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2020 Blog Archives

    • TAKING EMPLOYEES’ TEMPERATURES

      TAKING EMPLOYEES’ TEMPERATURES

       

      This is the first in a series of our blogs about coronavirus issues.

      We have received several inquiries about whether employers may take employees’ temperatures to determine if they have the coronavirus. The Americans with Disabilities Act (ADA) prohibits employers from making medical inquiries of employees or requiring medical examinations unless they are job related and consistent with business necessity.  The EEOC has now issued guidance on this subject. 

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    • NEW VIRGINIA LEGISLATION TO RECTIFY INDEPENDENT CONTRACTOR MISCLASSIFICATION

      Classifying a worker as an “independent contractor” rather than an employee is attractive to employers for several reasons. Whereas employees have taxes withheld from their paychecks and have legal protections such as the minimum wage law, unemployment benefits, and workers’ compensation insurance, independent contractors are considered to be self-employed. As such, independent contractors are responsible for paying their own taxes and benefits such as health insurance expenses and for setting their own work schedules.

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    • HOLIDAYS AND FMLA LEAVE

      HOLIDAYS AND FMLA LEAVE

      Employers are often confused about whether they may count a holiday against an employee's 12 week Family and Medical Leave Act (FMLA) entitlement. The U.S. Department of Labor has issued guidance on this subject. As explained in the DOL's FMLA Fact Sheet #28I, when a holiday falls during a week in which an employee is taking the full week of FMLA leave, the entire week is counted as FMLA leave.

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