 pandemic has sent employers scrambling for answers to questions regarding health, safety, and confidentiality in the workplace they may have never envisioned dealing with. Recently there have been questions concerning the regulatory requirements that an employer encounters when the employer performs temperature checks for employees to prevent the transmission of the COVID-19 virus among its employees and possible customers. More >
UPDATED - EEOC Releases Guidance on ADA Issues and COVID-19 for Employers
On April 17, 2020, the EEOC published updated guidance for employers on how to comply with ADA and other anti-discrimination laws and regulations in the face of COVID-19. This information is updated regularly, with the current information reflected below. The information below is excerpted from the agency's page "What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws": More >
Businesses: Submit Your Reopen Proposal!
Governor Beshear has created a phased approach to reopen Kentucky’s economy called “Healthy at Work.” As soon as the Governor determines that Kentucky has met certain public health benchmarks, he will begin authorizing certain qualified businesses to reopen. More >
What Employers Should Know About Bringing Employees Back into the Workplace, Part II
In our first set of guidance on reopening workplaces, we focused on basics of providing a safe working environment, compliance with ADA accommodations, and the next practical steps employers should begin to take. Since then, the EEOC has published updated guidance and an FAQ, and Gov. Beshear has provided guidance on the “Healthy at Work” initiative to begin a phased reopening of the Kentucky business community. Businesses and employers must pay close attention to these forms of guidance in getting back to the new normal. More >
