Labor and Employment
By: Elizabeth M. Roberson
on October 5, 2020
On September 22, 2020, the U.S. Department of Labor (“DOL”) announced a new proposed rule that could affect whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (“FLSA”). The proposed rule sets forth the “economic reality” test as the proper test for…
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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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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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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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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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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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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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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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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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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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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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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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