In response to the widespread shift to remote workforces due to the COVID-19 pandemic, the Department of Labor (DOL) has issued guidance to clarify how employers can comply with federal laws requiring the display of certain notices in the workplace that inform employees about their rights under federal employment law. Field Assistance Bulletin No. 2020-7 was issued on December 29, 2020, to give guidance on Read More

On December 29, 2020, the Department of Labor (DOL) issued guidance stating that a telemedicine visit with a health care provider to verify an employee’s serious health condition can be used to support FMLA leave. Under the FMLA, one avenue for an employee to prove a serious health condition is to visit a health care provider in person. Under the FMLA a “serious health condition” is an “illness, injury, Read More

The Tax Cuts and Jobs Act (TCJA) enacted in December 2017 created a 21% excise tax on executive compensation in excess of $1 million paid by tax-exempt organizations to certain employees (IRC Section 4960). Covered employees include the five highest-compensated employees of an organization or an individual who qualified as a covered employee in a preceding taxable year. On November 5, 2020, the IRS’s Tax Exempt Read More

Based on the anticipated priorities of the Biden administration, employers and HR professionals may expect an increase in Department of Labor (DOL) audits and investigations. Although DOL audits may take many forms, the DOL’s Wage and Hour Division is expected to be more persistent in its enforcement of payroll compliance, including the appropriate payment of overtime. As your risk management partner, HBL offers the Read More

The Americans with Disabilities Act (ADA) restricts when and how much medical information an employer may seek to obtain from an employee or job applicant. In general, inquiries about disabilities or medical exams are prohibited before an employer makes a conditional job offer to an applicant. However, those inquiries are permitted between the time the offer is made and when the applicant starts work, as long as they Read More

As businesses across the country return to in-person operations, the Occupational Safety and Health Administration (OSHA) has been activity enforcing workplace safety related to COVID-19. As your risk management partner, we offer you the following three tips to avoid OSHA citations related to COVID-19... Tip #1: Develop a safety plan around state and federal guidelines. OSHA enforces employers’ general Read More

New guidelines from the U.S. Centers for Disease Control and Prevention (CDC) on what constitutes “close contact” with a person infected with COVID-19 will require many employers to update their COVID-19-related safety practices and policies. Previously, the CDC had defined a “close contact” as someone who was within six feet and spent at least 15 consecutive minutes in the presence of an infected individual. The Read More

After learning to operate remotely, employers across the country have been reconsidering the place of telework, particularly as an accommodation for individuals with disabilities. As employers move forward with a “new normal” perspective on telework, the Equal Employment Opportunity Commission (EEOC) has been continuing its enforcement effort surrounding telework accommodations. As your risk management partner, Read More

By now, many employers have had at least one case of COVID-19 in their workplace.  Especially considering the sweep of tort lawsuits across the country, employers’ responses to the presence of an infection in the workplace is of crucial importance to managing both legal and reputational risk exposure. As your legal risk management partner, HBL offers the following three strategies for responding to cases of Read More