Employer Law Report

Helping employers avoid the storm of legal issues in the workplace

Latest from Employer Law Report - Page 2

Recently, Governor Mike DeWine signed House Bill 81 which contains several changes to workers’ compensation laws. Most significantly, the bill contains a provision that will codify the common law voluntary abandonment doctrine. This provision should ensure that injured workers do not receive certain disability benefits if their loss of income is not related to the allowed conditions in a claim. Significantly, this codification specifically supersedes any court opinions applying the well-known doctrine.…
Conventional understanding of unemployment benefits leads to the logical conclusion that when employees are capable of working and offered suitable employment, they are not entitled to collect unemployment benefits. But like many other things in the post-COVID-19 world, conventional thinking no longer rules the day. Last week, on June 16, 2020, Gov. DeWine issued an Executive Order addressing unemployment benefits eligibility during the COVID-19 epidemic. It provides that when an employee is called back to…
The President issued the “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak” on June 22, 2020, limiting the admission of certain foreign nationals to the United States. This Proclamation includes an introduction describing the high unemployment rate resulting from the COVID-19 pandemic and the economic dislocation as justification for this ban on the admission of certain temporary visas. The President also extended the 60 day…
On June 11, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) released additional guidance covering topics like the well-intended exclusion of workers over the age of 65 who, according to the Centers for Disease Control and Prevention (CDC), are deemed to be at greater risk for severe cases of COVID-19. The guidance also covers issues related to  pregnancy, remote harassment and employees living with family members who are high risk due to underlying health conditions.…
In a landmark decision issued today, the U.S. Supreme Court held in a 6-3 opinion that the sex discrimination prohibitions of Title VII of the Civil Rights Act of 1964 include discrimination based on sexual orientation or transgender status. The opinion was authored by Justice Gorsuch, and was joined by Chief Justice Roberts and Justices Ginsburg, Breyer, Sotomayor, and Kagan.…
On June 5, 2020 Illinois Gov. J.B. Pritzker signed House Bill 2455 into law, thereby amending the Illinois Workers’ Occupation Diseases Act with respect to claims related to COVID-19. Codified as Public Act 101-0633, the amendment creates a rebuttable presumption that an employee’s contraction of COVID-19 arises out of and in the course of that employee’s first responder or front-line worker employment, and that the injury or occupational disease is rebuttably presumed to be causally…
Previously, the Ohio Bureau of Workers’ Compensation (BWC) announced it will defer employer premium installment payments for the months of March, April and May, making those payments due June 1, 2020. Now the BWC has announced it will further defer premium installment payments for the months of June, July and August as well. This means the deferred premium installment payments are now due Sept. 1, 2020.…