New COVID-19-Related Stimulus
|
12/22/2020
Congress
has
passed,
and
President
Trump
is
expected
to
sign,
the
Consolidated
Appropriations
Act,
2021,
a
large
year-end
appropriations
bill
that
includes
COVID-19-related
stimulus
and
relief
provisions
in
several
key
areas,
including
the
PPP
loan
program,
paid
leave
tax
credits,
unemployment
benefits,
and
the
Provider
Relief
Fund.
Click
here
to
see
our
issue
alert
discussing
key
highlights
from
the
new
legislation.
|
|
EEOC Issues COVID-19 Guidance
|
12/17/2020
On
December
16,
the
EEOC
released
new
COVID-19
vaccine
guidance.
As
predicted,
the
new
guidance
generally
allows
employers
to
require
employees
to
receive
COVID-19
vaccines.
But,
as
the
EEOC
explained,
employers
that
require
employees
to
receive
COVID-19
vaccines
must
make
exceptions
for
disabilities
and
sincerely
held
religious
beliefs,
in
accordance
with
the
Americans
with
Disabilities
Act
and
Title
VII
of
the
Civil
Rights
Act
of
1964.
Here
are
some
highlights
from
the
new
EEOC
guidance:
- Employers
may
ask
an
employee
for
proof
that
he
or
she
received
a
COVID-19
vaccine.
But
more
probing
follow-up
questions
to
an
unvaccinated
employee
“may
elicit
information
about
a
disability
and
would
be
subject
to
the
pertinent
ADA
standard
that
they
be
‘job-related
and
consistent
with
business
necessity.’”
- If
an
employer
requires
all
employees
to
receive
a
COVID-19
vaccine,
and
an
employee
is
unable
to
receive
one
because
of
a
disability,
the
employer
must
show
that
an
unvaccinated
employee
would
pose
a
direct
threat
of
“significant
harm
to
the
health
or
safety
of
the
individual
or
others
that
cannot
be
eliminated
or
reduced
by
reasonable
accommodation.”
- The
following
four
factors
are
used
to
determine
whether
a
direct
threat
exists:
“the
duration
of
the
risk;
the
nature
and
severity
of
the
potential
harm;
the
likelihood
that
the
potential
harm
will
occur;
and
the
imminence
of
the
potential
harm.”
The
EEOC
notes
that
Continue Reading...
|
|
Judging the Sincerity of Religious Beliefs
|
12/17/2020
In
many
situations,
the
question
of
whether
an
employee’s
request
for
a
religious
accommodation
is
tied
to
sincere
religious
beliefs
is
not
at
issue.
Instead,
employers
simply
need
to
assess
whether
they
can
provide
the
accommodation
without
causing
an
undue
hardship.
Where
an
employer
does
question
whether
the
employee
sincerely
holds
those
beliefs—an
issue
that
might
arise
if
an
employee
asserts
a
dubious
religious
objection
to
the
COVID
vaccine—it
should
look
to
the
EEOC’s
long-standing
guidance
on
the
level
of
inquiry
it
can
make.
What
are
“religious”
beliefs
and
practices?
According
to
the
EEOC,
religious
practices
include
the
“moral
or
ethical
beliefs
as
to
what
is
right
and
wrong
which
are
sincerely
held
with
the
strength
of
traditional
religious
views.”
Religion
typically
concerns
“ultimate
ideas”
about
“life,
purpose,
and
death.”
The
EEOC
does
not
protect
beliefs
merely
because
they
are
strongly
held.
Whether
a
practice
is
religious
depends
on
the
employee’s
motivation.
Social,
political,
or
economic
philosophies,
as
well
as
personal
preferences,
are
not
protected
as
religious
beliefs
under
Title
VII.
The
EEOC
does
grant
employees
the
benefit
of
the
doubt.
Employers
should
not
dismiss
the
beliefs
simply
because
the
employee’s
practices
deviate
from
the
exact
tenants
of
a
religion,
or
because
few
or
no
people
adhere
to
those
religious
beliefs.
The
EEOC
cautions
employers
that
Continue Reading...
|
|
Baby, It's COVID Outside: How to Return to Work Safely After the Holidays
|
12/11/2020
You
know
it’s
the
holiday
season
when
the
kids
come
home
from
college,
the
Griswolds
take
vacation,
and
Santa
Claus
comes
to
town.
But
for
many,
the
most
wonderful
time
of
the
year
has
become
a
cause
for
concern.
With
COVID-19
cases
on
the
rise
and
family
gatherings
inevitable,
you
may
be
worried
the
virus
will
spread
in
your
workplace
faster
than
holiday
cheer.
Don’t
have
a
blue
Christmas—plan
now
to
keep
your
workplace
safe
this
season
by
revisiting
your
COVID-19
policies.
Review
the
Updated
CDC
Guidelines
As
the
medical
community
learns
more
about
COVID-19,
the
CDC
continues
to
update
its
guidance.
For
example,
the
CDC
recently
expanded
the
definition
of
a
“close
contact”
to
include
more
brief
encounters.
Before,
“close
contact”
was
defined
as
being
within
six
feet
of
a
confirmed
positive
COVID-19
case
for
15
consecutive
minutes
or
more.
Now,
“close
contact”
is
defined
as
being
within
six
feet
of
a
confirmed
positive
case
for
a
total
of
15
minutes
(see
“Updated
Definition
of
‘Close
Contact’”
elsewhere
in
this
blog).
The
CDC
also
shortened
the
recommended
length
of
quarantine
time
after
exposure.
Until
recently,
the
CDC
advised
that
individuals
in
close
contact
with
a
confirmed
COVID-19
case
should
quarantine
for
14
days.
Though
14
days
is
still
the
gold-standard,
the
CDC
now
says
that
individuals
who
do
not
develop
symptoms
may
end
their
quarantine
after
just
10
days,
or
even
seven
days
if
they
test
negative.
Employers
should
also
be
careful
to
review
the
latest
guidelines
issued
by
their
state
and
local
Continue Reading...
|
|
Promises, Promises, Promises: The Perils of the Christmas Bonus
|
12/7/2020
While
we
may
all
look
back
and
laugh
at
Clark
Griswold
from
National
Lampoon’s
Christmas
Vacation
and
his
meltdown
from
not
receiving
a
Christmas
bonus,
that
may
be
a
very
real
scenario
for
many
employees
this
year
following
the
struggles
the
COVID-19
pandemic
brought
to
most
employers.
Although
canceling
employee
bonuses
is
a
great
setup
for
a
comedy,
year-end
bonuses
can
lead
to
legal
snags
that
are
no
laughing
matter
for
employers.
Under
Kansas
wage
payment
laws
and
general
principles
of
contract
law,
employers
are
legally
obligated
to
pay
bonuses
when
employees
meet
the
requirements
to
become
eligible
for
and
earn
them.
Simply
put,
employers
must
own
up
to
promises
they
make
to
employees
about
pay.
For
example,
if
you
tell
employees
at
the
beginning
of
the
year
that
you
will
pay
them
a
holiday
bonus
of
a
set
amount
at
the
end
of
the
year,
you
must
pay
the
bonus
to
employees
whose
employment
continues
throughout
the
year.
However,
a
past
practice
of
giving
discretionary
Christmas
bonuses
does
not
give
rise
to
a
legal
obligation
to
pay
bonuses
of
a
particular
amount,
or
at
all,
in
subsequent
years.
That
seems
simple
enough.
But,
employers
can
unwittingly
create
a
legal
obligation
if
they
include
a
Christmas
bonus
in
an
itemized
list
of
compensation
and
benefits
in
an
offer
letter
or
annual
compensation
statement.
Year-end
bonuses
based
on
individual,
department,
or
company
productivity
goals
or
profits
can
also
create
legal
headaches.
The
key
is
to
have
clear,
well-written
bonus
policies
that
pass
legal
muster.
Continue Reading...
|
|
Foulston Ranked in 2021 "Best Law Firms"
|
12/02/2020
Foulston
Siefkin
LLP
has
earned
Tier
1
regional
recognition
in
the
2021 U.S.
News
-
Best
Lawyers® "Best
Law
Firms"
list
in
39
practice
areas,
including:
Employee
Benefits
(ERISA)
Law;
Employment
Law
–
Management;
Labor
Law
–
Management;
and
Litigation
-
Labor
&
Employment.
According
to U.S.
News
and
World
Report
and
Best
Lawyers®,
firms
included
in
the
2021
"Best
Law
Firms"
list
are
recognized
for
“professional
excellence
with
persistently
impressive
ratings
from
clients
and
peers.”
Achieving
a
tiered
ranking
signals
“a
unique
combination
of
quality
law
practice
and
breadth
of
legal
expertise.”
|
|
Weather and Work: Save This for a Rainy (or Snowy) Day
|
11/19/2020
Inclement
weather
is
a
perfect
storm
for
unusual
employment
law
issues.
If
the
forecast
predicts
bad
weather
(and
in
the
Midwest,
we
know
it’s
just
a
matter
of
time!),
read
this
article
to
make
sure
your
inclement
weather
policies
and
practices
are
right
as
rain.
Should
my
business
have
an
inclement
weather
policy?
Yes!
It
is
helpful
for
both
the
company
and
your
employees
to
have
a
written
policy
outlining
clear
expectations
in
the
event
of
inclement
weather.
Consider
adopting
policies
that
explain
what
employees
can
expect
if
you
have
to
close
your
business
for
a
full
or
partial
day,
how
you
will
notify
employees
of
weather-related
closures,
who
will
make
the
decision
to
close
the
business
in
the
event
of
inclement
weather
or
another
emergency,
and
whether
employees
will
be
paid
for
their
time
off.
(Keep
reading
if
you
don’t
have
the
foggiest
idea
about
whether
to
pay
those
employees.)
You
may
also
want
to
inform
employees
who
they
should
call
if
they
cannot
safely
come
to
work
because
of
the
weather.
Your
inclement
weather
policy
can
also
provide
safety
information
for
employees.
For
example,
if
you
work
in
an
office
building
that
has
a
tornado
shelter,
inform
your
employees
of
its
location
so
they
will
be
prepared
when
tornado
season
arrives.
Inclement
weather
can
arise
quickly,
so
having
a
plan
in
place
is
crucial
so
your
employees
aren’t
left
high
and
dry.
An
employment
attorney
can
help
your
business
develop
an
inclement
weather
Continue Reading...
|
|
Remembering Jay Rector
|
11/11/2020
“Work
hard,
treat
each
day
as
a
gift,
be
humble,
and
try
to
have
some
fun
along
the
way.”
This
was
Jay
Rector’s
advice
to
new
lawyers.
And
it
was
more
than
lip
service;
it
was
how
he
lived
his
life.
Sadly,
that
life
ended
too
soon
on
September
7,
2020,
when
Jay
died
unexpectedly
of
a
heart
attack
at
the
age
of
61.
Many
of
our
readers
knew
Jay,
so
we
wanted
to
share
this
tribute
to
him
in
our
Blog.
Growing
up
with
six
siblings
in
the
small
town
of
Vinton,
Iowa,
Jay
learned
to
work
hard
at
an
early
age.
He
attended
Iowa
State
University,
where
he
worked
harder
at
having
fun
than
in
classes.
After
graduating
with
a
degree
in
industrial
administration,
he
entered
the
workforce
and
spent
five
years
with
Phillips
Petroleum
in
Bartlesville,
Oklahoma.

Seeking
a
new
challenge,
Jay
went
back
to
school
and
pursued
a
law
degree
at
the
University
of
Iowa,
where
he
did
work
hard.
He
graduated
near
the
top
of
his
class
in
1989.
Through
serendipity,
Jay
took
a
job
at
Foulston
in
Wichita,
where
he
became
a
partner
and
practiced
for
his
entire
legal
career.
Jay
loved
being
a
lawyer.
It
was
not
just
a
job;
it
was
his
identity.
As
a
labor
and
employment
lawyer,
Jay
represented
some
of
the
largest
employers
in
Kansas.
He
received
numerous
recognitions
as
a
top
attorney
in
his
practice
area.
Jay
particularly
enjoyed
working
collaboratively
Continue Reading...
|
|
Kansas Voting Leave Law 101
|
09/30/2020
With
elections
looming
on
November
3,
it
is
important
for
employers
to
prepare
for
leave
requests
associated
with
voting.
Federal
law
does
not
require
employers
to
provide
leave
to
vote,
but
most
states
do,
especially
when
work
hours
do
not
allow
sufficient
time
to
vote
while
the
polls
are
open.
Laws
also
vary
between
states
on
the
amount
of
time,
whether
notice
is
required,
whether
the
time
is
paid,
and
whether
the
employer
can
dictate
which
hours
the
employee
may
take
leave
to
vote.
In
Kansas,
employees
are
entitled
to
two
consecutive
hours
of
paid
time
to
vote.
However,
outside
the
lunch
break,
employers
may
specify
when
the
two-hour
period
may
be
taken
and
can
require
that
the
two-hour
period
be
taken
prior
to
or
after
an
employee’s
regular
working
hours.
For
example,
if
the
polls
are
open
from
7:00
am
to
7:00
pm
and
the
employee’s
scheduled
shift
is
from
8:00
am
to
5:00
pm,
the
employer
does
not
have
to
provide
paid
leave
because
the
employee
has
two
consecutive
hours
after
work
to
vote.
Any
employer
who
intentionally
obstructs
an
employee
from
voting
or
imposes
a
penalty
on
an
employee
who
takes
leave
to
vote
is
subject
to
a
class
A
misdemeanor.
One
developing
area
of
voting
leave
law
is
how
employers
handle
the
greater
flexibility
in
voting.
If
the
employee
has
the
option
to
vote
in
advance
or
by
mail,
does
the
employee
still
qualify
for
leave?
Kansas
has
not
yet
addressed
this
question,
but
Continue Reading...
|
|
Fraudsters Target Kansas Unemployment Benefits
|
09/29/2020
Before
2020,
the
record
for
most
fraudulent
unemployment
claims
filed
in
a
year
in
Kansas
was
seven.
That
record
has
been
shattered.
This
year
the
Kansas
Department
of
Labor
(KDOL)
has
already
uncovered
more
than
45,000
fraudulent
unemployment
claims.
And
we
still
have
three
months
to
go!
The
scheme
primarily
targeted
expanded
unemployment
programs
created
by
the
Coronavirus
Aid,
Relief,
and
Economic
Security
(CARES)
Act
in
the
wake
of
the
COVID-19
pandemic.
The
CARES
Act
expanded
unemployment
benefits
to
people
traditionally
unable
to
qualify,
such
as
the
self-employed
and
independent
contractors.
The
fraudulent
scheme
has
caused
significant
payment
delays
to
Kansas
families.
Fraudsters
used
victims’
personal
information
to
file
for
unemployment
benefits.
According
to
the
U.S.
Department
of
Justice,
most
victims
had
their
information
exposed
in
a
mass
data
breach.
Other
victims
were
victims
of
prior
identity
theft.
Many
victims
did
not
learn
of
the
fraud
until
the
KDOL
denied
their
claims
as
duplicative.
The
KDOL
also
discovered
fraudulent
claims
after
employers
confronted
employees
for
filing
an
unemployment
claim
while
still
being
employed.
Kansas
isn’t
unique
in
this
regard,
as
a
nationwide
investigation
uncovered
similar
attacks
in
other
states.
The
U.S.
Department
of
Labor
estimates
fraudsters
have
filed
$8
billion
in
fraudulent
unemployment
claims
so
far
this
year
in
the
United
States.
It
is
important
that
employers
pay
attention
to
each
unemployment
claim
to
curb
additional
fraud.
Employers
can
report
suspected
unemployment
fraud
at
www.reportfraud.ks.gov.
|
|
Meet Emily Matta
|
09/25/2020
Emily
Matta
is
the
newest
addition
to
Foulston’s
labor
and
employment
law
team.
She
grew
up
in
Wichita,
where
her
parents
owned
a
restaurant.
Emily
received
her
bachelor’s
degree
from
Wichita
State
University
and
graduated
from
the
University
of
Kansas
School
of
Law.
Her
parents’
restaurant
had
an
unmistakable
impact
on
her
career
path.
“The
restaurant
opened
when
I
was
10
years
old,
and
I
worked
there
every
weekend
until
I
graduated
from
Wichita
State,”
Emily
says.
“Over
the
years,
I
worked
in
every
job
we
had
–
dishwasher,
hostess,
server,
bartender,
cook,
and
manager.”
Emily
misses
the
family
business,
especially
the
food,
but
is
grateful
for
the
opportunity
to
help
other
employers
navigate
the
same
laws
that
caused
her
parents
so
many
headaches.
“I’m
looking
forward
to
making
meaningful
connections
with
clients
and
becoming
intimately
acquainted
with
the
ins-and-outs
of
their
businesses.”
Emily
loves
all
things
Kansas.
She
enthuses,
“I’ve
been
to
almost
every
corner
of
the
state
and
have
a
running
list
of
lesser-known
roadside
attractions
and
historic
sites
I’d
like
to
visit.”
Most
recently,
she
took
a
trip
to
western
Kansas
to
see
Monument
Rocks
and
Little
Jerusalem
State
Park.
Learn
more
about
Emily's
practice
here.
|
|
EEOC Updates COVID-19 Guidance for COVID-19 Testing and ADA Accommodations
|
09/22/2020
On
September
8,
the
EEOC
updated
its
guidance
with
respect
to
what
employers
should
know
about
COVID-19,
the
ADA
Rehabilitation
Act,
and
other
EEO
laws.
Generally,
the
updates
act
to
clarify
previously
taken
positions
of
the
EEOC.
Two
of
the
important
clarifications
involve
the
EEOC’s
position
on
administering
COVID-19
tests
to
employees,
and
an
employers’
ability
to
invite
employees
to
request
disability
accommodations.
- Employers
are
still
able
to
administer
COVID-19
tests
if
they
are
accurate
and
reliable,
but
the
EEOC
notes
the
consideration
of
false
positives
and
negatives.
The
EEOC
also
added
the
disclaimer
that
a
negative
test
result
does
not
mean
the
employee
won’t
contract
COVID-19,
and
employers
should
continue
requiring
social
distancing
measures.
- Many
employers
are
still
operating
from
home.
In
preparation
for
returning
to
the
physical
workplace,
the
EEOC
allows
employers
to
invite
employees
to
submit
requests
for
disability
accommodations
in
advance
of
their
return.
This
would
simply
start
the
interactive
process.
Those
employees
who
do
not
request
an
accommodation
in
advance
would
not
be
barred
from
later
asking.
|
|
WARNing: Pandemic-Related Layoffs Could Bring WARN Act-Related Risks for Employers
|
09/18/2020
Foulston
partner
Tara
Eberline
was
recently
interviewed
by
the
Kansas
City
Business
Journal
about
pandemic-related
layoffs
and
potential
legal
risks
for
employers
under
the
provisions
of
the
WARN
Act.
If
your
company
meets
the
particular
criteria,
the
Act
requires
a
60-day
notice
for
worksite
closings
and
mass
layoffs
…
with
some
exceptions.
Read
the
full
article
in
the
Kansas
City
Business
Journal
here.
(NOTE:
Paywalled,
but
guests
may
access.)
|
|
Employers Hit with FFCRA Lawsuits
|
09/16/2020
Through
the
end
of
August
there
were
at
least
72
lawsuits
filed
against
employers
alleging
violations
of
the
Families
First
Coronavirus
Response
Act
(FFCRA).
In
most
of
these
cases,
employees
allege
they
were
unlawfully
fired
after
they
contracted
the
virus
or
requested
leave
for
one
of
the
reasons
protected
by
the
FFCRA.
In
a
few
cases,
employees
say
they
were
granted
leave,
but
it
was
unpaid,
and
thus
seek
payment
and
other
damages.
As
a
refresher,
the
FFCRA
requires
certain
employers
with
fewer
than
500
employees
to
provide
their
employees
with
paid
sick
leave
and
expanded
family
and
medical
leave
for
specified
reasons
related
to
COVID-19,
which
are
subject
to
a
corresponding
tax
credit.
Generally
speaking,
and
subject
to
certain
exceptions,
employers
covered
under
the
Act
must
provide
employees
up
to
two
weeks
(80
hours
or
a
part-time
employee’s
two-week
equivalent)
of
paid
sick
leave,
at
full
pay
(up
to
a
$511
per
day)
if
they
are
subject
to
a
quarantine
order
related
to
COVID-19,
have
been
advised
by
a
healthcare
provider
to
self-quarantine
related
to
COVID-19,
or
are
experiencing
symptoms
related
to
COVID-19.
The
Act
also
provides
for
up
to
two
weeks
of
paid
sick
leave
at
two-thirds
pay
(up
to
$200
per
day)
to
employees
if
they
are
caring
for
an
individual
who
is
subject
to
a
quarantine
order
or
has
been
advised
by
a
healthcare
provider
to
self-quarantine,
and
up
to
12
weeks
of
paid
sick
leave
and
expanded
FMLA
leave
at
two-thirds
pay
(up
to
Continue Reading...
|
|
Foulston Presents: HR Training Series Webinars
|
09/15/2020
Join
us
this
fall
for
the
same
HR
Training
Series
you
know
and
love
–
now
in
a
virtual
format!
Foulston
hosts
these
webinars
for
HR
professionals,
managers,
and
business
owners
in
all
industries
across
the
region.
Each
session
addresses
HR
issues
that
are
important
and
relevant
to
employers.
HRCI,
SHRM,
and
CLE
credit
will
be
requested
for
webinar
participants;
just
check
the
certification
details
at
foulston.com/hrtraining.
Session
Topics:
View
the
full
series
schedule
with
topic
descriptions
here.
|
|
|
Editors
Don Berner, the Labor Law, OSHA, & Immigration Law Guy
Boyd Byers, the General Employment Law Guy
Jason Lacey, the Employee Benefits Guy
Additional Sources

|