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?

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.

Continue Reading The avalanche continues – Illinois workers’ compensation law set for COVID-19 expansion

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.
Continue Reading Industrial Commission of Ohio unanimously votes to add remaining issues to active telephonic hearing docket

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.
Continue Reading Premium deferral extended and other Ohio BWC updates

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.
Continue Reading Update to Ohio lawmakers’ efforts to expand Ohio workers’ compensation laws in response to COVID-19 pandemic

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.
Continue Reading Pandemic is time to revisit website and other tech accessibility

COBRA compliance is an area that, for many employers, is on auto-pilot. Many employers rely on outside consultants to administer COBRA and need not put much focus on COBRA time limits for electing and paying for coverage. One of the many ripples from the COVID-19 pandemic is a need to check on your method for COBRA compliance. The economic crunch from the pandemic has resulted in layoffs, furloughs, and terminations, many of which were COBRA-triggering events.
Continue Reading Time to review COBRA compliance

If an employee tests positive for or is diagnosed with COVID-19, must that be recorded as a work-related illness on Occupational Safety and Health Administration (OSHA )records? OSHA says COVID-19 is a work-related illness if the virus is contracted at work. That can be very difficult to determine. Employers should not presume a COVID-19 event is work-related unless there are clear facts to support that conclusion.
Continue Reading New OSHA Guidance: Employers must decide if an employee’s COVID-19 is work-related

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)

The CARES Act enacted a new Pandemic Unemployment Assistance (PUA) program for those who have been laid off or furloughed. PUA funds are administered through the state agencies that manage the state unemployment insurance programs, and are funds that eligible individuals receive on top of their state unemployment insurance benefits. Because state reopenings are ongoing and ever-changing, and because PUA eligibility is determined on a weekly basis, understanding which employees can take advantage of these benefits is key.

Continue Reading Individual eligibility for Pandemic Unemployment Assistance benefits