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DOL Publishes Model COBRA Notices and Premium Assistance Guidance
Category: Employment, Health Care, Insurance Regulatory
On April 7, 2021, the U.S. Department of Labor (DOL) posted model COBRA notices and issued FAQ guidance addressing the recently-enacted COBRA coverage subsidy. The FAQ guidance specifies that individuals may be eligible for premium subsidies from April 1, 2021 to September 30, 2021, if they are…
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Injured Workers Cannot Use the Declaratory Judgment Act to Avoid Exclusive Jurisdiction in the Workers' Compensation Commission
Category: Appellate Law, Employment, Litigation
The Arkansas Supreme Court recently handed down an opinion that should reassure employers dealing with an incident involving a workplace injury. The Court affirmed that disputes over such injuries belong in the Workers’ Compensation Commission (“Commission”) and that an employee may not utilize the…
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Can an Employer Require its Employees to Get the Covid-19 Vaccine?
Category: Coronavirus (COVID-19), Employment
Yes, but there is a right and wrong way to go about it. And of course, there are exceptions. But more importantly, while an employer can institute such a requirement, the better question to ask might be—should they? More on that below. The Rule: The Equal Employment Opportunity Commission (EEOC)…
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Legally speaking, working from home blurs line between ‘work' and ‘home'
Category: Coronavirus (COVID-19), Employment
The COVID-19 pandemic has forced businesses across Arkansas to transition from a traditional office environment to remote work. With flu season approaching and an increasing number of COVID-19 cases, many employers will continue to allow their employees to work from home for the foreseeable future…
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Company Defeats Alleged Whistleblower Bringing Claim Under Obscure Whistleblowing Law
Category: Appellate Law, Eighth Circuit Appellate , Employment, Litigation
Companies generally know that certain whistleblowing activities are protected. But this protection is not absolute, and not everything that employees think is whistleblowing actually meets the legal definition necessary for protection. Deciding what is protected activity and what is not can be a…
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