Labor & Employment News Alert

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

June 15, 2020

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?

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…

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

May 22, 2020

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

May 7, 2020

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…

Indiana Re-Opening For Business

May 5, 2020

On May 1, 2020, Governor Holcomb issued an executive order providing a roadmap for how Indiana business and state government will reopen. The executive order sets forth a plan for the reopening of businesses in numerous stages. Stage 2 begins for most Indiana counties on May 5^th and continues to May 23^rd. A summary of the plan is as follows:

Reopening Plans Required for Businesses

A key…

PUC and PPP Intersection

May 5, 2020

What is the relationship between Pandemic Unemployment Compensation ("PUC") and the payroll requirements of the Paycheck Protection Program ("PPP") loan forgiveness? The PPP rules tie loan forgiveness to an employer’s payroll, full-time equivalent census, and reductions in payroll. Pandemic Unemployment Compensation provides enhanced unemployment benefits of $600 per week. But there is tension…

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…

Employers May Require COVID-19 Testing

April 23, 2020

Many employers have furloughed or laid off employees because of the COVID-19 pandemic. As employers begin to assess their ability to ramp up operations and call employees back to work, one question to consider is whether employers can require their employees to be tested for COVID-19. On Thursday, April 23, 2020, the EEOC provided some guidance regarding that question.  

The Americans with…

COVID-19: Changes to Group Health Plans Required

April 23, 2020

In the past month, the COVID-19 pandemic has prompted unprecedented change for employers, including employer-sponsored group health plans. The Departments of Labor, Health and Human Services and Treasury recently issued FAQs to implement the new health coverage provisions for group health plans and issuers. This article summarizes the major requirements imposed on employer-sponsored group health…

West Virginia Supreme Court Upholds State’s Right to Work Law

April 21, 2020

On April 21, 2020, the Supreme Court of Appeals of West Virginia upheld the constitutionality of West Virginia’s Right to Work law and reversed a circuit court decision that found otherwise. The Court has remanded the case to the circuit court with directions to enter summary judgment in favor of the State of West Virginia. The entire decision can be found here.

In 2016, the West Virginia…

The Gig Economy and CARES Act Q&A

April 17, 2020

The Coronavirus Aid, Relief, and Economic Security (CARES Act) provides unemployment benefits for gig economy workers.  What is the impact on the workers and the businesses that hire them, and what could be next?

What is the Gig Economy? 

The gig economy describes the market of short-term contract or freelance workers as compared to the traditional permanent jobs, whether full-time or part-time. The…

West Virginia Businesses Beware: Emergency Rule Creates Sweeping Operational Requirements During The COVID-19 State of Emergency

April 17, 2020

On April 16, 2020, the West Virginia Department of Health and Human Resources, Bureau for Public Health (“BPH”) promulgated an emergency rule in response to the ongoing COVID-19 pandemic.¹ This rule, titled Public Health Standards for Businesses Remaining Open During the COVID-19 Outbreak (hereafter referred to as the “Rule”), establishes uniform public health standards for businesses currently…