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Jyllian is a senior associate in the firm’s Labor and Employment Department. Her practice focuses on education law, collective bargaining, administrative proceedings, policy advisement and labor relations.

On March 11, 2021, President Joseph Biden signed The American Rescue Plan Act, which provides $1.9 trillion in funds for individuals and businesses in response to the COVID-19 pandemic. For employers, here are the key provisions to be aware of:

FFCRA tax credit extension

Since January 2021, employers subject to the Families First Coronavirus Response Act (FFCRA) have not been required to provide FFCRA leave to employees; however, employers who opt to voluntarily provide FFCRA leave to employees can obtain tax credits to offset certain costs associated with providing the leave. The American Rescue Plan Act does not reinstate the mandate to provide leave or require employers to provide any additional leave, but extends the tax credits for qualifying family leave and sick leave wages that an employer voluntarily pays between April 1, 2021 and Sept. 30, 2021. The measure provides a new yearly allotment of up to 80 hours per employee of qualifying paid sick leave available for 2021 tax credits. Again, this does not obligate an employer to provide additional leave, but allows employers to offer a new bucket of leave to employees if they so choose.
Continue Reading The American Rescue Plan Act: What employers need to know

The attorneys behind the Employer Law Report Blog present the first in a three-part series on the COVID-19 vaccine and employer considerations.

As vaccinations become increasingly available to stop the spread of COVID-19, some  employers are posing the question: Can I require my employees to receive the vaccine in order to make my workplace more safe? The question is somewhat academic right now, since the vaccine is not widely available in most states, but it appears that will change in the weeks and months to come.


Continue Reading COVID-19 vaccine for employees: Can you require it? Should you require it? Can you offer incentives to encourage it?

New developments related to joint employer liability have arisen since our blog article posted on April 4, 2019. In that post, we discussed the proposed rule to narrow the definition of a “joint employer” under the Fair Labor Standards Act (FLSA). Following a review and comment period, in Jan. 2020, the U.S. Department of Labor (DOL) announced a Final Rule, adopting the rule as proposed which then became effective in March 2020.

Continue Reading Joint employer rule, now disjointed

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.
Continue Reading You know what they say about good intentions…Can an employer exclude employees 65+ from the workplace to prevent COVID-19 risk?

The U.S. Equal Employment Opportunity Commission (EEOC) has released guidance allowing employers to test employees for COVID-19 under certain circumstances. Specifically, the guidance posed, and answered, the following question:

May an employer administer a COVID-19 test (a test to detect the presence of the COVID-19 virus) before permitting employees to enter the workplace? 4/23/20


Continue Reading COVID-19 detection testing: You shall not pass (unless you pass the test)

As millions of Americans are settling into a “new normal” and working from home, employers should revisit their company policy regarding workplace harassment. Because the workplace doesn’t look quite like it used to, employees must use creative channels of communication while working remotely. Conversations that may have taken place around a water cooler may now be reduced to writing, whether via text message, email or even messages exchanged within a video conferencing platform.

Continue Reading When your #hashtag is not #humorous: Preventing harassment in a remote working environment

The National Labor Relations Board has issued a final rule governing joint-employer status under the National Labor Relations Act. This rule, published in the Federal Register on February 26, 2020, will take effect in late April 2020.

To be a joint employer under the final rule, a business must possess and exercise substantial direct and immediate control over one or more essential terms and conditions of employment of another employer’s employees.


Continue Reading The new NLRB joint-employer rule

When did canned web-based presentations become the norm for harassment, discrimination and other inappropriate workplace conduct training? Companies who rely on pre-prepared, generic materials often find those trainings for HR, management, supervisors and employees to be ineffective, particularly now that #MeToo is a part of our vocabulary. For the employer who has the goal of