The COVID-19 pandemic has altered the way we, as a society, operate in our daily lives. Sheriffs and their leadership have been especially affected due to the challenges operating a detention facility presents during the pandemic. Jails around the country have attempted multiple strategies to protect the inmate population, including isolation, testing, and early release…
Question: What kind of documentation can an employer request of an employee seeking sick pay or pay to care for a child under EPSLA or EFMLEA? Answer: An employee must provide documentation in support of paid sick leave or expanded family and medical leave. As provided in § 826.100, such documentation must include a signed statement…
Registered representatives seeking to expunge customer dispute information from the Central Registration Depository system (“CRD”) will likely be required to pay increased FINRA filing and hearing fees in the near future.[1] With Proposed Rule Change 2020-005, FINRA seeks to amend Part IX of the FINRA Code of Arbitration Procedure for Customer Disputes and the Code…
Many companies carry business interruption insurance as a component of their first-party property insurance or as a freestanding policy. Such coverage protects against losses sustained during periods of suspended operation due to various events and damage. Although there is no doubt that operations and business has been suspended across countless industries in recent months, business…
Under The North Carolina Workers’ Compensation Act, an injured employee may seek a second opinion from a physician upon which the parties agree. N.C.G.S. § 97-25(b). Likewise, employers may request an Independent Medical Evaluation (IME) of the injured employee. N.C.G.S. § 97-27(a). In the wake of the COVID-19 pandemic, many medical providers that treat work-related…
Recent market volatility associated with COVID-19 has the potential to result in a large uptick in arbitration filings with the Financial Industry Regulatory Authority. Following a February to March decrease in the S&P 500 of over 34 percent and the recent historic dip in oil prices, investor confidence is understandably shaken. For broker-dealers and registered…
Question: Is the employer’s requirement of measured employee body temperatures permitted under the ADA? Answer: According to the EEOC’s March 18, 2020, memo, while recognizing this may qualify as a medical examination, the EEOC still offered guidance that the employer may measure the employee’s body temperate because the Center for Disease Control and Prevention has…
As we move into the second month of the COVID-19 pandemic, many attorneys and their clients are looking for guidance on how to adjust to the “new normal” while continuing to move cases forward. Recently, the North Carolina Association of Defense Attorneys (NCADA) and North Carolina Advocates for Justice (NCAJ) held a joint webinar to…
Are you an employer or insurance carrier with a multi-state or national presence? Do you just want to get a sense of how COVID-19 is affecting workers’ compensation laws in other parts of the country? If so, the National Workers’ Compensation Defense Network (NWCDN) has created a collaborative resource bank that includes infectious disease experts,…
Question: In order to protect its workforce, what can an employer ask an employee who calls in sick? Answer: On March 18, 2020, the EEOC published guidance for employers. During these unprecedented challenges, the EEOC explains what precautionary measures are permitted under the American with Disabilities Act. The EEOC was quick to point out that…