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Cynthia L. Effinger
Showing 64 posts by Cynthia L. Effinger.
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 >
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 >
