Employment Archives | Page 27 of 105 | EMPLOYEE BENEFITS BLOG

Use a Checklist to Avoid LGBTQ Discrimination in Your Benefits Programs

by Jacob Mattinson | Jul 21, 2020 | Benefit Controversies, Employee Benefits, Employment, Health and Welfare Plans

The US Supreme Court ruled June 15 in Bostock v. Clayton County, Ga. that the prohibition against sex discrimination in the workplace under Title VII of the Civil Rights Act covers sexual orientation and gender identity. Title VII applies to employers with 15 or more employees, including part-time and temporary workers.

Following the decision, benefits experts advise that employers review their benefits programs to ensure that lesbian, gay, bisexual, transgender and queer (LGBTQ) employees are treated equally. Employers can use a checklist to find and correct discriminatory language and practices, and thereby reduce the likelihood of being sued under Title VII or other statutes that provide employees with sexual-orientation and gender-identity protections.

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Returning to the Workplace in the UK: Key Issues for Employers

by Katie Clark and Paul McGrath | Jul 8, 2020 | Employment

As the UK Government works through its phased COVID-19 recovery strategy and lockdown restrictions are progressively eased, employers in the United Kingdom are contemplating the implications of returning staff to the workplace. In this article, we address some of the key issues for employers to consider, with a particular focus on the UK Government’s “Covid-secure” workplace guidance. The issues raised in this article are subject to any local requirements that may apply in Wales, Scotland and Northern Ireland.

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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.

Access the full article.

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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