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.
The U.S. Department of Labor Releases Guidance on Small Business and Health Care Provider Exceptions to FFCRA
April 7, 2020 The United States Department of Labor (DOL) published a set of regulations, effective through December 31, 2020, to implement the paid sick and emergency family medical leave expansion provisions of the Families First Coronavirus Response Act (FFCRA). Click here to continue reading.
April 24, 2020 The Kentucky Education and Workforce Development Cabinet has published anemployer handbook to answer employers’ questions about unemployment insurance andhow it has been impacted by COVID-19 and the new federal programs enacted as partof the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. Click here to readthe full article.
Presidential Proclamation Suspending the Entry of Certain Immigrants into the United States – What You Should Know
April 22, 2020 President Trump issued a proclamation suspending the entry of any individual seeking toenter the United States as an immigrant who: • Is outside the United States on the effective date of the proclamation;• Does not have a valid immigrant visa as of April 23, 2020; and• Does not have a valid official … Read more Presidential Proclamation Suspending the Entry of Certain Immigrants into the United States – What You Should Know
April 17, 2020 On March 27, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”)was enacted. It allocated $100 billion to a Public Health and Social Services EmergencyFund (Relief Fund) to disburse to hospitals and other healthcare providers in order tosupport healthcare-related expenses and reimburse lost revenues attributable tothe COVID-19 public health emergency. On … Read more Relief Payments to Health Care Providers under the CARES Act: Strings are Attached
April 16, 2020 COVID-19 continues to cause concern for employers, but one concern they may be able to let go of is recording each employee diagnosis with the Occupational Safety and Health Administration (“OSHA”). Following a letter of concern, OSHA has released new guidelines that COVID-19 would not be a recordable injury for most employers … Read more OSHA Issues Continued Coronavirus Guidance
April 15, 2020 On April 14, 2020, the Supreme Court of Kentucky issued its latest Order extending deadlines in response to COVID-19. In what is its most dramatic extension to this point, the Court has limited its functions and those of the Court of Appeals until May 31, 2020. Up to this point, the Court … Read more In Its Latest Order, the Supreme Court of Kentucky Extends its Restrictions to May 31, 2020
April 15, 2020 Many employers are being forced to make tough financial choices to survive the difficult economic climate caused by COVID-19. Before closing offices or instituting furloughs or mass layoffs, employers must consider the requirements of the federal Worker Adjustment and Retraining Notification (WARN) Act, as well as any similar state laws that may … Read more Employers Are Still Required to WARN Employees of Workplace Closings or Layoffs
April 8, 2020 The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) recently published a new workplace poster aimed at reducing workplace exposure to the coronavirus. Specifically, the poster highlights ten infection protection measures every employer can implement to protect workers’ safety and health during the COVID-19 pandemic. Click here to read more.
March 31, 2020 The Supreme Court of Kentucky, which had previously extended filing deadlines for anything due to the Supreme Court of Kentucky or the Court of Appeals between March 16, 2020 to April 10, 2020, released an amended Order relating to COVID-19 concerns. The newest Order extends deadlines by two more weeks and sets … Read more The Supreme Court of Kentucky’s Amended Order
March 31, 2020 The FFCRA amended the Fair Labor Standards Act (FLSA) to include Emergency Paid Sick Leave, which provides Emergency Paid Sick Leave to employees who meet certain criteria during the COVID-19 pandemic. In addition, the FFCRA expanded the Family and Medical Leave Act (FMLA) to provide public health emergency leave for a qualifying … Read more 10 Questions and Answers for Employers About the Families First Coronavirus Response Act (FFCRA)
March 30, 2020 State governors across the nation issued executive orders aimed at containing the spread of the coronavirus (COVID-19) at a torrid pace during the month of March. Although these “stay at home,” “shelter in place,” or “healthy at home” orders are not all identical, most of them require certain businesses to close their … Read more Benefits of Providing Employees “Essential Services Letters”
March 30, 2020 The Paycheck Protection Program (“PPP”), passed as a part of the CARES Act. Click here to read a one page overview of the Act. For a more detailed overview of the Act, please click here. It is likely we’ll also be issuing industry-specific guidance for our health care and financial institution clients.
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