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McBrayer Blogs

Showing 27 posts tagged employment law.

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

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: 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 >

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 >

SCOTUS Rules On Landmark LGBTQ+ Workplace Protections

A landmark decision was handed down by the Supreme Court of the United States on June 15, 2020. In a 6-3 ruling, the Court found that Title VII of the Civil Rights Act of 1964, which protects employees from discrimination based on sex, also extends protections against discrimination based on sexual orientation and gender identity. This decision is historic for LGBTQ+ employees. 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 >

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 >

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