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Labor & Employment News Alert

Human resources

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

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

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

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

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

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

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)

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

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

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

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…

#MeToo, Times Up, and Labor Negotiations

The #MeToo and Times Up movements may be coming to your bargaining table in the near future. Earlier this month, Netflix and a major Hollywood union, the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA), negotiated a contract containing anti-harassment protections in the form of prohibiting auditions from being held in private residences or hotel rooms. The…

A recent legal challenge may determine the enforceability of West Virginia’s parking lot bill

A federal lawsuit may determine whether employees have the right to keep firearms in their cars while at work. On March 10, 2018, the West Virginia Legislature passed The Business Liability Protection Act (“the Act”), which has become commonly known as the “The Gun Bill” or “The Parking Lot Bill.”  This legislation imposes liability and significant restrictions on an employer’s ability to manage…

 

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