Executive Summary: An Auburn University student claims he did not get what he bargained for in being relegated to distance learning instead of having an in-person educational experience. On June 30, 2020, Steven Bailey filed a federal court class action lawsuit against the university based on the school’s decision to provide online courses instead of in-person instruction during the Spring semester in response to the COVID-19 pandemic. See Bailey v. Auburn University, Case No. 3:20-cv-457-ECM-WC (pending in the Middle District of Alabama).
Articles Discussing Human Resources And Other Workplace Topics.
Employers Should Review OSHA’s New Guidance on Safely Returning Employees Back to Work Post-COVID-19
The Occupational Safety and Health Administration (OSHA) recently issued new guidance for employers that clarifies previous guidelines for reopening businesses and returning employees to the workplace.
Senators Plan to Introduce Federal Legislation to Eliminate Use of COVID-19 Student-Athlete Liability Waivers
Connecticut Senator Richard Blumenthal and New Jersey Senator Cory Booker plan to formally introduce legislation, the “College Athlete Pandemic Safety Act,” to eliminate the ability of colleges and universities to use liability waivers as a basis for student-athletes to return to campus and resume training activities.
Reacting to the growing
States Enact Laws Limiting COVID-19 Liability
Previously, we discussed the increasing number of lawsuits filed against employers relating to COVID-19, and how these numbers are expected to swell. Perhaps recognizing the economic ruin that could befall employers facing COVID-19 liability, a number of states have enacted or are considering legislation that would hold employers acting
Practical Questions for Employers Following the Bostock Decision, Part 2: Dress Codes and Grooming Standards
On June 15, 2020, the Supreme Court of the United States issued its decision in Bostock v. Clayton County, Georgia, holding that, pursuant to Title VII of the Civil Rights Act of 1964, as amended, covered employers may not discriminate against applicants or employees on the basis of sexual orientation
Global Solutions Episode 3: Go Away! International Travel and Border Restrictions
Employers in the United States that sponsor foreign nationals for work visas may already be familiar with the various barriers their employees are facing when entering the United States during the COVID-19 pandemic.
CDC Expands List of Individuals At-Risk of Severe COVID-19 Illness
On June 25, 2020, the U.S. Centers for Disease Control and Prevention (CDC) expanded its list of risk factors of individuals more likely to develop severe illness or die from COVID-19.
Long Beach Unanimously Passes COVID-19 Paid Supplemental Sick Leave
On May 19, 2020, the Long Beach City Council unanimously approved a COVID-19 Paid Supplemental Sick Leave Ordinance. This ordinance, which goes into effect immediately, follows similar measures enacted by Los Angeles County, the City of Los Angeles, San Francisco, Oakland, and San Jose.
Updated EEOC Guidance: COVID-19 Antibody Testing Cannot Be Required to Return to Work
Earlier this month, the Equal Employment Opportunity Commission (“EEOC”) updated its Technical Assistance Questions and Answers on COVID-19 issues to state that employers cannot require antibody testing of its employees before they return to work. The EEOC’s guidance came in response to the CDC’s earlier statement regarding antibody testing. In
Universities and Professional Sports Franchises Face Potential Of Unintended Legal Exposure For Well-Intentioned Employment Decisions
Despite the ongoing changes to the workplace in response to the COVID-19 pandemic, one thing remains unchanged: federal EEO laws and their role in the workplace.
As colleges and universities and professional sports organizations make plans for the resumption of play in the next couple of months, university presidents and
New Ransomware Tactics and Strains Emerge, Including Public Auctions of Stolen Data
As many have learned over the last several years, ransomware is a type of malware that denies affected users access to critical data by encrypting it. Attackers profit handsomely by requiring victims to pay substantial sums, typically tendered in a cryptocurrency such as Bitcoin. A look at some of the
California Department of Public Health Provides Guidance for Employers Responding to COVID-19 Outbreaks
As businesses reopen, employers will almost certainly be faced with the potential of a COVID-19 outbreak in the workplace. In addition to the industry-specific guidance for reopening that the State of California has issued, the California Department of Public Health (the Department) recently issued guidance for employers responding to a
IRS Provides Guidance on PTO Donation Programs to Aid Victims of the COVID-19 Pandemic
The novel coronavirus (COVID-19) continues to cause widespread challenges for employers and their employees. Accordingly, employers have implemented a number of policies and programs to assist employees and others impacted by COVID-19.
EEOC Issues Guidance on Antibody Testing in the Workplace
In late-March and April 2020, the Equal Employment Opportunity Commission (EEOC) released guidance addressing various questions with answers concerning COVID-19 and related workplace disability-related issues under the Americans with Disabilities Act (ADA). Recently, on June 17th, the EEOC updated its guidance to include a new question regarding antibody testing.
Most
IRS Expands and Clarifies CARES Act Distribution Rules
Since March 27, 2020 when the CARES Act was signed into law, many questions have mounted related to implementing the retirement plan provisions. Now, with roughly 3 months under our belts since the issuance of the Act and countless CARES Act distributions and loan suspensions processed, the IRS clarified several
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