Employment Archives | Page 27 of 105 | EMPLOYEE BENEFITS BLOG

Agencies Issue Helpful FAQs on COVID-19 Testing Coverage

by Jacob Mattinson | Jul 7, 2020 | Employee Benefits, Employment, Health and Welfare Plans

The US Departments of Labor, Health and Human Services, and Treasury issued a second set of answers to frequently asked questions. The tri-agency FAQs (Part 43) clarify important health and welfare provisions under the Families First Coronavirus Response Act (FFCRA), which became law on March 18, 2020, and the Coronavirus Aid, Relief, and Economic Security (CARES) Act, enacted on March 27, 2020. Both laws addressed Coronavirus (COVID-19) testing and prevention coverage, as well as expansion of telehealth service availability.

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Preparing Your Workplace: How to Navigate Safety Mandates and Recommendations

by Stephania Sanon and Michelle S. Strowhiro | Jul 2, 2020 | Employment

Several months into the COVID-19 pandemic, businesses are thinking about returning to work and what this will look like in practice. While it will not be business as usual, this article highlights how employers can prepare their workplaces and navigate safety mandates and recommendations.

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Can Companies Be Held Liable When Their Employees Fall Ill with Coronavirus?

by Michelle S. Strowhiro | Jun 30, 2020 | Employment

While the Occupational Safety and Health Administration (OSHA) has not released specific standards covering COVID-19, Michelle Strowhiro, a partner in the Los Angeles office of McDermott Will & Emery, is quoted in a recent ABA Journal article saying that employers could face risks under Occupational Safety and Health Act’s general duty clause if they don’t take steps to protect their workplace and ensure it is not exposed to individuals who may have contracted the virus.

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Treasury/IRS Release Proposed Regulations on Section 4960 Excise Tax

by Ralph E. DeJong and Robert C. Louthian, III | Jun 25, 2020 | Employee Benefits, Employment, Executive Compensation

The US Department of the Treasury has released long-expected proposed regulations regarding the section 4960 excise tax on certain remuneration or separation amounts paid to the five highest paid employees of a tax-exempt organization. The new proposed regulations continue the tough approach previously taken on section 4960 issues, while also providing some new exceptions and important clarifications.

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LGBTQ Title VII Ruling May Impact Your Employee Benefit Plan

by Jacob Mattinson | Jun 23, 2020 | Benefit Controversies, Employee Benefits, Employment, Health and Welfare Plans

On Monday, June 15, 2020, the US Supreme Court held in Bostock v. Clayton County that Title VII of the Civil Rights Act of 1964 protects transgender, gay and lesbian employees (and prospective employees) from workplace discrimination based on sex. This means that the protective authority of Title VII for LGBTQ individuals generally extends to employer-sponsored healthcare benefits.

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Worker Safety, Privacy Clash as Temperature Checks Become Norm

by Michael J. Sheehan | Jun 18, 2020 | Employment, Privacy and Data Security

Employers are poised to collect health data from their workforces daily as they adopt temperature checks and other screening protocols to fight the coronavirus, triggering concerns about workers’ privacy and whether the practices will continue beyond the pandemic.

“The temperature checks give employees and customers the feeling of safety and the idea that the company is doing everything possible, even if the screenings don’t protect the workplace,” said Michael Sheehan, a partner with McDermott Will & Emery, in a recent Bloomberg Law article.

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The Month of Change: June Ushers in the “New Normal” in the United Kingdom

by Katie Clark and Paul McGrath | Jun 11, 2020 | Employment

In the UK, changes in restrictions will see non-essential shops opening and many workers hesitantly going back into offices even though they could work from home. Government focus has therefore started to shift to the “re-opening” of business.

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COVID-19: FAQs on Employees Experiencing Symptoms and Employee Absences

by Michelle S. Strowhiro | Jun 8, 2020 | Employment, Health and Welfare Plans, Privacy and Data Security

With rapid developments in local, state and federal guidance and law, the appropriate approach for each employer in relation to COVID-19 will vary depending on the nature of their work, the industries served and their location and size, among other considerations. This article outlines what employers need to know about employees experiencing symptoms and employee absences.

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Preparing Your Workforce: How to Avoid Legal Landmines When Bringing Employees Back

by Lindsay Ditlow, Julie H. McConnell and McDermott Will & Schulte | Jun 4, 2020 | Employment

The COVID-19 pandemic has put unprecedented strain on organizations of all sizes across all industries. The uncertainty of the “new normal” is leading some employers to consider extreme, and often unnecessary, new policies in anticipation of the eventual return to work. To properly navigate the complexities of these novel COVID-19 employment issues, you need innovative but practical solutions.

Learn key takeaways from our third webinar in our Return to Work Virtual Toolkit series that focuses on how to avoid legal landmines as you prepare to bring your employees back to work.

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Pandemic Unemployment Aid Intensifies Debate Over Classifying Gig Workers

by Michelle S. Strowhiro | May 28, 2020 | Employment

The federal Pandemic Unemployment Assistance program extends relief to workers and employees who don’t have access to state benefits, but it will almost certainly put pressure on gig economy companies to start paying into state unemployment insurance funds as government resources continue to diminish due to COVID-19, attorneys say.

Michelle S. Strowhiro, partner at McDermott Will & Emery, said, “To the extent that, post-COVID, we want to maintain unemployment benefits for those traditionally not eligible, … we’d have to contemplate a way that additional funding could be accessed for the long term.”

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