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”)…
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,…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
