View Recent Blog Posts in Labor and Employment Law

  • By: Hannah Robinson On June 15, 2020, the Supreme Court of the United States issued a landmark decision in Bostock v. Clayton County, Georgia, holding that an employer who fires an individual based on the individual's sexual orientation or gender identity violates the express terms of Title VII of the Civil Rights Act of 1964 ("Title VII"), which... Continue Reading...
  • By: Brian Carnie, Chelsea Caswell, A. Edward Hardin, Scott Huffstetler, Erin Kilgore, Michael Lowe, Zoe Vermeulen and David Whitaker For clients having operations in Louisiana which were affected by the recent Louisiana stay-at-home order (which expired May 14, 2020), the State Fire Marshal has released new phasing plan requirements as Louisiana moves into Phase 1 of reopening. The link can be found here. Guidance is broken down as follows: Outdoors sports Business/Organizations Fitness centers/health... Continue Reading...
  • By: Forrest Guedry The Louisiana Legislature is currently considering proposed legislation which would provide workers' compensation coverage for essential workers during the COVID-19 pandemic.[1] The proposed law states that every essential worker who is disabled because of the contraction of the COVID-19 disease is entitled to the same compensation as if that essential worker had received personal injury... Continue Reading...
  • By: Brian Carnie, Chelsea Caswell, A. Edward Hardin, Scott Huffstetler, Erin Kilgore, Michael Lowe, Zoe Vermeulen and David Whitaker Last week, President Trump unveiled his Guidelines for Opening Up America Again. The Guidelines present a three-phase, criteria-based, framework to allow individuals and employers to return to normal activities. The return-to-work envisioned by the White House calls for the easing of current restrictions, not the wholesale abandonment of those restrictions. The guidelines are not statutes... Continue Reading...
  • By: Brian Carnie, Chelsea Caswell, A. Edward Hardin, Scott Huffstetler, Erin Kilgore, Michael Lowe, Zoe Vermeulen and David Whitaker On April 8, 2020, the CDC announced new guidance for how to handle essential workers who have been exposed to someone with COVID-19. To ensure continuity of operations, the CDC says the employer no longer needs to send the exposed employee home to self-quarantine for 14 days assuming the employee remains asymptomatic and does not... Continue Reading...
  • By: Brian Carnie, G. Blane Clark and Linda Clark In addition to certain entities, independent contractors, sole proprietors and "eligible self-employed individuals" may be eligible to apply for a Paycheck Protection Program loan under the CARES Act. What is an eligible self-employed individual? It is important to note that the statute did not refer to "self-employed individuals" which would have been very easy for... Continue Reading...
  • By: Brian Carnie, Chelsea Caswell, A. Edward Hardin, Scott Huffstetler, Erin Kilgore, Michael Lowe, Zoe Vermeulen and David Whitaker On April 1, the paid leave requirements of the Families First Coronavirus Response Act took effect. Prior to April 1, the DOL issued both a required employer notice and a series of questions and answers related to the required employer notice under the Act: https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Non-Federal.pdf and https://www.dol.gov/agencies/whd/pandemic/ffcra-poster-questions. The IRS also issued a series of FAQs... Continue Reading...
  • By: Robert Schmidt The Families First Coronavirus Response Act ("FFCRA") was enacted as HR 6201 and signed into law on March 18th, 2020. The Act consists of three divisions which are relevant to the provision of family and medical and sick leave and providing for tax credits in connection with the mandatory family and medical and sick... Continue Reading...
  • By: Brian Carnie, Chelsea Caswell, A. Edward Hardin, Scott Huffstetler, Erin Kilgore, Michael Lowe, Zoe Vermeulen and David Whitaker The U.S. Department of Labor's Wage and Hour Division continues to burn the midnight oil providing much needed guidance to employers and employees regarding leave issues under the Families First Coronavirus Response Act. Overnight, Saturday, the DOL posted a third set of Q&As (Q&As 38-59) that address a number of recurring employer questions. "Son or... Continue Reading...
  • By: Brian Carnie, Chelsea Caswell, A. Edward Hardin, Scott Huffstetler, Erin Kilgore, Michael Lowe, Zoe Vermeulen and David Whitaker Overnight, the U.S. Department of Labor's Wage and Hour Division posted additional answers to pressing questions regarding leave issues under the Families First Coronavirus Response Act. These Q&As address a number of recurring employer questions. Documentation. One of the topics addressed by the DOL includes required documentation to support the need for leave (which the... Continue Reading...