Written by: Mitzi D. Wyrick The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) published streamlined forms for employers and employees to use in requesting leave under the Family and Medical Leave Act (FMLA). The DOL
Wyatt Employment Law Report
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DOL Releases New Online Tool for Employees to Determine Paid Sick Leave Eligibility
by Courtney R. Samford On June 23, 2020, the Department of Labor (“DOL”) released an interactive online tool that guides employees through a series of questions to determine their eligibility for paid sick leave or expanded family and medical leave…
No Mandatory Antibody Testing
by Courtney Ross Samford The U.S. Equal Employment Opportunity Commission (EEOC) has announced that COVID-19 antibody tests cannot be required before employees are permitted to return to the workplace. Since an antibody test constitutes a medical examination under the Americans…
SCOTUS Rules that Title VII Protects Employees from Discrimination on the Basis of Sexual Orientation and Gender Identity
In a landmark decision, the Supreme Court of the United States held that the protections provided by Title VII of the Civil Rights Act of 1964 apply to gay, lesbian, and transgender employees. Title VII offers protection to workers from…
Free Speech in the Workplace
by Tyson Gorman, with significant contributions by 2020 Summer Associate, Joseph Profancik So far, the year 2020 has once again exceeded our wildest expectations. On the heels of tragedy in Minneapolis and Louisville, protests across the nation have erupted in…
EEOC’s Updated Return to Work Guidance
by Courtney Ross Samford On June 11, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) updated its Q&A’s regarding COVID-19 and the Americans with Disabilities Act (ADA), the Rehabilitation Act and other EEOC laws. In particular, parts of the new…
Can An Employee Refuse to Wear a Mask?
By Michelle D. Wyrick In its Pandemic Preparedness in the Workplace and the Americans with Disabilities Act, the Equal Employment Opportunity Commission (“EEOC”) confirmed that, during a pandemic, an employer may require employees to wear personal protective equipment that is…
What If My Employees Don’t Want To Return To Work?
Michelle D. Wyrick and Joseph Profancik, a 2020 Summer Associate As the country sets its sights on reopening the economy, many Americans are understandably hesitant to return to work. Although most states claim that COVID-19 has seen its peak, the…
The Supreme Court of Kentucky Issues Guidance Regarding Upcoming Trials
By Marianna J. Michael Shortly after releasing its guidelines for reopening courts in the Commonwealth, the Supreme Court of Kentucky provided further guidance in regards to upcoming trials. The Order builds in time for courts to prioritize criminal proceedings that…
A Practical Guide to Employee Temperature Screening
Michelle D. Wyrick and Lilian Williams As businesses begin the first stages of reopening or increasing employee capacity, many have implemented or intend to implement temperature screening procedures. Some businesses are required to screen employee temperatures as a precondition to…