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Claire M. Vujanovic
Showing 15 posts by Claire M. Vujanovic.
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 >
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 >
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 >
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 >
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 >
What Employers Should Know About Bringing Employees Back into the Workplace.
By now, all businesses in the Commonwealth of Kentucky have experienced at least five weeks of interrupted operations. Some businesses have faced a complete shutdown, others are operating on skeleton crews, and others are fully operational but working remotely. The one thing all businesses all have in common is a desire to get back to “business as usual” once the Governor lifts the Healthy at Home restrictions. However, bringing employees back into the workplace will not be an easy task, and will certainly not be “business as usual.” In addition to the continuing obligations under the Families First Coronavirus Response Act and the CARES Act, employers will need to be mindful of other key laws in order to navigate our new normal in returning to work on-premises. More >
