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U.S. Supreme Court Issues Ruling on Title VII Protections for Sexual Orientation and Transgender Status

Posted by: Shelley M. Jackson and Kate Trinkle on June 15, 2020

On Monday, June 15, 2020, the Supreme Court of the United States issued a landmark decision, Bostock v. Clayton County. In this 6-3 opinion, the Supreme Court held that the protections under Title VII of the 1964 Civil Rights Act (Title VII) extend to sexual orientation and transgender status.1…

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Returning to the Workplace: Addressing Requests to Work from Home and Refusals to Return to Work

Posted by: Amy J. Adolay and Kate Trinkle on June 7, 2020

As government restrictions and stay-at-home orders related to COVID-19 are gradually eased throughout the United States, employers are confronted with how to bring employees back into the workplace.  If employees were working remotely during this time, they may request to continue doing so. On the…

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OSHA's Revised Enforcement Guidance When a Work-Relatedness Determination is Required

Posted by: Elizabeth M. Roberson and Kate Trinkle on May 25, 2020

The Department of Labor (DOL) is continuously updating its guidance for handling COVID-19. One of the most recent updates came from the DOL’s Occupational Safety and Health Administration (OSHA), which recently revised its enforcement policies for COVID-19.1 We detailed the former guidance in a…

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Getting Back on Track: How Indiana Businesses can Create the Plan Required by Governor Holcomb's Executive Order 20-26 to Keep Employees and Patrons Safe by the May 11, 2020 Deadline

Posted by: Amy J. Adolay on May 3, 2020

As Indiana businesses work to reopen and return employees to the workplace, it is critical to understand the obligations under Governor Holcomb’s Executive Order 20-26 and its “Roadmap to Reopen” issued on Friday, May 1, 2020. Executive Order 20-26 establishes criteria for the initial stages of…

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Workplace Safety and COVID-19: OSHA's Interim Enforcement Guidance and What It Means for Employers

Posted by: Shelley M. Jackson, Elizabeth M. Roberson, Matthew D. Neumann, and Kate Trinkle on April 27, 2020

The Occupational Safety and Health Administration (OSHA) of the U.S. Department of Labor (DOL) works to enforce the federal Occupational Safety and Health Act of 1970 (OSH Act). Congress enacted the OSH Act to ensure employers provide safe and healthful working conditions for employees. OSHA is…

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Practically Speaking: A Series of Practical Tips for Employers in Navigating COVID-19

Posted by: Shelley M. Jackson and on April 21, 2020

Part 1: Key Terms Related to a Business Slowdown or Closure

No matter the line of business, every employer has been impacted by the Coronavirus of 2019 (COVID-19). To help employers navigate these rocky waters, the Labor and Employment team at Krieg DeVault LLP has developed a series of short…

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Developing Leave Policies to Keep Up with the FFCRA

Posted by: Elizabeth M. Roberson and Kate Trinkle on April 16, 2020

Many employers that did not previously have a sick time policy or a Family and Medical Leave Act (FMLA) policy are now having to address employee questions and concerns, and also ensure compliance with the Families First Coronavirus Response Act (FFCRA). To properly comply with the FFCRA, employers…

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Understanding when a “Qualifying Need” for Paid Leave arises under the Families First Coronavirus Response Act

Posted by: Shelley M. Jackson, Elizabeth M. Roberson, and Kate Trinkle on April 12, 2020

The Families First Coronavirus Response Act (FFCRA) contains two provisions entitling eligible employees to paid leave: (1) the Emergency Paid Sick Leave Act (EPSLA) and (2) the Emergency Family and Medical Leave Expansion Act (EFMLEA). Under both provisions, an eligible employee may only receive…

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You have been WARNed. Complying with the Worker Adjustment and Retraining Notification Act for COVID-19 Shutdowns

Posted by: Elizabeth M. Roberson, Shelley M. Jackson, and Kate Trinkle on April 2, 2020

As many employers are considering temporarily shutting down their workplaces or laying off employees, it is important to ensure compliance with the Worker Adjustment and Retraining Notification (WARN) Act. The failure to comply could cost employers as much as keeping their workforce employed. There…

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Employment Law Bulletin - Department of Labor Continues to Provide Additional Information on Paid Leave Requirements Under the Families First Coronavirus Response Act

Posted by: Shelley M. Jackson and Kate Trinkle on March 29, 2020

The Department of Labor (DOL) began issuing additional information on paid leave requirements under the Families First Coronavirus Response Act (FFCRA) on March 25, 2020. Since then, the DOL has continued to provide updates to the Questions & Answers on the FFCRA. As of March 30, 2020, the…

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The CARES Act: Issues for Employers

Posted by: Nancy J. Townsend on March 26, 2020

The Coronavirus Aid, Relief, and Economic Security Act (the “Act”) provides significant benefits to employers and the workforce in all sectors of the economy.  This alert summarizes key aspects of the Act.

Expanded Unemployment Benefits
All recipients of unemployment insurance will receive an…

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Employment Law Bulletin - Department of Labor Publishes Additional Information on Paid Leave Requirements Under the Families First Coronavirus Response Act

Posted by: Shelley M. Jackson and Kate Trinkle on March 25, 2020

For employers scrambling to comply with the recently-enacted Families First Coronavirus Response Act (FFCRA), the Department of Labor (DOL) has added additional information to its Covid-19 and the American Workplace website, including Fact Sheets on Employee Paid Leave Rights and Employer Paid…

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