Bailey Cavalieri LLC

On a foundation of a large national law firm, Bailey Cavalieri serves clients needs ranging from healthcare and employment to corporate and real estate law. From individuals to Fortune 500 Bailey Cavalieri addresses each client's needs with trust, openness, honesty, and a commitment to keep their clients informed.

Latest from Bailey Cavalieri LLC

Allowing non-exempt workers to work unsupervised from home has always been a big no-no in the wage-hour world. Allowing this exposes the employer to claims for unpaid hours, and unpaid overtime, from  federal, state, and local laws with unforgiving penalties. Recognizing the number of non-exempt employees working from home during the coronavirus pandemic, the federal Department of Labor (DOL) released guidance on tracking telework. The key is having a clear tracking method in place to…
The U.S. Department of Labor (DOL) revised its April 1, 2020 regulations about who qualifies for emergency sick leave under the Families First Coronavirus Response Act (FFCRA) after parts of its prior regulations were struck down by a New York federal court on August 3, 2020 (see earlier blog post). The NY court struck down four provisions of the prior regulations: The requirement that work be “available” in order to take FFCRA leave from…
On September 14, 2020, Ohio passed and the Governor signed House Bill 606, which provides qualified immunity to healthcare providers and employers who are accused of spreading COVID-19. It will become effective on December 13, 2020 (90 days after signed into law). Section 1 of the law provides qualified immunity to healthcare providers providing services during the coronavirus pandemic. It applies to actions taken from March 9, 2020 to September 30, 2021. The new law…
The EEOC updated its Q&As on COVID-19 and the pandemic in light of the ADA and Rehabilitation Act. The highlights are as follows: Employers may: Require accurate and reliable COVID-19 tests in order to decide who may return to work when employees will be physically entering the workplace. Ask employees who will be physically entering the workplace if they have been diagnosed with, tested for, or exposed to anyone with COVID-19. Ask employees who will…
In late July, a group of fourteen grocery store workers sued a supermarket chain, alleging that it discriminated against employees when it banned the wearing of Black Lives Matter or BLM masks at work. The lawsuit alleges that the company disciplined, and in one case, terminated, employees for wearing masks supporting the racial justice and political movement. In its defense, the employer said that it enforced a neutral dress code policy prohibiting all visible slogans,…
On August 8, 2020, President Trump issued a Presidential Memorandum allowing employees to have a tax “holiday” deferring the normal employee payroll tax withholding for social security (6.2% of wages) from September 1-December 31, 2020. This was designed to provide a much needed boost to employees in their take-home pay. Unfortunately, it comes with a host of administrative burdens for employer payroll compliance that may make it not worth the trouble. First, how does it…
The Department of Labor (DOL) released new model forms for requesting FMLA leave and notifying employees of their rights: Eligibility & Rights and Responsibilities Notice, Form WH-381 Designation Notice, Form WH-382 Certification for Employee’s Serious Health Condition, WH-380-E Certification for Family Member’s Serious Health Condition, WH-380-F Certification for Qualifying Exigency, WH-384 Military Caregiver, Leave of Current Servicemember, WH-385 Military Caregiver, Leave of a Veteran, WH-385-V Employers are free to use these forms or create their…
The EEOC released two new guidance documents for employers on handling opioid abuse and addiction in the workplace. The first, Use and Misuse of Codeine, Oxycodone, and Other Opioids: Information for Employees, is intended for employees and describes what is and is not a covered disability. This guidance document makes it clear that the Americans with Disabilities Act (ADA) does not protect current illegal drug use. This means that employers can terminate an employee for…
A New York federal judge struck down or limited several of the Department of Labor (DOL)’s restrictions on federal COVID-19 paid leave under the Families First Coronavirus Relief Act (FFCRA): (1) work availability requirement, (2) healthcare worker exemption, (3) intermittent leave employer consent, and (4) requirement to submit documentation before taking leave. Work availability requirement First, the judge struck down the limitation that employees may not use COVID-19 leave under the FFCRA if their employers…
The National Labor Relations Board (NLRB) just made it easier to address employee outbursts involving offensive or abusive statements–including outbursts involving profane, racist, and sexually inappropriate remarks. In General Motors LLC, 369 NLRB No. 127, a decision issued July 21, 2020, the NLRB modified the long-used Wright Line test for deciding whether protected concerted activity is a motivating factor in employee discipline. As you know, all employees, regardless of whether they belong to a union, have…