Recently, Governor Mike DeWine signed House Bill 81 which contains several changes to workers’ compensation laws. Most significantly, the bill contains a provision that will codify the common law voluntary abandonment doctrine. This provision should ensure that injured workers do not receive certain disability benefits if their loss of income is not related to the allowed conditions in a claim. Significantly, this codification specifically supersedes any court opinions applying the well-known doctrine. Continue Reading
When can an employee in Ohio refuse to return to work and still get unemployment?
Conventional understanding of unemployment benefits leads to the logical conclusion that when employees are capable of working and offered suitable employment, they are not entitled to collect unemployment benefits. But like many other things in the post-COVID-19 world, conventional thinking no longer rules the day.
Last week, on June 16, 2020, Gov. DeWine issued an Executive Order addressing unemployment benefits eligibility during the COVID-19 epidemic. It provides that when an employee is called back to work in the same position as before the Director of Health’s special orders, there is a presumption that the position is considered “suitable work” under the Ohio unemployment insurance program. However, an employee may refuse to return to work and still be eligible for unemployment compensation if “good cause” exists for the refusal. Continue Reading
Presidential Proclamation limits nonimmigrant employment visas
The President issued the “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak” on June 22, 2020, limiting the admission of certain foreign nationals to the United States. This Proclamation includes an introduction describing the high unemployment rate resulting from the COVID-19 pandemic and the economic dislocation as justification for this ban on the admission of certain temporary visas. The President also extended the 60 day limitation of immigrant visas announced in the April 22, 2020 Proclamation until Dec. 31, 2020. In addition to the bar for immigrant visas, the Proclamation also bars foreign national citizens outside the United States who seek to enter with an H-1B, H-2B, L-1 and certain categories of J-1 nonimmigrant visas. The Proclamation does not apply to any person currently in the United States, and therefore will not affect extensions of status for H-1B, H-2B or L-1 (Persons in J-1 status are admitted for the “duration of status” and therefore generally do not require an extension.) The Proclamation takes effect on Wednesday, June 24, 2020 and will continue until Dec. 31, 2020, although the text of the Proclamation suggests it could be continued beyond this date. Continue Reading
You know what they say about good intentions…Can an employer exclude employees 65+ from the workplace to prevent COVID-19 risk?
On June 11, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) released additional guidance covering topics like the well-intended exclusion of workers over the age of 65 who, according to the Centers for Disease Control and Prevention (CDC), are deemed to be at greater risk for severe cases of COVID-19. The guidance also covers issues related to pregnancy, remote harassment and employees living with family members who are high risk due to underlying health conditions.
Sexual orientation and transgender status protected under Title VII sex discrimination prohibition
In a landmark decision issued today, the U.S. Supreme Court held in a 6-3 opinion that the sex discrimination prohibitions of Title VII of the Civil Rights Act of 1964 include discrimination based on sexual orientation or transgender status. The opinion was authored by Justice Gorsuch, and was joined by Chief Justice Roberts and Justices Ginsburg, Breyer, Sotomayor, and Kagan.
The avalanche continues – Illinois workers’ compensation law set for COVID-19 expansion
On June 5, 2020 Illinois Gov. J.B. Pritzker signed House Bill 2455 into law, thereby amending the Illinois Workers’ Occupation Diseases Act with respect to claims related to COVID-19. Codified as Public Act 101-0633, the amendment creates a rebuttable presumption that an employee’s contraction of COVID-19 arises out of and in the course of that employee’s first responder or front-line worker employment, and that the injury or occupational disease is rebuttably presumed to be causally connected to the hazards or exposures of the employee’s first responder or front-line worker employment.
Industrial Commission of Ohio unanimously votes to add remaining issues to active telephonic hearing docket
On June 3, 2020, the Ohio Industrial Commission unanimously voted to place all issues referred for adjudication on the active telephonic hearing docket. Since March, the Industrial Commission has conducted all hearings by phone due to the COVID-19 pandemic.
Premium deferral extended and other Ohio BWC updates
Previously, the Ohio Bureau of Workers’ Compensation (BWC) announced it will defer employer premium installment payments for the months of March, April and May, making those payments due June 1, 2020. Now the BWC has announced it will further defer premium installment payments for the months of June, July and August as well. This means the deferred premium installment payments are now due Sept. 1, 2020.
Update to Ohio lawmakers’ efforts to expand Ohio workers’ compensation laws in response to COVID-19 pandemic
As we previously reported in this blog post, Ohio lawmakers have proposed multiple bills that would expand Ohio workers’ compensation laws in reaction to the COVID-19 pandemic. Recently, the Ohio House passed an amended version of the previously introduced legislation.
Pandemic is time to revisit website and other tech accessibility
Have you ever made online purchases as frequently as you have in recent months? Have you ever had so many employees working remotely? The pandemic-related surge in consumer reliance on online purchases, with a workforce serving those customers remotely, makes website accessibility for disabled persons an increasingly high-profile issue.
