Labor & Employment News AlertBiden'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… UPDATED Biden's Vaccine/Testing Mandates: What Does This Mean for Employers?September 14, 2021 On September 9, 2021, President Joe Biden issued a comprehensive, national strategy called the Path Out of the Pandemic: President Biden’s COVID-19 Action Plan to combat the COVID-19 pandemic more aggressively. The Plan outlines a six-pronged approach to increase incentives and requirements to get vaccinated. Portions of the Plan will soon require all employees working for large private entities… Alternatives to Non-Compete AgreementsAugust 17, 2021 Non-competition agreements have recently come under attack at both the federal and state level. Last year, for example, Indiana passed a law providing greater restrictions on non-compete agreements related to healthcare professionals. At the federal level, in July President Biden issued an executive order that,among many other competition-focused objectives, encourages the Federal Trade… The Latest Edition of the JK Defense NewsletterJuly 1, 2021 Learn about the latest changes in labor and employment law in the attached JK Defense Newsletter. Our topics focus on new Tri-State issues ranging from workplace accommodations for pregnant employees (Indiana), the use of employee conviction records in hiring decisions (Illinois), and the type of leave available for adoptive parents (Kentucky). 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 ActMarch 24, 2021 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)December 28, 2020 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 KentuckyNovember 6, 2020 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 KentuckyOctober 16, 2020 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.September 14, 2020 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 PlansSeptember 1, 2020 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 GuidanceAugust 13, 2020 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 FFCRAAugust 7, 2020 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:
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