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Client Alerts, News Articles, Blog Posts, & Multimedia
Everything you need to know about BMD and the industry.
Multimedia
Employment Law After Hours VIDEO - COVID Religion Exemption Requests
April 7, 2022
Showing & Analyzing Employee Vaccine Religious Accommodations What are religions exemptions and accommodations for COVID-19? What is considered a religious exemption? Are religions exemptions different from religious accommodations regarding the COVID-19 vaccine? How can employees request a religious exemption? How can employees request a religious accommodation? Can employers or companies meet with employees requesting a religious accommodation? What occurs in these meetings? What other information do people, employees, and employers need to know about COVID-19 vaccination religious accommodation / exemption requests? These questions are arising more and more because of the recent Supreme Court decisions.
Posted by
Bryan Meek
Client Alert
Vaccination Considerations for Employers
November 25, 2020
Today, three Covid-19 vaccines have tested as highly effective (90%+ efficacy) and are advancing in the process for emergency use. This is especially welcome news in Ohio, which has skyrocketing cases and our strategic response has been to turn the entire state into the small town of Bomont with strict curfews and bans on social gatherings.
Posted by
Jeffrey C. Miller
Client Alert
Ramping Up – A Quick Guide to Pressing COVID-19 Employment Law Issues
November 19, 2020
As the country continues to grapple with a global pandemic that now seems to be never-ending, businesses everywhere are waking up to realize that the calming of the COVID-19 employment issues over the summer has come to an end. As cases rise exponentially in all 50 states as we head into the winter months, the number of employment issues related to COVID-19 will also increase dramatically. For these reasons, it is important that we return to the employment law basics that were covered this prior spring, while highlighting the many lessons we have learned along the way. As COVID-19 matters and concerns continue to hinder the working environment of every business, it is important that you reference this review to guide you through these tough issues and questions.
Posted by
Bryan E. Meek
Client Alert
DOL Proposes New Rule Regarding Independent Contractor Status - But How Will the Election Affect Its Future?
September 24, 2020
On September 22, 2020, the U.S. Department of Labor announced a new proposed rule regarding employee and independent contractor status under the Fair Labor Standards Act. The full text of the proposed rule is available here. The rule's drafters intend to reduce uncertainty and enhance the precision and predictability of the long-standing "economic reality" test, which currently relies on a multifactor balancing test.
Posted by
Russell T. Rendall
Client Alert
Families First Coronavirus Act (“FFCRA”) Under Attack
August 10, 2020
In response to the COVID-19 global pandemic, the Families First Coronavirus Act (“FFCRA” or “the Act”) went into effect on April 1, 2020 followed closely behind by the Department of Labor’s (“DOL”) Final Rule on the Act which, collectively, describe the obligations of employers as well as the rights of employees under the FFCRA’s paid sick time and expanded family medical leave provisions.
Posted by
Jeff Miller & Bryan Meek with Monica Andress
Client Alert
Employer COVID Toolkit
July 2, 2020
As employees come back to work and employers operate “mid-COVID” in the “new normal,” employers must update their Employee Handbook and related employment policies. BMD has put together an Employer COVID Toolkit to supplement an employer’s existing Employee Handbook and policies to ensure compliance with the Department of Labor guidance, OSHA, FFCRA, the CARES Act and state law. Below is a description of policies and their purpose.
Posted by
Jeffrey C. Miller & Amanda L. Waesch
Client Alert
Title VII to Protect LGBTQ Community
June 15, 2020
It is not every day that the United States Supreme Court issues a decision that dramatically changes the workplace, but it happened this week. In a landmark decision captioned as Bostock v. Clayton County, issued by the Court on June 15th, the Court ruled that federal law prohibiting discrimination on the basis of “sex” will now include protections for individuals on the basis of sexual orientation, transgender, and gender identity.
Posted by
Bryan Meek & Monica Andress
Client Alert
Reopening & Social Media: Tips for Businesses
May 21, 2020
As the country starts to reopen, businesses are under great pressure to keep employees and customers safe. Even if a business follows every reopening requirement, there will inevitably be scrutiny from within and outside the organization. And, in this world of social media, perception tends to become reality. Below are a few practical tips to avoid attracting negative press while restarting your business.
Posted by
Ashley B. Watson
Client Alert
Back to Work: Employer Documents
May 20, 2020
The return of the workforce brings a renewed set of documentation requirements for employers, particularly those employers with fewer than 500 employees and any companies who received PPP funds. Back in March, employers needed a COVID-19 Leave Form and a Remote Work Policy, but things have changed.
Posted by
Jeffrey Miller & Amanda Waesch
Client Alert
Relief for Employers from Unemployment Filings
May 8, 2020
From the last 7 weeks, the total number of unemployment filings in the U.S. now totals 33.5 million, an unprecedented number comparable to the number of filings during the Great Depression. Although some state and federal funds are being used to supplement the unemployment funds, providing additional compensation to the unemployed, employers will be responsible for a very large portion of the total funds being doled out to employees.
Posted by
Bryan Meek
Client Alert
Ahola '10 Minute Tuesday' with BMD's Jeff Miller: Reopening Ohio, New Responsibilities Employers are Facing
May 5, 2020
BMD Employment and Labor Member, Jeffrey C. Miller shared insights on what reopening of Ohio means for Employers on Tuesday, May 5, with Ahola HR Solutions and Payroll. Jeff discussed wage and hour, contract tracing and more.
Posted by
BMD Employment & Labor Group
Client Alert
Employment Law Pitfalls in the New Normal
May 1, 2020
This week the state of Ohio announced its Responsible RestartOhio plan and issued a Stay Safe Order amending to Department of Health’s prior order, designed to get people back to work and gradually reopen the state, available at https://coronavirus.ohio.gov/static/publicorders/Directors-Stay-Safe-Ohio-Order.pdf. This new order directs employers to require their employees to wear masks (with certain limited exceptions) and recommends changes to shifts, break times, and use of break rooms as a means to limit the spread of the virus. These workplace developments raise a number of potential concerns regarding wage and hour issues, reasonable accommodation, employee medical information, and off-duty conduct policies.
Posted by
Russell T. Rendall & Jeffrey C. Miller
Client Alert
Essential Businesses in Ohio: Today’s Announcements Apply to You
April 27, 2020
Governor DeWine announced the “Responsible Restart Ohio” program this afternoon to set the stage for reopening certain areas of the Ohio economy. Matt Heinle and Jeff Miller posted on the overall requirements today. While the announcement and our post focused on reopening certain businesses, the mandatory requirements and recommendations apply to ALL businesses, including those which had been open and operating as an Essential Business.
Posted by
Ashley B. Watson & Jeffrey C. Miller
Client Alert
How Do I Pay Employees for COVID-19 Telework?
April 20, 2020
Even as stay-at-home and isolation orders are slowly lifted, employers will continue to have employees teleworking due to the COVID-19 / coronavirus pandemic.
Posted by
Adam D. Fuller
Client Alert
Returning to Work: Forecasting the New Normal in Business
April 16, 2020
We cannot predict when businesses will reopen across the county. As we publish this Alert, dynamic business leaders are cooperating in comprehensive efforts to create safe work environments so that they can all re-engage the workforce. However, we can predict the new normal in business. Some important studies were published yesterday, and the new normal in business will be facemasks for all employees, and probably all business visitors.
Posted by
Jeffrey C. Miller
Client Alert
Essential Businesses during COVID-19: Identification and Operation FAQs
April 14, 2020
During the COVID-19 pandemic, the ability to classify your business as “essential” could be the key to its survival. Almost every state in the United States has imposed a “stay-at-home” or “shelter-in-place” order that restricts the types of businesses that can remain open. In fact, as of the writing of this alert, there are only seven states that have not imposed state-wide restrictions on which businesses can stay open during the Coronavirus pandemic and even those states have individual cities and counties that have imposed stricter orders. However, these orders are not always clear, and interpretation is often left to the individual business. This alert will answer some of the most common questions about essential businesses.
Posted by
Ashley B. Watson and BMD Employment & Labor Team
Client Alert
Paid Leave for Coronavirus: Department of Labor Issues Its Temporary FFCRA Rule
April 8, 2020
The Department of Labor issued its Temporary Rules under the Families First Coronavirus Response Act (FFCRA) pertaining to the Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family and Medical Leave Expansion Act (EFMLEA). The rule became operational on April 1, 2020 and was officially published on April 6, 2020.
Posted by
Russell T. Rendall