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Labor & Employment News Alert

WVSCA Holds County Commissions Owning Public Hospitals are not "Employers" under WV Human Rights Act or Whistle-Blower Law, nor "Health Care Entities" under the Patient Safety Act

The Supreme Court of Appeals of West Virginia, in a decision important to healthcare employers, recently held that county commissions that own public hospitals are not “employers” under the West Virginia Human Rights Act or Whistle-Blower Law, nor are they “health care entities” for purposes of the Patient Safety Act.  

In State of West Virginia Ex Rel. Grant County Commission v. Lynn Nelson et al.…

Families First Coronavirus Response Act Paid Leave Benefits Extended (sort of)

On Sunday, December 27, 2020, President Trump signed the “Consolidated Appropriations Act, 2021,” (“the Act”) which includes a subtle, yet significant, amendment to the Families First Coronavirus Response Act (“FFCRA”).  

To review, the FFCRA became effective on April 1, 2020, and requires employers with fewer than 500 employees to provide two types of paid leave regarding Covid-19: (1) Emergency…

UPDATED Jackson Kelly Attorneys file Amicus Brief for Kentucky Chamber, SHRM, and others On Unemployment Issue in Kentucky

Jackson Kelly attorneys Jay Ingle and Alexander Gardner recently filed an Amicus Brief with the Kentucky Supreme Court on behalf of a number of prominent business organizations in a case addressing whether employers are required to be represented by attorneys at unemployment compensation hearings. Arguing that employers should not be required to use attorneys in every unemployment matter, Jackson…

Jackson Kelly Attorneys file Amicus Brief for Kentucky Chamber, SHRM, and others on Unemployment Issue in Kentucky

Jackson Kelly attorneys Jay Ingle and Alexander Gardner recently filed an Amicus Brief with the Kentucky Supreme Court on behalf of a number of prominent business organizations in a case addressing whether employers are required to be represented by attorneys at unemployment compensation hearings. Arguing that employers should not be required to use attorneys in every unemployment matter, Jackson…

Attention Healthcare Employers:  The U.S. Department of Labor Issues New Guidance Regarding the “healthcare provider exemption” under the Families First Coronavirus Response Act.

After Congress adopted the Families First Coronavirus Response Act, the U.S. Department of Labor issued a temporary rule that applied to healthcare employers. Specifically, the DOL determined that all employees of certain healthcare providers could be exempted from the new Emergency Family and Medical Leave and Emergency Paid Sick Leave entitlements. The exemption applied to all employees…

DOL Offers Guidance on FFCRA Leave and School Reopening Plans

Just in time for schools to reopen, the Department of Labor has released additional guidance explaining when employees are entitled to leave to care for children whose schools will remain at least partially closed due to COVID-19. The Families First Coronavirus Relief Act (“FCCRA”) provides up to 12 weeks of partially paid leave for employees to care for a child whose school has closed due to…

UPDATED - CDC Critical Infrastructure Guidance

The Centers for Disease Control and Prevention (CDC) changed its guidance for critical infrastructure workers allowing those exposed to COVID-19 to return to work as long as they remain asymptomatic and additional precautions are implemented. Previous guidance was that exposed individuals should self-quarantine for 14 days. Below is a summary of the CDC’s new guidance:

Additional Precautions: The…

A New York Federal Court Strikes Certain Department of Labor (“DOL”) Regulations Regarding Paid Leave Under the FFCRA

A federal district court in New York recently ruled in favor of the State of New York and struck down key provisions from the U.S. Department of Labor’s rule implementing and interpreting the Families First Coronavirus Response Act (“FFCRA”). A summary of State of New York v. U.S. Dept. of Labor’s1 key holdings are as follows:

  1. The district court struck down the DOL’s work availability requirement.…

In Landmark LGBT Case, SCOTUS Rules That Title VII Prohibits Gay and Transgender Discrimination

Today, the Supreme Court of the United States handed down a decision affecting the civil rights of employees nationwide. In Bostock v. Clayton County, Georgia, the Supreme Court held, in a 6-3 decision, that an employer who discharges an individual for being “homosexual or transgender” violates Title VII of the Civil Rights Act of 1964. The Court’s opinion, which can be accessed here, resolved…

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…

BUSINESSES CAN REQUIRE CUSTOMERS AND EMPLOYEES TO WEAR MASKS DURING THE COVID-19 PANDEMIC

Inexplicably, wearing face masks during the COVID-19 pandemic has become controversial. We see viral videos of people claiming that their rights have been violated. Several instances have been reported where retail customers are challenging requirements to wear masks when patronizing a business. We see examples of customers stating that “the ADA prohibits you from requiring me to wear a mask.”…

More guidance from the EEOC regarding COVID-19 and the ADA

We’re entering the fifth month of a national public health emergency regarding the COVID-19 pandemic, and it’s become clear that employers and human resource professionals will need to apply and rethink traditional employment law concepts in a new environment. The Equal Employment Opportunity Commission (“EEOC”) once again issued some updated guidance for employers who are trying to comply with…

 

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