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► DOL Clarifies Executive Order Extending Unemployment

September 11, 2020

The U.S. Department of Labor (DOL) clarified the effect of the President's recent order that authorized additional funding for unemployment benefits. However, it’s unclear how long the funds will last. The August 8 order, technically a “presidential memorandum,” offers ...

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► Tax Holiday or Headache? Tax Deferral Plan Creates Challenges for Employers

September 3, 2020

President Trump’s plan to defer payroll taxes for many employees through the end of the year is sparking questions and criticism from employers—questions about how to implement the plan and criticism that the “tax holiday” may hurt more than it helps.  On August 8, ...

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► Administering COBRA Notices in a COVID-19 World

August 26, 2020

Recent federal agency guidance includes important information and extensions of various deadlines affecting employee benefit plans to include extensions of continuation coverage notice and election periods under COBRA. This article focuses solely on the COBRA-related rules, including a summary ...

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► New EEOC Guidance Clarifies ADA Protections Related to Opioids

August 24, 2020

The Equal Employment Opportunity Commission (EEOC) is taking steps to clarify how the Americans with Disabilities Act (ADA) affects opioid use among employees. While employers generally dread the thought of opioid use since it can pose safety risks, trigger absenteeism, hamper productivity, ...

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► Impact of Supreme Court's Two Rulings for Religious Employers

August 20, 2020

Last month, the U.S. Supreme Court decided two cases , both by 7-2 votes, involving religion’s impact on employment. First, the Court clarified the applicability of the ministerial exemption for religious schools and organizations from the federal antidiscrimination laws. Second, the ...

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► 5 Ways to Help Struggling Remote Employees Adjust

August 17, 2020

While employees in many countries have been working virtually for some time, the COVID-19 pandemic forced us almost overnight to change how we live and work. Additional turmoil in American society related to civil rights and the economic recession is making an already difficult situation that ...

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► EEOC: You Can't Require Employees to Undergo Antibody Testing

August 11, 2020

Earlier in June, the Equal Employment Opportunity Commission (EEOC) issued new guidance concerning the use of COVID-19 antibody testing. Relying on the Centers for Disease Control and Prevention’s (CDC) interim guidelines, the EEOC affirmatively stated employers cannot require COVID-19 ...

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► Federal Court Expands FFCRA Paid Leave But Will it Hold?

August 7, 2020

The number of people entitled to paid leave under the Families First Coronavirus Response Act (FFCRA) will be expanded if a ruling from a New York federal judge holds. A judge in the U.S. District for the Southern District of New York ruled August 3 that the U.S. Department of Labor’s ...

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► DOL Releases New FMLA Model Forms

August 3, 2020

Last month, the U.S. Department of Labor (DOL) released new model forms that employers can use to coordinate employee leave under the Family and Medical Leave Act (FMLA). Released on July 16, 2020, the revised medical certification and notices forms were immediately effective and available for ...

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► High Court Rulings Boost Employer Religious-based Decisions

July 27, 2020

A pair of decisions from the U.S. Supreme Court on July 8 handed a win to employers that desire to rely on religious convictions in their employment decisions. One ruling affirms the “ministerial exception,” and the other allows private employers with moral or religious objections ...

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