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COVID-19 Safety Compliance Alert: Time to Re-Evaluate Current Plans as Indiana Enters Stage 5

Posted by: Shelley M. Jackson and Kate Trinkle on September 28, 2020

On September 24, 2020, Governor Holcomb issued Executive Order 20-43, “Back on Track Indiana: Stage Five – The New Normal During a Global Pandemic” (the “Executive Order”), which outlines requirements for Hoosiers now that Indiana entered Stage 5 on September 26, 2020. Hoosiers, including…

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What Employers Need to Know about the Revised FFCRA Regulations

Posted by: Amy J. Adolay and Kate Trinkle on September 18, 2020

On September 11, 2020, the Department of Labor (DOL) revised certain provisions of the Families First Coronavirus Response Act (FFCRA) regulations in light of a recent federal court decision by the U.S. District Court for the Southern District of New York (“District Court”).1 The revised FFCRA…

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IRS Confirms Payroll Tax Deferral Not Mandatory

Posted by: Kendall A. Schnurpel on September 4, 2020

In its monthly payroll industry teleconference held on September 3, 2020, the Internal Revenue Service (IRS) confirmed that the payroll tax deferral of the employee portion of the FICA tax described in IRS Notice 2020-65 is not required. Employers may choose to exercise the deferral option but are…

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IRS Issues Guidance Related to President Trump's Memorandum on Social Security Tax Deferral

Posted by: Kendall A. Schnurpel on September 1, 2020

Background

In his “Memorandum for the Secretary of the Treasury,” dated August 8, 2020 (the “Memorandum”), President Trump directed the Secretary to defer the withholding, deposit, and payment of the employee portion of the FICA tax (i.e., the 6.2% social security tax) paid during the period of…

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Employee Opioid Use, Addiction, and the ADA: EEOC Guidance Indicates Opioid Use and Addiction May Give Rise to ADA Rights

Posted by: Elizabeth M. Roberson and Kate Trinkle on August 24, 2020

Employers may need to revisit employee handbooks and policies after the Equal Employment Opportunity Commission (EEOC) issued guidance on August 5, 2020, addressing employee opioid use, addiction, and employee rights under the Americans with Disabilities Act (ADA).

I. Testing for Drug Use—Employer…

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The Ongoing Pandemic of Information: Updates to FFCRA, FLSA, and FMLA Guidance

Posted by: Elizabeth M. Roberson and Kate Trinkle on July 31, 2020

The Department of Labor (DOL) recently updated its guidance on the Families First Coronavirus Response Act (FFCRA), the Fair Labor Standards Act (FLSA), and the Family and Medical Leave Act (FMLA). To properly handle employees’ requests for leave and comply with wage and hour requirements,…

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COVID-19 Safety Plan Compliance Alert: Indiana's Face Covering Mandate

Posted by: Shelley M. Jackson and Kate Trinkle on July 27, 2020

On Friday, July 24, 2020, Indiana Governor Eric Holcomb issued Executive Order 20-37, entitled Face Covering Requirement (the “Executive Order”). The Executive Order implements a state-wide face covering mandate, adding to multiple local mandates already in place and existing industry-specific…

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Testing, Testing…The CDC Details When Employers Should Test for COVID-19 and Other Health Screening Reminders

Posted by: Elizabeth M. Roberson and Kate Trinkle on July 22, 2020

As employers struggle to navigate the new normal after their workforce returns back to work, the Centers for Disease Control and Prevention (“CDC”) published timely guidance detailing when employers should test or require employees to complete a viral COVID-19 test. It is important that employers…

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Illinois' IDHR Publishes Long-Awaited Sexual Harassment Training Program

Posted by: Nancy J. Townsend and Elizabeth M. Roberson on July 15, 2020

Through amendments to the Illinois Human Rights Act ("IHRA"), Illinois has mandated since January 1, 2020, that Illinois employers provide annual sexual harassment prevention training that meets or exceeds the Illinois Department of Human Rights (“IDHR”) model training program. The IDHR has now…

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U.S. Supreme Court Extends Reach of “Ministerial Exception” for Religious Organizations

Posted by: Elizabeth M. Roberson on July 8, 2020

On Wednesday, July 8, 2020, the United States Supreme Court released its opinion in Our Lady of Guadalupe School v. Morrissey-Berru, (“OLG”), which may affect employers that are churches or other religious organizations.  In its 7-2 decision, the Court held that the ministerial exception prohibited…

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Recent Seventh Circuit Title VII Sex Discrimination Case Offers Reminders for Employers About the Need for Consistency in Employment Practices and Decisions

Posted by: Kate Trinkle on June 17, 2020

Litigation rarely goes to trial and employment law is no exception. However, a recent opinion from the Seventh Circuit Court of Appeals in Joll v. Valparaiso Community Schools held that a plaintiff’s sex discrimination case, brought under Title VII of the Civil Rights Act of 1964 (“Title VII”)…

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How Much Can Employers Control Employees' Summer Travel During COVID-19? A lot.

Posted by: Amy J. Adolay on June 15, 2020

As the country begins to reopen and employees begin taking summer vacations, employers are receiving more questions and having to make more decisions about how to handle employee travel and return to work issues due to COVID-19.  Can employers require employees to notify them of their travel plans,…

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