Labor & Employment News Alert

An Indiana District Court Addresses the Interplay between CBD Usage, Drug Testing, and the ADA

April 8, 2022

            In 2018, Indiana legalized the sale and use of cannabis-derived CBD oil. Marijuana use, however, both recreational and medicinal, is still illegal in Indiana. While many of Indiana’s neighboring states are legalizing (1) marijuana for recreational and/or medicinal use; and/or (2) the sale and use of CBD oil, Indiana employers are faced with the following dilemma:

• Can you terminate an employee for…

Biden's Vaccine Mandates: What Does This Mean for Employers?

September 14, 2021

Last week President Biden took employers by storm and released a six-pronged, national strategy called the “Path Out of the Pandemic.” This plan requires, among other things: (1) private employers with more than 100 employees to mandate that their workers be vaccinated or undergo weekly testing; (2) federal employees and contractors to be vaccinated; and (3) vaccinations for workers in most…

School’s Out for Summer: Do Employees Still Get Paid Leave?

May 27, 2020

Although it’s been some time since many children have physically attended school, the school year is officially coming to a close across the country. No more virtual classes, at-home learning and parent-led studies (at least for a little while). Kids and parents/caregivers alike may be happy to get a break from what has been a unique couple of months as schools and families adjusted to at-home…

Group Health Plan Deadlines Extended

April 30, 2020

On April 29, the Departments of Labor and the Treasury, in consultation with the Department of Health and Human Services, issued a new final rule with respect to extensions of time for various deadlines related to employee benefit plans. The new rule extends timeframes with respect to HIPAA, COBRA and ERISA claims for benefits by disregarding the “Outbreak Period,” defined as the period from…

Temporary Rule Offers Guidance on the Families First Coronavirus Response Act

April 2, 2020

The United States Department of Labor issued a temporary rule on April 1, 2020, related to the Families First Coronavirus Response Act. The new rule interprets the paid leave provisions of the Emergency Paid Sick Leave Act (“EPSLA”) and the Emergency Family and Medical Leave Expansion Act (“EFMLEA”). Below is a summary of highlights from the rule that provide new information or more detail on…

I-9 Compliance During COVID-19: DHS Announces Flexibility for Employers Working Remotely and Automatic Extension for NOIs

March 26, 2020

Flexibility for In-Person Verification

The Department of Homeland Security has announced that it will relax its compliance rules for Initial Employee Eligibility Verification (Form I-9) for employers who are operating remotely in keeping with the restrictions being put in place to help slow the spread of COVID-19 and the encouragement to work remotely.

The accommodations from DHS relax the…

Attention Healthcare Employers: A Problem with the Families First Coronavirus Response Act

March 20, 2020

On March 18, 2020, the Families First Coronavirus Act (H.R. 6201) (the “Act”) was signed into law.  The Act provides a broad range of economic relief for both businesses and families -- it expands the Family and Medical Leave Act (“FMLA”), requires paid sick leave, and offers dollar for dollar tax credits for employers to recoup costs related to paid leave under the Act through the end of 2020.…

Summary of H.R. 6201, Families First Coronavirus Response Act

March 18, 2020

On March 13, 2020, President Trump declared the Coronavirus (COVID-19) pandemic a national emergency. Shortly after midnight on March 14, 2020, the U.S. House of Representatives overwhelmingly voted to pass the Families First Coronavirus Response Act (H.R. 6201) in response to the Coronavirus outbreak to reduce the economic impact on individuals and business taxpayers.  Although the bill is still…

The Coronavirus: Q & A For Employers Part 2 (revised March 18, 2020)

March 17, 2020

On Wednesday, March 11, 2020, the World Health Organization (“WHO”) announced that the coronavirus (“COVID-19”) has become a pandemic.  The virus has infected nearly 120,000 people in 114 countries.  More than 4,000 have died.  In Part 2 of our series, we continue to answer questions that employers have presented to us.

 Question:        We provide critical support to a healthcare system and we cannot…

The Coronavirus: Q & A For Employers

March 11, 2020

On Wednesday, March 11, 2020, the World Health Organization (“WHO”) announced that the coronavirus (“COVID-19”) has become a pandemic.  The virus has infected nearly 120,000 people in 114 countries.  More than 4,000 have died.  We answer some basic questions that employers have presented.

Question:        I have an employee with flu-like symptoms.  Can I send them home or ask them to seek medical attention?…

Grace Hurney to Give Employment Law Presentation at WVCLE Litigation 2020 Seminar on February 8

January 13, 2020

Grace Hurney, a member of the firm’s Labor and Employment Group, will be giving a presentation at the WVCLE Litigation 2020 Seminar on Saturday, February 8, 2020.  Her topic is entitled “Litigating Motions to Dismiss in Employment Cases.”
 
The two-day seminar will be held at the Canaan Valley Resort & Conference Center in Davis, West Virginia.  If you are interested in attending or…

“I Reported, and He Got Promoted” – Riot Games’ Bro-Culture Proves Costly

December 9, 2019

Riot Games, a Los Angeles based video game developer, has agreed to pay out $10 million in a settlement with a class of women who had brought claims of sexual harassment and gender discrimination.  Announced in August 2019, court filings on December 2, 2019, revealed for the first time some of the terms of the settlement Riot Games reached with nearly 1,000 women who worked at the developer since…