As workplaces in North Carolina and South Carolina are opening back up, employers should make sure they are up to date on their rights and obligations to test or otherwise screen their employees for COVID-19 under the federal anti-discrimination laws governing the workplace.
HIPAA Enforcement Remains Strong in 2020
It seems like every aspect of healthcare is changing during these uncertain times, but one thing remains the same – HIPAA enforcement is going strong. The Office for Civil Rights (OCR) within the U.S. Department of Health and Human Services (HHS), responsible for enforcing HIPAA regulations, has been active this year in terms of settlements of potential HIPAA privacy and security violations. More than $12.2 million has been recorded this year in resolution agreements, despite the Notification of Enforcement Discretion related to COVID-19 issued by HHS.
Employees Voting in the Upcoming Election
With the election coming on Tuesday, Nov. 3, a large number of Americans are expected to cast their ballots. The United States Election Project estimates that a record-setting 150 million – or 65 percent of the U.S. population – will vote. This is the highest percentage of eligible voters in more than 100 years. The Washington Post estimated that two weeks before Election Day, at least 31.4 million had already voted.
Deferred Compensation Plans: Options and Considerations
Businesses often consider how to reward and retain top talent and incentivize productivity without offering equity, an ownership interest in the business. An executive deferred compensation plan allows an employer to supplement an executive’s base salary over a longer horizon—either after retirement or over a period of years. We have outlined three different options below, all of which are intended to reward executives based on productivity and results and to retain those executives by structuring a payout over time.
Ken Lewis Quoted in Wall Street Journal Article, “Why Are There Still So Few Black CEOs”
Nexsen Pruet’s Ken Lewis, a business attorney in the firm’s Raleigh office, was featured in The Wall Street Journal’s recent article on the lack of black executives in America’s top companies, “Why Are There Still So Few Black CEOs?”
U.S. Department of Labor Proposes New Test for Independent Contactor Status
On Sept. 22, 2020, the U.S. Department of Labor (DOL) proposed a new test to determine whether workers are independent contractors or employees under federal law. According to DOL, the purpose of the change is to make it easier to identify which workers are employees covered by the minimum wage, overtime, and other provisions of the Fair Labor Standards Act (FLSA). The department described the new test as “streamlining and clarifying” the determination of independent contractor versus employee, and said it expects the change will give workers and businesses more certainty about their legal obligations and reduce litigation and associated costs.
Revised Department of Labor Regulations Necessitate Job-Specific Assessment by Health Care Providers for Employees’ Potential FFCRA Leave Entitlement
In April 2020, the Department of Labor (DOL) issued regulations excluding “Health Care Providers” from the reach of the Families First Coronavirus Response Act’s (FFCRA) leave entitlements, both as to expanded sick leave and expanded FMLA leave.
Pandemic Pitfalls for the Unwary: NLRA Rights for Non-Union Employees
North and South Carolina are the least unionized states in the nation, but employers in the Carolinas should not overlook the protection the National Labor Relations Act provides for their non-union work forces, especially during the COVID-19 pandemic.
VIDEO: David Garrett on Completing Form I-9s During a Pandemic
Nexsen Pruet Immigration attorney David Garrett discusses immigration compliance by employers amid COVID-19 and three basic ways to complete Form I-9s for new hires during the pandemic.
As OSHA Enforcement Increases, Workplace Safety Compliance Could Reduce Need for More Coronavirus-Related Lockdowns
On Sept. 16, 2020, the Wall Street Journal reported that a “second wave of coronavirus infections” is “gather[ing] momentum across Europe,” but this time, “governments are determined to avoid large-scale lockdowns and instead seek less disruptive ways to live with the new disease.”
Nexsen Pruet Welcomes Associates in Greensboro, Greenville
Hires boost bankruptcy and financial services as well as employment and labor law practices.
DOL Revises Rules Governing FFCRA COVID-19 Related Leave
“Health Care Provider” Now Narrowly Defined, Intermittent Leave Explained, and Other Important Clarifications and Changes
EEOC Updates COVID-19 Guidance
This week, the U.S. Equal Employment Opportunity Commission (“EEOC”) published an update to its guidance titled “What You Should Know About COVID-19 and the ADA, Rehabilitation Act, and Other EEO Laws (WYSK).”
VIDEO: Nikole Mergo on Companies Offering COVID-19 Testing
As companies operate in this pandemic, there are frequent questions about COVID-19 testing – both if companies should offer the testing and what kind of tests to offer. Nexsen Pruet employment and litigation attorney Nikole Mergo offers guidance on company testing in the video below.
VIDEO: Bridget Blinn-Spears on Recent Shifts in EEOC’s Enforcement Efforts During the Pandemic
Listen to Bridget Blinn-Spears, Special Counsel with Nexsen Pruet’s employment and labor practice group, discuss recent shifts in the Equal Employment Opportunity Commission’s enforcement efforts during the COVID-19 pandemic in the video below.
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