Last Friday, the CDC yet again updated its guidance for COVID-19 testing. If you’re keeping count, this is the CDC’s fifth set of testing rules. What’s changed?  Due to the significance of asymptomatic and pre-symptomatic transmission, this guidance further reinforces the need to test asymptomatic persons, including close contacts of a person with documented SARS-CoV-2 infection. This change is huge. Just four weeks ago, the CDC had updated the same guidance to state: “If you…

In Kirilenko-Ison v. Board of Education of Danville Independent Schools, the 6th Circuit Court of Appeals held that an employee who engages in advocacy with their employee regarding the rights of a disabled third-party engages in activity that the ADA protects from retaliation.  That case involved two school nurses fired alleged for advocating for the rights of their disabled students. It’s not difficult, however, to see how this holding translates to a situation involving,…

There is no doubt that the COVID-19 pandemic has been tough on employees. A recent report published by Policy Matters Ohio illustrates just how tough it’s really been. Ohio had fewer jobs in April 2020 (4,704,000) than at any time in the past 30 years. At the height of COVID-related unemployment, 31.7% of Ohio workers were out of work because of employer layoffs, furloughs, and closures. Unemployment peaked at 17.3% While unemployment and jobless numbers…

In County of Butler v. Wolf, Judge William S. Stickman IV of the United States District Court for the Western District of Pennsylvania (a recent appointee of President Trump) held that state-imposed shutdown orders that closed businesses, required people to stay home, and placed limits on public gatherings—all aimed at stopping the spread of the COVID-19 pandemic—were “well-intentioned” but unconstitutional. At issue was a series of business closure and stay-at-home orders issued by Governor…

A Texas man sues, claiming he wasn’t allowed to keep teleworking after the office reopened A Kentucky worker sues after being fired for complaining about a lack of face masks at work An older New York employee sues, claiming he was laid off because he was in a “vulnerable” COVID age group   These are but a few of the dozens (and exponentially growing) lawsuits that employees have filed all over the country over COVID-related…

In early August, a New York federal district court judge issued an order invaliding several key provisions in the DOL’s FFCRA regulations. Last Friday evening, the DOL responded with revised regulations that left most of its prior regulations intact, while also make a few common-sense amendments.  Here’s what the DOL did, and did not, change in response to the court’s order, and why. 1/ The DOL reaffirmed that an employee may only take paid sick leave…

Deborah Kofler worked for Sayde Steeves Cleaning Service as a residential and commercial cleaner. Beginning on April 1, Kofler requested paid leave under the Families First Coronavirus Response Act to care for her two minor children who were at home beacause of COVID-19 related school closures. One week late Sayde terminated her employment. Kofler sued for retaliation under the Fair Labor Standards Act. In responding to Kofler’s lawsuit, Sayde sought dismissal, arguing that Kofler is alleging…