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…
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…
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,…
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…
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…
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…
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…
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…
