On July 24, 2020, the Federal Deposit Insurance Corporation (FDIC) published a Final Rule regarding Section 19 of the Federal Deposit Insurance Act, 12 U.S.C. § 1829 (“Section 19”), which restricts hiring at FDIC-insured depository institutions, such as FDIC member banks. The Final Rule codifies the FDIC’s prior guidance
Articles Discussing Human Resources And Other Workplace Topics.
CDC Issues COVID-19 Communication Plan for Critical Infrastructure Employers
On August 4, 2020, the U.S. Centers for Disease Control and Prevention (CDC) issued a communication plan titled “COVID-19 Communication Plan for Select Non-healthcare Critical Infrastructure Employers.” The purpose of the plan is to outline actions certain critical infrastructure employers may consider to disseminate COVID-19 messages with employees more effectively.
COVID-19 Orders Upon Orders—What Does It All Mean for St. Louis County Businesses?
Since March 2020, St. Louis County Executive Dr. Sam Page, and the county’s acting director of the Department of Public Health (DPH), Dr. Emily Doucette, have issued more than 20 orders and “safe operating guidelines” regarding COVID-19. On July 29, 2020, with an effective date of July 31, 2020, the
EEOC Issues Guidance on Opioid Addiction in Employment
The U.S. Equal Employment Opportunity Commission (EEOC) issued two technical assistance documents on August 5, 2020, addressing accommodation issues under the Americans with Disabilities Act (ADA) for employees who use opioid medications or may be addicted to opioids. They provide employers insight into how the EEOC envisions information exchange and
EEOC Issues Guidance on Opioid Addiction in Employment
The U.S. Equal Employment Opportunity Commission (EEOC) issued two technical assistance documents on August 5, 2020, addressing accommodation issues under the Americans with Disabilities Act (ADA) for employees who use opioid medications or may be addicted to opioids.
New EEOC Guidance Answers Opioid Addiction and Employment Questions
Amidst the COVID-19 pandemic, opioid addiction continues to be a public health crisis. It presents many challenges to employers, including compliance with the Americans with Disabilities Act (ADA). The Equal Employment Opportunity Commission (EEOC) released two technical guidelines to address concerns about ADA employment provisions and the opioid epidemic. Opioids include prescription drugs such as codeine, morphine, oxycodone (OxyContin, Percodan, Percocet), hydrocodone (Vicodin, Lortab, Lorcet), and meperidine (Demerol), as well as illegal drugs like heroin.
Emerging Trends In COVID-19 Workplace Litigation
As of this writing, employees from across the country have filed more than 430 COVID-19-related lawsuits against their employers and former employers. Not all of these claims have focused on the Family First Coronavirus Response Act (FFCRA) — the federal legislation governing Emergency Paid Sick Leave and Emergency Family and Medical Leave — but rather a substantial number of lawsuits have alleged employer impropriety using COVID-19 as a factual backdrop. Examining some of these cases more closely, some common themes emerge. How should employers prepare for potential litigation?
National Biometric Information Privacy Act, Proposed by Sens. Jeff Merkley and Bernie Sanders
Whether it is facial recognition technology being used in connection with COVID-19 screening tools and in law enforcement, continued use of fingerprint-based time management systems, or the use of various biometric identifiers for physical security and access management, applications involving biometric identifiers and information in the public and private sectors
Developing, Communicating, Enforcing Best Practices Plan for Employees of Manufacturers
Life under the COVID-19 pandemic is sometimes described as the “New Normal.” However, the New Normal keeps changing. Cases and hotspots move around the country. Guidance from federal, state, and local bodies is updated frequently.
FDIC Loosens Requirements for Employment With Financial Institutions
On July 24, 2020, the Federal Deposit Insurance Corporation (FDIC) released a final rule to revise and codify into the agency’s regulations the FDIC’s Statement of Policy (SOP) on Section 19 of the Federal Deposit Insurance Act. Section 19 generally prohibits any person from participating in banking who has been
Executive Order Limits Federal Contractors’ Use of Foreign Labor
On August 3, 2020, the White House issued an Executive Order on Aligning Federal Contracting and Hiring Practices with the Interests of American Workers, directing federal agencies to contract with those who prioritize the hiring of U.S. citizens and green card holders over foreign workers for contract positions.
School’s Out for … Fall? Managing Employees’ Need to Care for Children When School Is Virtual
In March 2020, everyone thought we just need to occupy our children at home for a few weeks, maybe through spring break, and we would be fine. Then it was “just make it to summer.” Now summer is winding down and many kids are not going back to school full-time
Back To Square One: Court Ruling Upends COVID-19 Leave Rules
In a surprising and significant ruling yesterday, a New York federal judge tossed out several key Department of Labor rules regulating the Families First Coronavirus Response Act (FFCRA), meaning that more workers will be able to take paid leave under the new law. The ruling also creates uncertainty for employers trying to comply with administrative aspects of the leave act requirements, and brings us back to the confusing early days of the new law before the DOL issued clarifying regulations. The scope of the ruling is unclear at present, as the judge did not specifically indicate if it applies nationally or just in New York. However, even if limited in scope, the same reasoning could be followed by other courts considering similar challenges in other parts of the country.
EEOC to Resume Dismissing Charges of Discrimination Following Suspension due to COVID-19 Pandemic
The Equal Employment Opportunity Commission (EEOC) announced on August 3, 2020, that it will begin dismissing charges that were suspended because of the COVID-19 pandemic.
Court Rules with New York: DOL “Jumped the Rail” in Restricting Pandemic Paid Leave
In a decision with far-reaching implications, U.S. District Judge J. Paul Oetken in the U.S. District Court for the Southern District of New York sided with the State of New York in striking down a U.S. Department of Labor (DOL) Final Rule limiting the circumstances under which employees can gain access to sick leave and emergency family leave benefits during the COVID-19 pandemic.
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