The Workplace Report with Ancel Glink

Throughout the pandemic, the EEOC has maintained a list of frequently asked questions for employers regarding Coronavirus-related issues. The FAQs are informative, and I suggest that employers take a look at them, which they can do by clicking here . Last week the EEOC updated some of the FAQs, and I have highlighted a few of those updates below: Employers Can Require Employees to Take a COVID-19 Test Employers can require any employee to take a COVID-19 test before entering the workplace. The Americans with Disabilities Act (ADA) requires any mandatory medical test to be “job-related and consistent with business necessity” and in the EEOC’s opinion, COVID-19 tests fall into this category because the virus poses a direct threat to the health of others. If an employee refuses to get tested he or she can be barred from entering the workplace. Employers cannot require teleworking employees to take a COVID test absent special circumstances. Employers can also ask employees entering the wo...

As we discussed last year , the Workplace Transparency Ac t requires employers to report adverse judgments and negative rulings related to sexual harassment to the Illinois Department of Human Rights. The first reporting period runs from January 1, 2019, to December 31, 2019, and the report must be filed by October 31, 2020. Next year the reporting deadline will be July 1, as it will be each year after that. You can download this form (to access, click here ) to report any adverse judgments or negative rulings, and either mail it to the Illinois Department of Human Rights or email it ( IDHR.Section2-108@Illinois.gov ). Here is a list of FAQs for employers published by the Department of Human Rights about this reporting. The reporting requirement applies to all employers. An adverse judgment or negative ruling related to sexual harassment is a final, non-appealable judgment or administrative ruling entered in favor of the employee and against the employer. The adverse judgment or admi...

With the temporary deferral of most employees’ portion of the Social Security payroll tax set to begin yesterday, employers had been hoping for guidance from the Treasury Department on compliance, Late Friday,  that guidance came , but some would say in true IRS fashion it is clear as mud. To recap, President Trump issued an Executive Memorandum (not an Order) on August 8th which directed the Treasury Department to issue guidance fulfilling his intention to temporarily suspend the withholding of that portion of the Social Security payroll tax attributable to employees who earn less than $4,000 in a bi-weekly payroll period (roughly $104,000 annually). The obligation to pay the Social Security tax is not forgiven, just postponed until next year.  This raised many questions, such as may the employer continue to withhold the tax and hold it for payment next year; may employees opt out of the deferral; what if an employee leaves employment between now and when the tax is due; is e...