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Showing 13 posts in COVID-19.

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

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 >

WARNING: DOL Moves the Goalposts on FFCRA for Healthcare Providers

When the Families First Coronavirus Response Act (“FFCRA”) was passed, healthcare providers breathed a sigh of relief to see that an exception had been carved out for them regarding the mandatory leave provisions of the law. This exclusion permitted entities with less than 500 employees to exclude “health care providers” from mandatory leave provisions. The first rules to interpret this provision defined “health care providers” in such a manner that all employees of a healthcare provider that itself met the definition would also meet the exclusion. This interpretation is no more. More >

Alternate and Hybrid School Schedules Give Parents Stronger Rights to Leave Under New FFCRA Guidance

Posted In COVID-19, FFCRA, Paid Sick Leave, Temporary Leave

On September 11, 2020, the Department of Labor (“DOL”) issued new guidance clarifying portions of the Families First Coronavirus Response Act ("FFCRA"). In an important decision for working parents, the definition of “intermittent leave” was clarified to expressly exclude instances in which employees take FFCRA leave to care for their children whose schools are operating on alternate or hybrid-attendance schedules.  More >

EEOC Nixes Required Antibody Tests in the Workplace

Posted In COVID-19, EEOC, Employment Law

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 >

DHS Provides Form I-9 Guidance During COVID-19 Pandemic

Posted In COVID-19, Employee Forms, Employment Law, Form I-9

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

Posted In Coronavirus, COVID-19, Employment Law

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

Posted In Coronavirus, COVID-19, Employment Law

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!

Posted In COVID-19, Employment Law

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 >

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