written by Marianna Michael On November 20, 2020, the Supreme Court of Kentucky issued two new Administrative Orders regarding hearings. Orders 2020-71 and 2020-72 replace Administrative Orders 2020-63 and 2020-64 which were published in early November as guidance to courts in “red zone” counties. With nearly each of Kentucky’s 120 counties at or near “red zone” status, the Court … Read more Supreme Court of Kentucky Limits In-Person Proceedings With New Orders
On November 12, 2020, the Supreme Court of Kentucky, overruling a lower court, unanimously upheld Governor Andy Beshear’s authority to issue executive orders in an emergency. Attorney General Daniel Cameron had joined three Northern Kentucky business owners in contesting executive orders issued by Governor Beshear in response to the COVID-19 pandemic. The plaintiffs argued that … Read more Kentucky Supreme Court Unanimously Upholds Executive COVID Response Orders
Written by Marianna J. Michael With COVID-19 cases increasing and cases expected to continue to rise during the colder months, the Supreme Court of Kentucky issued new safety precautions that courts throughout the state are encouraged to follow. Unlike prior Orders, this guidance does not supersede the Supreme Court’s latest COVID-related Administrative Orders, 2020-63 and … Read more Supreme Court of Kentucky Issues Guidance for Counties in “Red Zones”
DOL Issues Guidance on Tracking Remote Work Hours and Childcare Leave Eligibility on Child’s Remote Learning Days
by Daniel Reed The Department of Labor (“DOL”) recently provided clarity on issues related to remote work and remote learning. Reasonable Diligence in Tracking Remote Work Employee Hours The DOL issued guidance on employers’ obligation to track the work hours of employees who are working remotely due to COVID-19 or due to an already existing telework … Read more DOL Issues Guidance on Tracking Remote Work Hours and Childcare Leave Eligibility on Child’s Remote Learning Days
Scammers Target Remote Workers with Fraudulent Termination Notices and Fake COVID-19 Tracing Phishing Emails
Cybercriminals are targeting remote workers with fraudulent phishing emails purporting to notify workers that their employment is being terminated. These emails provide clickable links for invitations to teleconference meetings or additional information concerning termination packages in an effort to trick people into downloading malicious software. Scammers are also sending fraudulent emails purporting to perform COVID-19 … Read more Scammers Target Remote Workers with Fraudulent Termination Notices and Fake COVID-19 Tracing Phishing Emails
Written by: Meredith L. Eason Most employers have implemented new policies to comply with OSHA’s requirement to provide a safe workplace and to limit the spread of COVID-19. These new policies typically include enhanced cleaning procedures, facemask and social distancing requirements, and limitations on business travel and in-person meetings. Many employers wonder whether they can legally … Read more Can Employers Limit Off-Duty Activities and Travel During the COVID-19 Pandemic?
Written by: Marianna Michael On July 27, 2020, the Supreme Court of Kentucky entered two new orders to provide continuing guidance on the functions of courts during COVID-19. The first order, Administrative Order 2020-55, replaces Administrative Orders 2020-42 and 2020-47 in their entirety. The Order makes the following provisions:
Update on Kentucky Reopening: Governor Orders Temporary Closing of Bars and Reduction of Restaurant Capacity
(NOTE: This article includes updates as of Tuesday, August 4, 2020.) by Kathie McDonald-McClure, Partner On January 27, 2020, the White House administration declared a public health emergency (PHE) due to the novel coronavirus (COVID-19). On March 6, 2020, Governor Beshear declared a state of emergency, making it only the fifth U.S. state to do so. … Read more Update on Kentucky Reopening: Governor Orders Temporary Closing of Bars and Reduction of Restaurant Capacity
by Courtney R. Samford On June 23, 2020, the Department of Labor (“DOL”) released an interactive online tool that guides employees through a series of questions to determine their eligibility for paid sick leave or expanded family and medical leave under the Families First Coronavirus Response Act (“FFCRA”). The online tool is available here. According to the … Read more DOL Releases New Online Tool for Employees to Determine Paid Sick Leave Eligibility
by Courtney Ross Samford The U.S. Equal Employment Opportunity Commission (EEOC) has announced that COVID-19 antibody tests cannot be required before employees are permitted to return to the workplace. Since an antibody test constitutes a medical examination under the Americans with Disabilities Act (ADA), it is only permitted when it is “job related and consistent with … Read more No Mandatory Antibody Testing
by Courtney Ross Samford On June 11, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) updated its Q&A’s regarding COVID-19 and the Americans with Disabilities Act (ADA), the Rehabilitation Act and other EEOC laws. In particular, parts of the new guidance address specific issues that may arise as older workers, pregnant employees, and those with high-risk … Read more EEOC’s Updated Return to Work Guidance
By Michelle D. Wyrick In its Pandemic Preparedness in the Workplace and the Americans with Disabilities Act, the Equal Employment Opportunity Commission (“EEOC”) confirmed that, during a pandemic, an employer may require employees to wear personal protective equipment that is designed to reduce the transmission of infection, including face masks or gloves. As businesses reopen, many … Read more Can An Employee Refuse to Wear a Mask?
Michelle D. Wyrick and Joseph Profancik, a 2020 Summer Associate As the country sets its sights on reopening the economy, many Americans are understandably hesitant to return to work. Although most states claim that COVID-19 has seen its peak, the number of daily infections reminds us that the virus is still looming all across the … Read more What If My Employees Don’t Want To Return To Work?
by Partners, Tyson Gorman and Kathie McDonald-McClure and Summer Associate, Joseph Profancik Editor’s Note: This article was supplemented by notes that were taken during the May 21, 2020 webinar provided by the Kentucky Chamber of Commerce, featuring Governor Beshear and Mark Carter, discussing plans for the launch of the State’s contact tracing program. While speaking … Read more State Launching Online Tracking System for COVID-19 Contact Tracing
By Marianna J. Michael Shortly after releasing its guidelines for reopening courts in the Commonwealth, the Supreme Court of Kentucky provided further guidance in regards to upcoming trials. The Order builds in time for courts to prioritize criminal proceedings that have been delayed as a result of COVID-19. As such, the Order makes the following … Read more The Supreme Court of Kentucky Issues Guidance Regarding Upcoming Trials
Michelle D. Wyrick and Lilian Williams As businesses begin the first stages of reopening or increasing employee capacity, many have implemented or intend to implement temperature screening procedures. Some businesses are required to screen employee temperatures as a precondition to open under state or local law, as seen in Kentucky, while other businesses look to screen … Read more A Practical Guide to Employee Temperature Screening
By Christopher R. Hanewald After weeks of anticipation, the Paycheck Protection Program’s (PPP) Loan Forgiveness Application has been issued by the Small Business Association (SBA) and Treasury Department. Borrowers—and their accountants—will begin to work through the 11-page application and instructions to determine what proportion of their PPP loan will be converted to a tax-free grant. Unfortunately, similar … Read more PPP Forgiveness Application Published
By Marianna Michael After convening three task forces to determine what measures to take to gradually resume in-person court services, the Supreme Court released its reopening plan on May 15, 2020. The Court’s goal is to implement a limited, phased reopening to allow access to the courts while keeping court personnel and the public safe through … Read more Judicial Branch Task Forces Reveal Re-Opening Guidelines
By Julie Laemmle Watts The Equal Employment Opportunity Commission (“EEOC”) continues to update its guidance for employers in its “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” questions and answers on a host of topics, including topics that are important for employers who are beginning the process … Read more EEOC Questions and Answers for Reopening Employers
As a result of social distancing in the midst of COVID-19, employees are working remotely now more than ever. One of the many unique challenges facing employers as a result of the increased number of employees working from the confines of their homes is the ever-present risk that an employee could be injured while conducting … Read more Employees Injured while Working Remotely may be Entitled to Workers’ Compensation
Kentucky Supreme Court issues Amended Order extending filing deadlines for the Kentucky Court of Appeals and the Supreme Court of Kentucky.
May 01, 2020 On April 28, 2020, the Supreme Court of Kentucky issued Amended Order 2020-29 extending certain filing deadlines for the Supreme Court of Kentucky and Kentucky Court of Appeals by thirty days as a result of COVID-19. The deadline extension applies only to specified notices, motions, and briefs that would have been due … Read more Kentucky Supreme Court issues Amended Order extending filing deadlines for the Kentucky Court of Appeals and the Supreme Court of Kentucky.
April 28, 2020 As a result of COVID-19, employers have been forced to take a hard look at employment levels. Many employers have furloughed employees. Furloughing an employee is distinguishable from terminating an employee. A furloughed worker is still considered an employee, but they have been forced to take a temporary break from work without … Read more Considerations When Severing Employment Relationships With Furloughed Employees
DOL and IRS Provide Needed Guidance on What Documentation Employers Should Gather for Families First Coronavirus Response Act Leave
April 2, 2020 The Department of Labor (“DOL”) released temporary regulations that, among other things, clarify what documentation an employer should gather when employees seek leave under the Families First Coronavirus Response Act (“FFCRA”). Click here to read the full article.
April 2, 2020 As indicated immediately above, the DOL issued a new temporary rule regarding paid leave requirements for employers under FFCRA. Of note to healthcare employers, however, is that FFCRA provides an exemption for “health care providers” and “emergency responders” from these paid leave requirements. In its Frequently AskedQuestions (“FAQs”), the DOL addresses the … Read more FFCRA Paid Leave & Healthcare Providers
April 2, 2020 The Department of Labor (“DOL”) issued a new temporary rule regarding paid leave under the Family First Coronavirus Response Act (“FFCRA”) on April 1, 2020. The rule is effective until December 31, 2020 and subject to change. Click here to read the article.
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