C&W Journal

July 09, 2021

NAVIGATING COVID-19 VACCINATIONS IN THE WORKPLACE

In December, we discussed COVID-19 vaccinations in our article titled “ EEOC Issues New Guidance Regarding COVID-19 Vaccine Mandates in the Workplace .”  We recently reviewed the topic of COVID-19 vaccinations and would like to provide...

June 17, 2021

PEOs and Coverage for Non-Leased Employees

A Professional Employer Organization (PEO) is a company that enters into a contractual joint-employment relationship with an employer (the “client employer”) by leasing employees to the client employer, with the PEO taking on certain responsibilities...

June 08, 2021

CANNABIS USE: EMPLOYERS SHOULD UPDATE THEIR COMPANY HANDBOOK

Laws surrounding cannabis are anything but uniform.  At the federal level, cannabis is a controlled substance for both adult-use and medicinal purposes.  However, states have begun taking a far more progressive approach to cannabis legalization. ...

May 25, 2021

Expanded Protection Under Title VII: Revisiting Company Policies...

It has been nearly a year since the United States Supreme Court held in its June 2020 landmark case Bostock v. Clayton County, Georgia that harassment and discrimination based on gender identity, gender expression, and sexual orientation is...

May 15, 2021

COVID-19: New CDC Mask Guidance for Vaccinated Individuals and...

On May 13, 2021, the CDC issued new guidance for vaccinated individuals to cease wearing a face mask and socially distance, even while indoor public spaces.  Some states, including Pennsylvania, have now adjusted their state guidance accordingly. ...

May 14, 2021

ALERT: FMCSA has issued a Regional Emergency Declaration in...

On May 7, 2021, the corporate computer system of the Colonial Pipeline Company, which supplies 45% of the East Coast’s fuel, was hit with ransomware, leading to a shutdown all pipeline operations.  In an effort to mitigate spikes in fuel prices, the...

April 22, 2021

Congress Presses Federal Legalization of Cannabis

On Monday, April 19, 2021, the U.S. House of Representatives approved legislation known as the SAFE Banking Act, which would allow FDIC-backed banks to provide financial lending services to cannabis companies and entrepreneurs that operate in states...

April 12, 2021

West Virginia Appellate Reorganization Act

             On April 9, 2021, Governor Justice signed the West Virginia Appellate Reorganization Act, which establishes an Intermediate Court of Appeals in West Virginia. The establishment of the intermediate court will have a significant impact on...

April 12, 2021

Non-Compete Agreements Remain Enforceable in Georgia

Properly drafted non-compete agreements, signed after May 2011, are enforceable in the State of Georgia.  In fact, the laws governing the enforceability of non-compete agreements are favorable for businesses in the state. The key to enforceability is...

March 19, 2021

COVID-19: New Stimulus Package Provides Modification and Voluntary...

Within the 1.9 Trillion dollar stimulus package is the American Rescue Plan Act of 2021 (ARPA).  This Act serves to extend the tax credits available to eligible employers under the Families First Coronavirus Response Act (FFCRA) through September 30,...

February 22, 2021

New Jersey Legalizes Adult Use Cannabis

Today, Gov. Phil Murphy signed three bills that legalize possession of up to six ounces of adult use Cannabis in the Garden State.  As part of the passage, the New Jersey state Senate and Assembly held a last-minute vote this morning on a bill that...

February 19, 2021

New Guidance for IME's in West Virginia

On February 3, 2021, West Virginia Insurance Commissioner, James Doddrill, issued Insurance Bulletin  No. 21-03 titled “Physical Examinations of Workers Compensation Claimants”.  The Bulletin provides guidance for the renaming of independent medical...

February 10, 2021

OSHA Guidance for COVID-19 Vaccinated Employees

OSHA has now released updated guidance seeking to assist employers identify COVID-19 related risks and to operate a prevention program.  While it is primarily consistent with previously-issued guidance, a key new feature is a section with...

January 27, 2021

Termination Based on No-Fault Leave Policy

Can an employer terminate an employee who exceeds the maximum medical leave?  Many employers seek to employ a Maximum Leave of Absence Policy to establish boundaries for employees on extended leave.  However, employers should tread carefully.  The...

January 22, 2021

New Guidance for WV Workers’ Compensation Claims for COVID-19

On January 19, 2021, the West Virginia Insurance Commissioner, James Doddrill, issued Insurance Bulletin No. 21-01 titled “Workers’ Compensation Claims for COVID-19.”  The Bulletin provides guidance for the filing and processing of workers’...

January 04, 2021

COVID-19: Expiration of the FFCRA/Extension of the Payroll Tax Credit

When the Families First Coronavirus Response Act (FFCRA) was signed into law on March 18, 2020, its requirement for employers to provide paid leave to employees affected by COVID-19 was set to expire on December 31, 2020.  While it was thought that...

December 29, 2020

New Jersey Supreme Court Highlights Pitfalls in Fee Agreement...

On December 21, 2020, the New Jersey Supreme Court issued an opinion that invalidated an arbitration clause in a written fee agreement between a law firm and its client.  In doing so, the Supreme Court provided additional direction and guidance on how...

December 23, 2020

Staying Compliant with Title VII: LGBTQ as a Protected Class

In June of 2020, the Supreme Court held in its landmark case Bostock v. Clayton County, Georgia that “harassment and discrimination based on gender identity, gender expression, and sexual orientation is unlawful sex discrimination.”  Gender...

December 22, 2020

EEOC Issues New Guidance Regarding COVID-19 Vaccine Mandates in the...

Over the last several weeks, there has been no shortage of news coverage regarding the FDA’s emergency use authorization of one, and now two, COVID-19 vaccines.  With medical personnel first to receive “shots in the arm” and now the announcement of...

December 21, 2020

COVID-19: Updated Pennsylvania Mitigation Orders and Potential...

The rate of COVID-19 infection is currently at an all-time high, with over 200,000 new cases daily in the United States (with concerns that these numbers will only increase throughout the coming winter).  In response, many states, including...

December 18, 2020

COVID-19: FMCSA Extends Expanded Emergency Declaration through...

On December 1, 2020, The Federal Motor Carrier Safety Administration (FMCSA) expanded and extended the modified Emergency Declaration No. 2020-002, which had been set to expire on December 31, 2020.  The expansion and extension of the Emergency...

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