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Cynthia L. Effinger
Showing 67 posts by Cynthia L. Effinger.
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 >
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 >
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 >
EEOC: Opioid Use by Employees May Require Reasonable Accommodation
On August 5, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) issued guidance for employees regarding their rights under the Americans with Disabilities Act (ADA) if they use opioids, are addicted to opioids, or have been addicted in the past. Specifically, employees who are legally using opioids, including those who are or have been addicted, may be entitled to a reasonable accommodation under the ADA if the accommodation would allow them to do the job safely and effectively. 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 >
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 >
