HR Law Talk

DOL Issues Another Round of Guidance on FFCRA

September 25, 2020

On September 11, in response to a New York federal district court striking down some of the Department of Labor (DOL) regulations regarding the Families First Coronavirus Response Act (FFCRA), the DOL issued guidance (Guidance) affirming in part and revising in part, its regulations. While most of the Guidance does not result in any significant change or consequence to employers, the DOL’s revision of its prior definition of “health care provider” significantly impacts how healthcare…

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Labor & Employment Law Seminar: Employer Obligations for Returning to the Workplace Amid COVID-19

By Bass, Berry & Sims

September 11, 2020

As states and cities begin to ease COVID-19 restrictions and organizations return their employees to the workplace, employers are forced to navigate an unprecedented and fluid landscape of post-pandemic compliance issues. This virtual seminar will address the difficult issues facing employers as they return their employees to the workplace and provide practical guidance for understanding the associated legal challenges. Bass, Berry & Sims labor & employment attorneys will present tools for developing and implementing a…

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Court Ruling Invalidates DOL’s Final Rule Related to FFCRA

By Robert Horton

August 4, 2020

On August 3, the federal court for the Southern District of New York (SDNY) issued an order invalidating several significant portions of the Department of Labor’s (DOL’s) Final Rule regarding the Families First Coronavirus Response Act (FFCRA). The SDNY struck down the following provisions: That work has to be otherwise available to the employee for the employee to be eligible for Emergency Paid Sick Leave (EPSL). The DOL’s expansive definition of “healthcare providers” for the…

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OSHA Guidance Regarding Cloth Face Coverings in the Workplace

By Mary Leigh Pirtle

July 22, 2020

The Occupational Safety and Health Administration (OSHA) has updated its Frequently Asked Questions (FAQs) regarding workplace safety and addressing topics related to COVID-19, including whether workers should wear a cloth face covering while at work per the CDC’s recommendations. OSHA generally advises, yes. The FAQs state the following: “OSHA generally recommends that employers encourage workers to wear face coverings at work. Face coverings are intended to prevent wearers who have Coronavirus Disease (COVID-19) without knowing…

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Supreme Court Rules that Title VII Protects LGBTQ Employees

By Audrey Anderson, Doug Dahl, Tim K. Garrett, Brett Good & Kimberly Veirs

June 15, 2020

The U.S. Supreme Court issued a landmark decision on Monday, June 15, in the case of Bostock v. Clayton County, ruling that the prohibitions against discrimination “because of sex” contained in Title VII of the Civil Rights Act of 1964 (Title VII) extend to protect gay and transgender employees against workplace discrimination. Justice Neil Gorsuch delivered the opinion of the Court with Justices Alito and Kavanaugh each issuing dissenting opinions. In each of the three…

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EEOC Update: COVID-19 Guidance on Various Workplace Discrimination Issues

By Mary Leigh Pirtle

June 12, 2020

The U.S. Equal Employment Opportunity Commission (EEOC) updated its COVID-19 Technical Assistance Q&A on June 11, addressing an employer’s handling of pandemic-related harassment, pregnant employees, employees with family members at higher risk of severe illness from COVID-19, and other workplace discrimination issues. Below is an overview of that guidance.…

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Employer’s Obligation on Reporting COVID-19 as a Work-Related Illness – Updated OSHA Guidance

By Mary Leigh Pirtle

June 10, 2020

The Occupational Safety and Health Administration (OSHA) has issued new guidance regarding an employer’s obligation to record all COVID-19 illnesses among workers if the illness is “work-related.” This new obligation went into effect on May 26, 2020, and supersedes guidance issued in April. Recordkeeping Obligations Employers are responsible for recording cases of COVID-19 if all of the following requirements are met: The case is a confirmed case of COVID-19, as defined by the CDC.…

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Reminder – Annual Deadline (July 31) to Report and Pay PCORI Fee is Approaching [Again!]

By Bass, Berry & Sims

June 10, 2020

Yes, that PCORI Fee—it’s back! About this time last year, we let you know that this filing and fee was coming due, and that it was the last time it would be required for a calendar year plan. Since that time, however, the requirement was extended another ten years (by the Further Consolidated Appropriations Act, 2020, signed into law on December 20, 2019). The annual filing (and fee payment) for applicable self-insured health plans and…

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Guidance on Potential Litigation Involving WARN Act Following COVID-19 Pandemic

By Robert Horton

June 5, 2020

I recently offered guidance on the Worker Adjustment and Retraining Notification (WARN) Act as it relates to changes in employment status for an article by the Society for Human Resource Management (SHRM) addressing potential litigation issues from the COVID-19 fallout. The WARN Act requires most employers with more than 100 employees to provide a 60-day notice ahead of large-scale layoffs or the closing of operations. WARN Act claims require plaintiffs to show the following: A…

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Impact of COVID-19 and The CARES Act on Your Retirement Plan

By Doug Dahl

May 12, 2020

I’m excited to be a presenter during a webinar titled, “Impact of COVID-19 and The CARES Act on Your Retirement Plan” on Wednesday, May 13. The program will discuss the impact of COVID-19 and the CARES Act on retirement plans and what plan sponsors should know, including rule changes for retirement plans and the administrative impact of the new laws. The event is sponsored by Mauldin & Jenkins, LLC, Sarasota Private Trust Company, and Bass,…

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Blog Authors

DOL Issues Another Round of Guidance on FFCRA

Labor & Employment Law Seminar: Employer Obligations for Returning to the Workplace Amid COVID-19

Court Ruling Invalidates DOL’s Final Rule Related to FFCRA

OSHA Guidance Regarding Cloth Face Coverings in the Workplace

Supreme Court Rules that Title VII Protects LGBTQ Employees

EEOC Update: COVID-19 Guidance on Various Workplace Discrimination Issues

Employer’s Obligation on Reporting COVID-19 as a Work-Related Illness – Updated OSHA Guidance

Reminder – Annual Deadline (July 31) to Report and Pay PCORI Fee is Approaching [Again!]

Guidance on Potential Litigation Involving WARN Act Following COVID-19 Pandemic

Impact of COVID-19 and The CARES Act on Your Retirement Plan

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