Bailey Cavalieri LLC

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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…
Governor DeWine signed an executive order on June 16, 2020 that provides exceptions to the general rule that employees may not refuse to return to the workplace following a COVID-19 pandemic layoff or work-at-home situation. Employees with “good cause” may remain at home and refuse to work and still receive unemployment benefits. Good cause includes: Employee is over the age of 65; A medical professional’s recommendation that an individual not return to work because the…
The U.S. Department of Labor announced June 24 that it will no longer automatically pursue double damages for overtime and minimum wage violations when it seeks to settle claims prior to filing suit. This new policy is effective July 1, 2020. This announcement follows an executive order by President Trump to eliminate regulations and enforcement policies that will impact the economic recovery in the wake of the COVID-19 pandemic shutdown. The DOL clarified that it…