Today, in Little Sisters of the Poor Saints Peter and Paul Home, et al. v. Pennsylvania, et al., the United States Supreme Court upheld the expansion of the religious exemption to the contraceptive mandate set forth in the regulations to the Affordable Care Act (“ACA”). Briefly, the Court said that the administrative agency tasked with … Read more
Late last week, the U.S. Department of Labor (“DOL”) issued a new Opinion Letter No. 2020-4, clarifying that the inability to send one’s child to a summer camp closed because of COVID-19 may well entitle that employee to leave under the Family First Coronavirus Act (“FFCRA”). This clarification is important because, unlike schools or day … Read more
The EEOC clarified today that while employers may screen employees for active cases of COVID19, employer may not screen employee for COVID19 antibodies as a precondition for returning to the workplace. The EEOC’s position in part relies on the CDC’s recent guidance providing that antibody test results should not be used in making decisions in … Read more
In a historic 6-3 decision entitled Bostock v. Clayton County, the United States Supreme Court finally answered the much-debated question whether Title VII prohibits an employer from discriminating against an employee because of sexual orientation and/or gender identity – the answer is a resounding “yes.” In ruling that an employer cannot fire an employee for … Read more
Just yesterday, the EEOC updated its guidance for employers on their duties and obligations when returning their employees to work. We now have new, much more specific answers to some frequently asked questions on how to manage “high risk” people and how to manage employees working remotely. Here’s some of the most notable new stuff: … Read more
The DOL has issued a final rule that allows employers greater flexibility in paying bonuses and other enhanced pay to employees paid on the “fluctuating workweek” basis. According to the DOL’s announcement, the new rule provides that incentive-based payments like bonuses, hazard pay and commissions, paid to employees in addition to their fixed weekly salaries … Read more
The Governor has issued today his first phase order for reopening business in Massachusetts under Covid19 protocols. Here is the brief summary: WHAT IS OPEN? Under Phase 1, while essential businesses will obviously remain open, manufacturing and construction may now open today with new protocols calling for 6 foot distancing where possible and the wearing … Read more
After many weeks of uncertainty, the Small Business Administration has finally published an application for forgiveness of loans issued under the Paycheck Protection Program, which answers many of the questions raised by the statute and clarifies what was previously unclear. You can download the application from the SBA website here. Here are some of the … Read more
Businesses across the country are beginning to reopen and state stay-at-home orders are slowly lifting. While we all try our best to find a way to get back to some kind of normalcy, there is a sense among some in Congress that there remains more that needs to be done to address the challenges created … Read more
The Equal Employment Opportunity Commission (EEOC) continues to update its guidance on dealing with employment issues related to coronavirus. Last week, it added additional information to its Questions and Answers in the Return to Work section. As a way to help track the ever-changing guidance, the EEOC notes the date when the particular information was … Read more