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Robert Gorman

Robert's Blogs

EEOC Updates Guidance on COVID-19 Antibody Testing

In an update to its technical assistance publication, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” the EEOC has taken the position that employers may not require employees to take a COVID-19 antibody test prior to re-entering the workplace.
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U.S. Supreme Court Recognizes Title VII Employment Protections for LGBTQ Workers

On Monday, June 15, in what will undoubtedly be recognized as a landmark ruling, the U.S. Supreme Court delivered a decision extending the protections of Title VII of the Civil Rights Act of 1964 to members of the LGBTQ community.
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Long-Awaited Title IX Regulations Are Finalized; Effective August 14

The United States Department of Education has released long-awaited new regulations governing campus sexual assault under Title IX, the law prohibiting sex discrimination at federally funded institutions. The new regulations are the culmination of a two-year process. Proposed regulations were published in 2018 and received more than 124,000 public comments. The Department of Education took those comments into consideration and modified the proposed regulations in putting forth its Final Rule. The Final Rule will be effective on August 14.
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Questions Persist Regarding “Essential Businesses” Under Stay at Home Order

Ohio's Stay at Home Order continues to raise questions as to the types of businesses that may remain open and the rules under which they must operate during the Ohio Order. It has become clear that authorities in different jurisdictions are taking differing approaches in responding to the Ohio Order. Our advice to businesses has three parts.
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Coronavirus Relief Bill Signed

On March 18, 2020, President Trump signed the Families First Coronavirus Response Act, which provides two significant benefits for employees and a corresponding tax credit for employers. The law will go into effect April 1, 2020, and will remain in effect until December 31, 2020. The law addresses emergency paid sick leave and emergency family medical leave.
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Hope is not a Strategy: Preparing Your Business for Coronavirus

As the world comes to grips with the Coronavirus (officially named COVID-19), employers are considering the potential impact upon their workplaces. Although Ohio has no confirmed cases of Coronavirus at this point, area employers have been affected by world-wide supply chains and restrictions on travel.
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Long Awaited Changes to DOL Overtime Rules Finalized

The U.S. Department of Labor (DOL) has finalized long-anticipated regulations regarding workplace pay for employees exempt from overtime requirements. The changes are expected to increase the compensation of more than one million U.S. workers.
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EEO-1 Component 2 Pay Data Portal Coming Online

EEO-1 Component 2 data (for calendar years 2017 AND 2018 only) is due by September 30, 2019. The data submission portal is nearly ready, and a static page, along with a wealth of information in the form of FAQs, is now available. The FAQ page includes information on filing requirements, summary compensation data, hours worked and confidentiality of data, among other topics.
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Not Quite the End of the Road on the EEO-1 Pay Data Reporting Litigation

The Equal Employment Opportunity Commission (EEOC) is set to begin the collection of W-2 wage information from mid-sized and large employers that includes total hours worked broken down by gender, race and ethnicity—known as “Component 2” data.
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I quit. Now can I have my vacation pay?

Employment attorneys are commonly asked whether a company is required to pay employees for unused vacation days when the workers leave. The answer is a definite "maybe."
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Social Media and the Workplace

A little over twenty years ago, on my first day of work as a lawyer, I learned how to use the Internet. Until that day, I had lived more than thirty years without it. Today's millennials learn the Internet from the cradle and can't imagine life without it.
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