Labor & Employment Law Navigator

Key Issues, Developments and Strategies Affecting Your Workforce

U.S. Supreme Court Expands Ministerial Exception to Bar Employment Claims Against Religious Institutions

July 10, 2020

Holy Bible Lying on a Parochial School Desk — Bible on a school desk in a classroom.

In a 7-2 decision this week, the United States Supreme Court clarified and expanded upon its 2012 decision in Hosanna Tabor Evangelical Lutheran Church and School v. EEOC, 565 U. S. 17, by holding that the First Amendment’s religion clauses prevent civil, secular courts from adjudicating employment-related claims brought by teachers and others entrusted with carrying out an organization’s religious mission and goals. Under the First Amendment, religious institutions may “decide for themselves, free from…

Labor & Employment Law Navigator

New Title IX Regulations Regarding Sexual Harassment Effective August 14, 2020

By Megan E. Bennett

July 7, 2020

On May 6, 2020, the United States Department of Education (“Department of Education”) released its Final Rule updating Title IX regulations and addressing sexual misconduct in schools. The Final Rule codifies sexual harassment as unlawful sex discrimination under Title IX. Although the Department of Education had previously addressed sexual harassment through Dear Colleague Letters and other guidance documents, such documents are not legally binding. The Final Rule updates regulations to define sexual harassment to include…

Labor & Employment Law Navigator

Department of Labor Issues Summer Time Child Care FFCRA Guidance

By Jonathan Scandling

June 29, 2020

As the coronavirus pandemic continues to disrupt multiple facets of life across the United States, questions continue to arise related to working parents caring for school aged children. On Friday, June 26, 2020, the Department of Labor (“DOL”) issued two Field Assistance Bulletins FIELD ASSISTANCE BULLETIN No. 2020-3 (FAB No. 2020-3) and FIELD ASSISTANCE BULLETIN No. 2020-4 (FAB No. 2020-4); relating to whether school is considered “in session” for purposes of employing children under the…

Labor & Employment Law Navigator

Ohio Governor Signs Executive Order Regarding Unemployment Benefits for Employees Who Refuse to Return to Work

By Brian Kelly

June 24, 2020

As businesses in Ohio and across the country continue reopening, many employees are refusing to return to work, and are instead remaining off collecting unemployment benefits. This has frustrated many employers, and Ohio Governor DeWine recently stepped in to address the issue. In particular, Governor DeWine issued an Executive Order specifying that employees who refuse an offer to return to work may have their unemployment benefits cut off unless one of the following circumstances exists:…

Labor & Employment Law Navigator

Employers May Not Require Back-To-Work Antibody Tests of Employees

By Michael N. Chesney

June 18, 2020

On June 17, 2020, the Equal Employment Opportunity Commission (EEOC) updated its Technical Assistance Questions and Answers to clarify that employers may not require COVID-19 antibody testing before permitting employees to re-enter the workplace. Antibody tests can show whether the subject had a past infection or has recovered from the virus that causes COVID-19. Currently, there is a fair amount of debate in the scientific community as to what the results of antibody tests mean and whether…

Labor & Employment Law Navigator

United States Supreme Court Creates Employment Protections for LGBT Employees and Gives Employers the Opportunity to Foster More Inclusive Workplaces

By Megan E. Bennett

June 15, 2020

Today, in Bostock v. Clayton County, Georgia, the United States Supreme Court held that gay, lesbian, and transgender employees are protected from adverse action based on their sexual orientation or gender identity. The 6-3 Court reasoned that the plain meaning of the term “sex,” as used in Title VII, includes sexual orientation and gender identity. Justice Gorsuch writing for the Majority explained: “An employer who fires an individual for being homosexual or transgender fires…

Labor & Employment Law Navigator

Can Your Employer Terminate You For Posts on Social Media?

By Christina Niro

June 4, 2020

Social media icons internet app application — London, UK - 03 17 2019: Social media icons printed and placed on computer keyboard applications Facebook, Twitter, Instagram, Youtube, Pinterest, Snapchat etc.

WEWS News Channel 5 Cleveland Click here to view the video. Excerpts from the story: “Social media has been responsible for blurring the lines a lot between employees personal lives and their professional lives,” Christina Niro said. Niro warned that in times of turmoil, many companies nationwide are cracking down on their social media conduct policies. “Those policies are going to have anti-discrimination policies. They’re going to have social media policies,” Niro said. “Hopefully, in…

Labor & Employment Law Navigator

EEO Data Collections Delayed Due to COVID-19

By Travis N. Teare

May 7, 2020

Making her mark — Cropped shot of a woman filling in some paperwork at a desk

On May 7, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced that it will delay the opening of the 2019 EEO-1 Component 1 data collection, the 2020 EEO-3 data collection, and the 2020 EEO-5 data collection. The EEOC was planning to open these surveys in 2020; however, the EEOC decided to delay the opening of these surveys as it has recognized the impact that the coronavirus public health emergency is having on employers across…

Labor & Employment Law Navigator

OSHA States Its Intent to Not Enforce COVID-19 Recordkeeping Requirements on Certain Employers

By Christina Niro

April 13, 2020

On Friday, OSHA issued enforcement guidance regarding employers’ obligations to record COVID-19 cases. According to its previous statements, OSHA’s position is that COVID-19 is a recordable illness under OSHA’s recordkeeping requirements and employers are responsible for recording cases of COVID-19 if: (1) the case is a confirmed case of COVID-19, as defined by Centers for Disease Control and Prevention (CDC); (2) the case is work-related as defined by 29 CFR § 1904.5; and (3) the…

Labor & Employment Law Navigator

Department of Labor Updates Informal Guidance as to Families First Coronavirus Response Act

By Ryan T. Smith

March 27, 2020

As we wrote about here, the U.S. Department of Labor (“DOL”) has issued informal guidance to help employers understand their rights and obligations under the Families First Coronavirus Response Act (“FFCRA”). DOL has since updated that guidance to address topics such as the following: Whether employees are eligible for paid leave if they are unable to work due to layoff, furlough, or hours-reduction resulting from business downturns or a governor-issued stay-at-home order; Documentation that the…

Labor & Employment Law Navigator

Key Issues, Developments and Strategies Affecting Your Workforce

Blog Authors

U.S. Supreme Court Expands Ministerial Exception to Bar Employment Claims Against Religious Institutions

New Title IX Regulations Regarding Sexual Harassment Effective August 14, 2020

Department of Labor Issues Summer Time Child Care FFCRA Guidance

Ohio Governor Signs Executive Order Regarding Unemployment Benefits for Employees Who Refuse to Return to Work

Employers May Not Require Back-To-Work Antibody Tests of Employees

United States Supreme Court Creates Employment Protections for LGBT Employees and Gives Employers the Opportunity to Foster More Inclusive Workplaces

Can Your Employer Terminate You For Posts on Social Media?

EEO Data Collections Delayed Due to COVID-19

OSHA States Its Intent to Not Enforce COVID-19 Recordkeeping Requirements on Certain Employers

Department of Labor Updates Informal Guidance as to Families First Coronavirus Response Act

Stay Connected

Company

Support

New to the Network

Blog Authors

Latest from Labor & Employment Law Navigator