Employment Law Information

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

Can Employers Limit Off-Duty Activities and Travel During the COVID-19 Pandemic?

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?

Two New Orders Issued by the Supreme Court of Kentucky

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

DOL Releases New Online Tool for Employees to Determine Paid Sick Leave Eligibility

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

No Mandatory Antibody Testing

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

EEOC’s Updated Return to Work Guidance

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

Can An Employee Refuse to Wear a Mask?

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?

What If My Employees Don’t Want To Return To Work?

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?

State Launching Online Tracking System for COVID-19 Contact Tracing

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

The Supreme Court of Kentucky Issues Guidance Regarding Upcoming Trials

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

A Practical Guide to Employee Temperature Screening

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

PPP Forgiveness Application Published

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

Judicial Branch Task Forces Reveal Re-Opening Guidelines

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

EEOC Questions and Answers for Reopening Employers

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

Employees Injured while Working Remotely may be Entitled to Workers’ Compensation

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.

Considerations When Severing Employment Relationships With Furloughed Employees

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.

FFCRA Paid Leave & Healthcare Providers

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

The Department of Labor Issues Temporary Rule for Paid Leave

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.

Kentucky Releases Unemployment Insurance Employer Handbook for COVID-19

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

Relief Payments to Health Care Providers under the CARES Act: Strings are Attached

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


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