When COVID-19 began its pernicious spread, causing Americans to lock down and employers to close or curtail their workplaces, lawyers were busy advising clients on required leaves of absence, the eligibility of laid-off employees for unemployment compensation and other paid benefits, as well as other legal issues associated with closing a business or sending a

Employers are legally required to make their workplaces “safe” for their employees and customers.  What does “safe” mean, given that no employer can guarantee a virus-free workplace?  What are the rules on screening employees, taking temperatures, and refusing to allow employees showing symptoms of COVID-19 into the workplace?  This session will talk about how to

This is the third post in a four-part series discussing labor and employment law issues that should be considered when a company decides to buy another business.  My last post addressed withdrawal liability when a company acquires the assets of a business which contributes to a multiemployer pension plan pursuant to a collective bargaining agreement.

Phyllis Karasov and Dan Ballintine discuss the matters employers need to consider when re-opening businesses after the Covid-19 shutdowns. Recalling only some employees, screening employees before they enter the workplace and dealing with employees who refuse to return to work are among the issues discussed.

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This is the first post in a four-part series discussing labor and employment law issues that should be considered when a company decides to buy another business. The series will discuss transactions where the buyer is a union business and transactions when the seller is a union business. This first article focuses on the acquisition

On March 26, 2020,  the U.S. Department of Labor (DOL) published its first guidance on the Families First Coronavirus Response Act (“FFCRA” or “Act”). The publications included a fact sheet for employees, a fact sheet for employers and a question and answers document. The documents begin to address the numerous questions that businesses have concerning

Woman working from home

This article is co-written by:
Phyllis Karasov, Larkin Hoffman
Larry Morgan, Orion HR Group, LLC

In light of the coronavirus, the majority of employers are allowing, if not mandating, that employees work from home (WFH). What should employers be thinking about when arranging for employees to telecommute?

  1. Determine which positions lend themselves to WFH. Obviously,

Over the past decade or so, more and more employers have purchased employment practices liability insurance (EPLI) through their agents. In general, EPLI provides employers with coverage, usually for both defense costs and damages potentially awarded in cases involving claims of discrimination or harassment by employees, overtime, and other allegedly unfair employment practices. At first

Last fall ProPublica revealed that the U.S. Equal Employment Opportunity Commission has cited employers for discriminatory targeting of job ads on Facebook.  The ads in question excluded women and older workers through use of the micro-targeting tools provided by Facebook’s advertising platform.  Early in 2019, a similar practice came under fire by the Department of

Inside or Outside Investigations of Employee Conduct or Complaints?

It almost goes without saying that it is imperative in these times that businesses conduct impartial, timely and thorough investigations of workplace misconduct, including employee complaints.  Doing so gives businesses better chances to resolve issues, salvage employees, avoid litigation or at least better defend against liability.