By Arslan Sheikh and Rebecca Kopp Levine on As the COVID-19 pandemic continues to impact businesses across the country, employers are faced with the difficult question of how to keep their workplaces safe. Some employers are attempting to restrict off-duty employee conduct to limit high-risk behavior. The National Football League (NFL) is one employer taking steps to regulate off-duty conduct to reduce risks … Continue Reading
By Leigh Anne Williams on Conventional understanding of unemployment benefits leads to the logical conclusion that when employees are capable of working and offered suitable employment, they are not entitled to collect unemployment benefits. But like many other things in the post-COVID-19 world, conventional thinking no longer rules the day. Last week, on June 16, 2020, Gov. DeWine issued an … Continue Reading
By Jyllian Bradshaw on On June 11, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) released additional guidance covering topics like the well-intended exclusion of workers over the age of 65 who, according to the Centers for Disease Control and Prevention (CDC), are deemed to be at greater risk for severe cases of COVID-19. The guidance also covers issues … Continue Reading
By Bide Akande on On June 5, 2020 Illinois Gov. J.B. Pritzker signed House Bill 2455 into law, thereby amending the Illinois Workers’ Occupation Diseases Act with respect to claims related to COVID-19. Codified as Public Act 101-0633, the amendment creates a rebuttable presumption that an employee’s contraction of COVID-19 arises out of and in the course of that … Continue Reading
By Porter Wright on On June 3, 2020, the Ohio Industrial Commission unanimously voted to place all issues referred for adjudication on the active telephonic hearing docket. Since March, the Industrial Commission has conducted all hearings by phone due to the COVID-19 pandemic.… Continue Reading
By Porter Wright on Previously, the Ohio Bureau of Workers’ Compensation (BWC) announced it will defer employer premium installment payments for the months of March, April and May, making those payments due June 1, 2020. Now the BWC has announced it will further defer premium installment payments for the months of June, July and August as well. This means … Continue Reading
By Rebecca Kopp Levine on As we previously reported in this blog post, Ohio lawmakers have proposed multiple bills that would expand Ohio workers’ compensation laws in reaction to the COVID-19 pandemic. Recently, the Ohio House passed an amended version of the previously introduced legislation.… Continue Reading
By Mike Underwood on Have you ever made online purchases as frequently as you have in recent months? Have you ever had so many employees working remotely? The pandemic-related surge in consumer reliance on online purchases, with a workforce serving those customers remotely, makes website accessibility for disabled persons an increasingly high-profile issue.… Continue Reading
By Mike Underwood on COBRA compliance is an area that, for many employers, is on auto-pilot. Many employers rely on outside consultants to administer COBRA and need not put much focus on COBRA time limits for electing and paying for coverage. One of the many ripples from the COVID-19 pandemic is a need to check on your method for … Continue Reading
By Mike Underwood on If an employee tests positive for or is diagnosed with COVID-19, must that be recorded as a work-related illness on Occupational Safety and Health Administration (OSHA )records? OSHA says COVID-19 is a work-related illness if the virus is contracted at work. That can be very difficult to determine. Employers should not presume a COVID-19 event … Continue Reading
By Jyllian Bradshaw on The U.S. Equal Employment Opportunity Commission (EEOC) has released guidance allowing employers to test employees for COVID-19 under certain circumstances. Specifically, the guidance posed, and answered, the following question: May an employer administer a COVID-19 test (a test to detect the presence of the COVID-19 virus) before permitting employees to enter the workplace? 4/23/20… Continue Reading
By Avi Allen on The CARES Act enacted a new Pandemic Unemployment Assistance (PUA) program for those who have been laid off or furloughed. PUA funds are administered through the state agencies that manage the state unemployment insurance programs, and are funds that eligible individuals receive on top of their state unemployment insurance benefits. Because state reopenings are ongoing … Continue Reading
By Mike Underwood, Diane Reichwein and Brian Hall on Many states are releasing their plans to reopen businesses and lift stay-at-home orders. There are many important considerations for employers to take into account while planning their return to work. Porter Wright’s Labor & Employment Department developed a checklist of issues to consider for a safe and productive return to work. You can find that … Continue Reading
By Mike Underwood on It is simple enough: press record and you can easily share your internal video conference call, re-watch it later, or forget it and move on. You move on until you receive a discovery request or a subpoena for information if the company is sued. Now, your internal video call is discoverable and may be seen … Continue Reading
By Laura Jurcevich on The Department of Homeland Security (DHS) issued a COVID-19 temporary policy for List B identity documents when completing a Form I-9 for a new hire. As a reminder, the Form I-9 Employment Eligibility Verification requires the employer to verify the identity and employment authorization of employees not later than three days after the first day … Continue Reading
By Rebecca Kopp Levine on Employers face many considerations when restarting operations and reopening businesses after the unprecedented COVID-19 pandemic. In planning for the return to full operations, employers will need to take steps to avoid new workers’ compensation issues.… Continue Reading
By Avi Allen on It is difficult to imagine another time when uncertainty and concern in the workplace have been at a higher level. The COVID-19 pandemic has led many states to issue stay-at-home orders, mandating that non-essential businesses shutter and implement telework and essential businesses operate under restrictions. As states “reopen” essential and non-essential businesses, employees will be … Continue Reading
By Bide Akande on On April 15, 2020, the Illinois Workers’ Compensation Commission issued an emergency amendment creating a rebuttable presumption that, for any essential employee who files for COVID-19 related injuries, those injuries will be presumed to have arisen out of and be casually connected to their employment. You can read more about this amendment and its effects … Continue Reading
By Porter Wright on As Ohio attempts to move forward during this pandemic, the Ohio Bureau of Workers’ Compensation (BWC) is doing the same. For example, the BWC has resumed the scheduling of medical exams where necessary, is using alternative methods such as file reviews when possible, and has provided guidance on telemedicine resources to assist with the continuation … Continue Reading
By Rob Cohen and Laura Jurcevich on President Donald Trump released a “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following COVID-19 Outbreak” on Wednesday, April 22, 2020. This proclamation provides the legal context and direction to implement a Monday night tweet asserting his intention to “suspend immigration.” While we analyze the legal … Continue Reading
By Porter Wright on The Equal Employment Opportunity Commission (EEOC) recently updated its COVID-19 guidance to provide employers with additional insight on how to properly engage in the Americans with Disabilities Act’s (ADA) interactive process. Engaging in the interactive process In parts of the country, governors are beginning to talk about reopening their states for business. When this occurs, … Continue Reading
By Rebecca Kopp Levine on Ohio lawmakers have proposed multiple bills that would expand the Ohio workers’ compensation laws in reaction to the COVID-19 pandemic. At the end of March 2020, lawmakers introduced House Bill 573 that would include COVID-19 as a statutorily defined occupational disease under the Ohio workers’ compensation laws, similar to other occupational diseases such as asbestosis.… Continue Reading
By Bide Akande on This blog was updated on April 28, 2020 in the blog, “Avoiding the avalanche for now: Court Issues temporary restraining order barring Illinois Workers’ Compensation Commission’s emergency amendment.“ As of April 16, 2020, the Illinois Workers’ Compensation Commission has created a rebuttable presumption that, for any essential employee who contracts COVID-19 and later files for … Continue Reading
By Jyllian Bradshaw on As millions of Americans are settling into a “new normal” and working from home, employers should revisit their company policy regarding workplace harassment. Because the workplace doesn’t look quite like it used to, employees must use creative channels of communication while working remotely. Conversations that may have taken place around a water cooler may now … Continue Reading