Employment Law Blog

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 >

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 >

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 >

Department of Labor Issues Guidance for Employers – Paid Leave Provisions Take Effect April 1st

On March 24th, the Department of Labor (DOL) issued guidance for employers and employees as to how they will be affected by the Families First Coronavirus Response Act (FFCRA) when it takes effect on April 1, 2020. The guidance came in the form of an introductory statement, a fact sheet for employers, a fact sheet for employees, and a Q&A sheet that covers a wide variety of situations.   More >

IRS, Department of Labor, and Treasury Outline Workings of Paid Leave Tax Credits

The Department of Labor, IRS and Treasury Department have released a joint notice outlining how employers may utilize tax credits to provide mandated paid leave under the Families First Coronavirus Response Act signed into law on March 18th. The paid leave provisions have been discussed in our summary of the new law here, and these three agencies have now provided a glimpse of the road map for employers to cover the costs of paid leave. While the actual guidance is slated to be issued this week, the notice included information about how these provisions will operate: More >

COVID-19 Update for Employers: New Notice, and NOW is the Time to Review Your Policies

A New Notice is Required

The Families First Coronavirus Relief Act, H.R. 6201, is now law, and requires many employers to provide paid leave in one form or another during the COVID-19 crisis. The Emergency Paid Sick Leave Act portion of the new law also requires employers to conspicuously post a notice, where such notices to employees are generally posted, prepared by the Secretary of Labor. This notice is now available from the DOL at this link.  An FAQ from the DOL on this notice is also available on their website. One of the important takeaways from the FAQ is that employers with a largely working-from-home workforce may satisfy the conspicuous posting requirement by emailing or direct mailing the notice to their employees or posting it to an internal employee website.  More >