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The Centers for Disease Control and Prevention (“CDC”) has again updated their testing guidelines. The new language, which you can review here, “clarifies” the recommendations made in August, but to me, it seems to be a rollback.It emphasizes that anyone who has been in contact with an infected person should be tested whether or not they show symptoms. The updated guidance notes that even if people do not have symptoms, they should still need…
Oops, they did it again. Responding to an August 3 Order invalidating certain regulations from a case filed in the U.S. District Court for the Southern District of New York, on September 11, 2020, the U.S. Department of Labor (“DOL”) issued a temporary rule reaffirming and revising some of its regulations interpreting the Families First Coronavirus Response Act (“FFCRA”). If you need a refresher on the obligations FFCRA imposes upon employers and employees’ rights under…
Can an employee sue his church employer after his supervisor, a priest, created a hostile work environment claim because of the employee’s sexual orientation once the priest learned of the employee’s plans to marry his long-term partner? Yes, yes it can, according to the United States Court of Appeals for the Seventh Circuit in Demkovich v. St. Andrew The Apostle Parish, No. 19-2142 (7th Cir. 2020), decided on August 31, 2020. The facts are simple.…
By: Amy Epstein Gluck Employees must wear masks in the workplace? Check. Employees working in a socially distant manner at least six feet apart? Check. Emergency paid sick leave and expanded family medical leave policy drafted and distributed so that employees know about their rights to leave under the Families First Coronavirus Response Act? Check. Safety policies and protocols, including managing employees who test positive for COVID-19 or were potentially exposed? Now, we have…
By: Amy Epstein Gluck Employees must wear masks in the workplace? Check. Employees working in a socially distant manner at least six feet apart? Check. Emergency paid sick leave and expanded family medical leave policy drafted and distributed so that employees know about their rights to leave under the Families First Coronavirus Response Act? Check. Safety policies and protocols, including managing employees who test positive for COVID-19 or were potentially exposed? Now, we have…
What we know about COVID-19 has evolved so much over the past five months, forcing companies to be nimbler than ever to protect themselves from coronavirus-related liability. But, amidst this change, one unfortunate constant has emerged: employers continue to ask employees to sign waivers of liability to mitigate the risk if an employee later contracts COVID-19 and sues. Stop it! As Eric Meyer and I posted in a FisherBroyles Client Alert today, we neither…
What we know about COVID-19 has evolved so much over the past five months, forcing companies to be nimbler than ever to protect themselves from coronavirus-related liability. But, amidst this change, one unfortunate constant has emerged: employers continue to ask employees to sign waivers of liability to mitigate the risk if an employee later contracts COVID-19 and sues. Stop it! As Eric Meyer and I posted in a FisherBroyles Client Alert today, we neither…
By: Amy Epstein Gluck My county’s school board just made an announcement: my 15-year-old will not be attending school with his friends, in person, this fall. There is no half and half option. It’s all remote, period. He will not be playing hockey either, a fact that has him unhappy. What does this have to do with employment law? Well, a lot actually. Why? Because of the Families First Coronavirus Response Act (FFCRA). Remember, because…
By: Amy Epstein Gluck My county’s school board just made an announcement: my 15-year-old will not be attending school with his friends, in person, this fall. There is no half and half option. It’s all remote, period. He will not be playing hockey either, a fact that has him unhappy. What does this have to do with employment law? Well, a lot actually. Why? Because of the Families First Coronavirus Response Act (FFCRA). Remember, because…