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Dec 2020Employment Law Update: Can Employers Require COVID-19 Vaccinations?
With the U.S. Food and Drug Administration (“FDA”) issuing the first emergency use authorization for a COVID-19 vaccine, employers are scrambling to determine whether they can legally require their workers to take the vaccine amid the nationwide surge in COVID-19 cases. Yesterday, the Equal Employment Opportunity Commission (“EEOC”) updated its COVID-19 guidance to provide employers with a road map detailing the steps businesses must take...
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Jul 2020The Supreme Court Holds That Catholic School Teachers are “Ministers” and Cannot Bring Employment Discrimination Claims
By Luis F. Calvo On July 8, 2020, the U.S. Supreme Court issued a 7-2 decision holding that Catholic schoolteachers cannot bring employment discrimination claims against the religious institutions that employ them. The Court reached its decision citing the so-called “ministerial exception,” based on the First Amendment’s protection of the rights of religious institutions “to decide for themselves, free from state interference, matters of church...
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Jun 2020The Supreme Court Extends Title VII Protections to LGBTQ Employees
By Luis F. Calvo On June 15, 2020, the U.S. Supreme Court issued a landmark 6-3 decision extending Title VII of the Civil Rights Act of 1964’s prohibitions against discriminations “because of sex” to gay, lesbian, and transgender employees. As a result, “[a]n employer who fires an individual merely for being gay or transgender” violates Title VII. The Supreme Court issued a single decision...
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Mar 2020How to Receive Employer Tax Credit for Paid Sick Leave During Coronavirus
Written by David S. Hansen Among the early stimulus/relief measures that the U.S. government passed earlier this month was a refundable tax credit for paid sick leave paid by certain employers under specified conditions. The IRS recently released some guidance regarding how employers receive credit here: https://www.irs.gov/newsroom/treasury-irs-and-labor-announce-plan-to-implement-coronavirus-related-paid-leave-for-workers-and-tax-credits-for-small-and-midsize-businesses-to-swiftly-recover-the-cost-of-providing-coronavirus The pertinent section telling employers how to receive the credit and how much of a credit is here:...
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