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As employment law constantly changes, the attorneys at Bean, Kinney & Korman stay up to date on the law as it develops. Our blog topics focus on those changes and what you need to know about them, ranging from severance agreements and the FLSA to social media in the workplace and recent court decisions. If you are interested in having us cover a specific topic, please let us know.

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Posts tagged COVID-19 (Coronavirus).
Summer Camps Closed Due to COVID-19? DOL Issues Additional Guidance for FFCRA Leave Eligibility

With the arrival of summer the U.S. Department of Labor (“DOL”) issued some additional guidance last week to clarify when an employee may take leave under the Family First Coronavirus Response Act (“FFCRA”) to care for the employee’s child based on the closure of a summer camp, summer enrichment program, or other summer program for COVID-19-related reasons. The new guidance adds some gloss to the partial answer previously provided by the DOL earlier in the month, when it addressed the availability of FFCRA leave in the context of pending school summer closures, which you can read about here.

Employer Antibody Testing for COVID-19 Violates the ADA, According to New EEOC Guidance

The Equal Employment Opportunity Commission posted an update on June 17, 2020 to its COVID-19 / ADA technical assistance for employers (A.7.) to address whether the ADA permits employers to require COVID-19 antibody or serologic testing before allowing employees to reenter the workplace. The ADA does not permit serologic testing, according to the EEOC. 

Can Virginia Employees Still Get Paid Leave Under the FFCRA After Businesses Reopen and Schools Close?

As Virginia businesses are beginning to reopen for work under Governor Ralph Northam’s Order easing many COVID-19-related business restrictions, most public and private school systems in the Commonwealth are beginning to wind down the school year and close for summer break. The dichotomy of openings and closings raises a key question for many workers with school-age children (and their employers): Am I able to continue to qualify for paid sick leave under the Emergency Paid Sick Leave Act (EPSLA) and emergency family and medical leave under the Emergency Family and Medical Leave Expansion Act (EFMLEA)?

COVID-19 FAQS for Employers

As most everyone in the world by now is aware, the Coronavirus Disease 2019 (COVID-19) pandemic is sweeping the United States and rocking the economy. The federal government and nearly all 50 states have declared states of emergency. Many schools and businesses are closed or operating remotely. The pandemic creates unique issues for employers and employees alike. The following FAQs focus on the legal obligations of employers related to COVID-19.