Labor Law

Subscribe to Labor Law

Recent years have brought a steady stream of developments in labor and employment law, and 2023 has been no exception. As we expect regulatory and legislative changes to continue, it is critical for employers and HR professionals to stay informed of the impact these developments will have in the workplace. We invite you to join us for a lively presentation discussing the significant legal developments that employers should consider as we look forward to 2024.Continue Reading Register Now | Significant Labor & Employment Law Developments Impacting the Workplace

The Fair Labor Standards Act (FLSA) provides a process by which an employee or a small group of employees can sue for unpaid wages, often in the form of overtime, and can also claim to be representing all others “similarly situated.”  Continue Reading Sixth Circuit Adopts New Certification Procedure Under the FLSA

The Occupational Safety and Health Administration (OSHA) has issued new guidance regarding an employer’s obligation to record all COVID-19 illnesses among workers if the illness is “work-related.” This new obligation went into effect on May 26, 2020, and supersedes guidance issued in April.

Recordkeeping Obligations

Employers are responsible for recording cases of COVID-19 if all of the following requirements are met:

When is a COVID-19 Illness Work-Related?Continue Reading Employer’s Obligation on Reporting COVID-19 as a Work-Related Illness – Updated OSHA Guidance

Bass, Berry & Sims attorneys Davidson French, Bob Horton and Kimberly Veirs recently presented a Middle Tennessee Society for Human Resource Management’s (MTSHRM) webinar.

The webinar, entitled “Update on Federal Legislation in Response to COVID-19 Pandemic Impacting Employers,” reviewed the latest DOL guidance for employers implementing the provisions of the Families First Coronavirus Relief Act…

Since the passage of the Families First Coronavirus Response Act (FFCRA), many healthcare organizations, especially those with a structure that includes a friendly or captive PC model, have struggled to determine whether they may aggregate employees across all affiliated entities to reach the 500-employee threshold that exempts employers from the paid leave requirements of the FFCRA.

However, based on rolling FFCRA guidance recently issued by the Department of Labor (DOL), employers of healthcare providers may exclude such employees captured by the DOL’s definition of healthcare provider from paid leave benefits under the FFCRA.  Because of the broad scope of the definition of healthcare provider recently provided by the DOL, many healthcare organizations and even those entities that provide services to healthcare organizations may be able to exclude all of their employees from paid leave benefits under the FFCRA regardless of whether they meet the 500-employee threshold.Continue Reading DOL Offers Definition of Healthcare Provider under FFCRA

Please note that the content below was posted on March 26, 2020. We have since provided updated guidance on the topics discussed in this post here.

The Department of Labor has issued a Notice Poster outlining employees’ rights under the Families First Coronavirus Response Act’s (FFCRA). This poster must be displayed in a conspicuous place in a location visible to employees and is available for download on the DOL website.  Additional facts regarding posting requirements can be found here.

Both the FFCRA’s leave provisions (Paid Sick Leave and Emergency FMLA) apply to private employers with fewer than 500 employees.  The Department of Labor has issued a Questions and Answers resource addressing one of the FFCRA’s most lingering questions – which employees are counted for purposes of the 500 or less employee threshold?Continue Reading DOL Issues Notice Poster and Answers to FFCRA Frequently Asked Questions Clarifying 500-Employee Threshold

COVID-19 is spreading and testing, in many states, is increasing.  As a result, increasing numbers of employers will be faced with the reality of an employee testing positive for COVID-19.  When that happens, what’s an employer to do?  Below are some FAQs about COVID-19 in the workplace.

An employee has tested positive.  What can an employer do?

Send the employee home immediately.  The employer may require a doctor’s note releasing the employee to return to work, although the CDC has asked employers to consider foregoing such documentation due to current healthcare constraints.  If the employer chooses to forego the medical release to work, the CDC has provided that employees should not return to work until they are free of fever (without the use of fever-reducing medications) and any other COVID-19-related symptoms for at least 24 hours.  The CDC has indicated that healthcare professionals diagnosed with COVID-19 may return to work after seven days have passed since symptoms first appeared AND after three days have passed since resolution of fever without the use of fever-reducing medications and improvement in respiratory symptoms.

The employer should consider a deep clean of the employee’s workplace, including common areas.  The employer has the option to notify the diagnosed employee’s co-workers of the diagnosis, without releasing the employee’s name.  A sample notice is below:Continue Reading COVID-19 in the Workplace: Employer FAQs

The economic repercussions of COVID-19 have been immediate and in many cases, debilitating, to American business across all industries, from food & beverage to manufacturing to healthcare.  Challenges faced include government-mandated closures of certain “non-essential” businesses and reduced demand of products and/or services.  As business revenue plummets, many companies are faced with the need to cut significant human capital costs in order to keep their business afloat.  Below are some options for companies to consider as they work to address reduced staffing needs.

Furlough

While the term furlough is used to describe various arrangements, typically a furlough is an unpaid leave of absence.  A furlough is often ideal for employers who anticipate a temporary need for reduced staffing.  Employees on furlough are still technically employed by the employer and, as a result, may be able to remain on the employer’s group health plan(s) if permitted by the terms of the plan(s).  Employers may require employees to pay the applicable employee portion of the premium during the furlough.  If the employer’s group health plan(s) is not available to employees on furlough, COBRA coverage would commence.  Also, many states allow for unemployment compensation to employees on an unpaid furlough.Continue Reading Workforce Reduction Options Amid COVID-19

Join us for a complimentary seminar where we will review a broad range of topics pertaining to significant legislative and regulatory actions and court decisions that occurred in the area of employment law over the past year.

7:00 a.m. – 7:30 a.m. Registration and Breakfast
7:30 a.m. – 8:30 a.m. Program

Topics will include:

  • FLSA

…

Bass, Berry & Sims attorney Tim Garrett discussed the implications of the ruling holding responsible the University of Connecticut Health Center for the sexual harassment of an employee by a fellow co-worker. In the ruling, the court found that the University of Connecticut Health Center did not take proper steps to alert supervisors of the co-workers prior harassment history which, therefore, prevented the supervisors from properly monitoring his behavior and allowed the misbehavior to occur. According to Tim, “While employers likely can’t monitor their staff at all times and eliminate all workplace harassment, they likely need to have a ‘heightened sense of awareness’ when an employee has been disciplined in the past, and companies will have a greater responsibility to monitor and investigate any allegations in those situations.”
Continue Reading UConn Health System Found Liable for Clinician’s Sexual Harassment

From the Bass, Berry & Sims Blog Network
From the Bass, Berry & Sims Blog Network

Thought Leadership by our Attorneys.