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Many businesses across the country have been working to safely reopen their offices. From disinfecting desks to implementing social distancing guidelines, some employers are learning it still might not be enough to bring people back to their desks."There are people who have fears of returning back to work due to safety concerns. Maybe they might be at a higher risk due to a compromised immune system or someone else within their family so they have some concerns about returning. Some employees don’t want to return-- and some employees want to continue to work from home when they were able to do it during this period of COVID," says Amber Clayton, the Knowledge Center Director at the Society for Human Resource Management.Clayton says some reasons for an employee refusing to come back to the office are protected under law. For example, if the employee, or someone the employee lives with, has underlying health conditions that would make them at higher risk for being affected by COVID-19, or they're unable to return due to childcare reasons. Employment lawyers like Ruthie Goodboe agree, citing OSHA and the National Labor Relations Act."An analysis needs to be done by the employer to determine, ‘Am I able to separate that employee if they’re unwilling to return to work, am I required to do or take certain steps’ and then if I do that and they still don’t come to work, do I have a right to separate them," said Goodboe, an employment lawyer with Ogletree, Deakins, Nash Smoak & Stewart.Employers must also make sure they're following regulations under the Americans with Disabilities Act and Family Medical Leave Act."If employers are following guidance from the CDC and from OSHA and limiting their exposure in the workplace, that should be satisfactory. However, there may be times that someone may be infected in the workplace and that employer may be held liable depending on the situation," Clayton said.But for those employees who simply have a general fear of COVID and despite any accommodations the business is taking, still don't feel comfortable coming back to work, it may be a breaking point."There's no federal or state laws that I’m aware of that requires an employer to provide leave based on someone’s fear that they may contract some type of disease whether it’s COVID-19 or something else. But employers should, through their policies and practices, determine what they’ve done in the past and ensure they’re being consistent and fair in their policies," says Clayton.Perhaps the biggest key for employers and employees in getting through this is communication."Stay calm, take a breath and make sure you’re communicating well with your employees to get all of the information. Do you understand what all of their concerns are? Because once their concerns are understood, it may be easy to resolve," says Goodboe.Employees and employers could ultimately find a mutually agreeable working situation to keep everyone comfortable and healthy at work. 2994

Michael Cohen said in court Wednesday that he had been living in a "personal and mental incarceration" under President Donald Trump and that his prison sentence would, ironically, help him get back his freedom.That's particularly true if he goes to a certain minimum-security prison not far from the city.In federal court on Wednesday, US District Judge William Pauley agreed to recommend that Cohen serve his 36-month prison sentence at FCI Otisville, about 70 miles northwest of New York City.FCI Otisville has sometimes been viewed as a preferable prison option for inmates convicted of white-collar crimes. In 2009, Forbes named it one of "America's 10 cushiest prisons."Despite the judge's recommendation, the decision as to where Cohen will spend time is ultimately up to the Bureau of Prisons, which has sole responsibility for determining where offenders spend their prison sentences.The decisions are made at the Designation and Sentence Computation Center in Texas. The DSCC attempts to send inmates to prisons within a 500-mile radius of their residence, which for Cohen is in New York. However, the decision also is made using a series of criteria, such as security needs, medical needs, availability of counseling services, and bed space.Bureau of Prison data shows the bureau complies with 74% of judicial recommendations, wholly or in part, according to an analysis of the DSCC published in Criminal Justice magazine in 2016.  1454

Michael Cohen has asked a US judge for no prison time, citing, as he reveals in a new court filing, more details about his conversations with then-candidate Donald Trump about plans for a Trump Tower in Moscow.Cohen's attorneys argued that his cooperation with multiple investigations, including the special counsel's Russia probe, and the impact and suffering on Cohen and his family merits avoiding jail. But the filing late Friday night goes even further in tying the President to Cohen's actions.The new filing suggests in the clearest language yet the extent to which Cohen kept Trump informed of his efforts to move the project to build a Trump Tower in Moscow forward well into June 2016, including consideration of a trip to Moscow that summer, while Trump was moving closer to becoming the presumptive nominee for the Republican Party."In fact, Michael had a lengthy substantive conversation with the personal assistant to a Kremlin official following his outreach in January 2016, engaged in additional communications concerning the project as late as June 2016, and kept Client-1 apprised of these communications," the lawyers wrote. Trump is referred to as "Client-1" throughout the filing.On Friday morning, Trump defended his business dealings in a tweet, saying his dealings during the campaign were "very legal and very cool."Cohen pleaded guilty on Thursday to lying to Congress about plans to develop Trump Tower in Moscow when he told lawmakers they had ended in January 2016 and the extent of his conversations with the president, but he did not provide a lot of detail about those discussions in court.The details were part of a sentencing memo filed with the federal court in Manhattan, where Cohen will be sentenced on December 12 in two separate criminal cases. In addition to admitting he lied to Congress, Cohen pleaded guilty to eight criminal charges brought on by the US Attorney's Office for the Southern District of New York in August, including tax fraud, making false statements to a bank and campaign finance violations relating to hush-money payments made to women alleging affairs with Trump. As part of his plea deal with the US attorney's office, Cohen faces 46 to 62 months in prison.Cohen's lawyers Guy Petrillo and Amy Lester asked for the cases to be consolidated so Cohen could be sentenced for all of his crimes at once. They're also seeking leniency for Cohen, saying that he has cooperated extensively, amid intense public pressure from Trump, who has called the investigation a "witch hunt," and will agree to cooperate in the future.In the filing, his attorneys write that Cohen has had seven voluntary interviews with the special counsel and continues to make himself available as needed. Cohen's attorneys said he declined a traditional cooperation agreement because he wanted to be sentenced as scheduled so he can "begin his life virtually anew."They said Cohen is also cooperating with prosecutors from the US attorney's office "concerning an ongoing investigation," the New York state attorney general's office's civil lawsuit against the Trump Foundation and state tax authorities. CNN has previously reported that Cohen met with representatives of these offices.His lawyers note that Cohen's legal problems aren't over and he "will be named in a parallel tax case brought by New York State." The filing does not provide further details.Cohen, his lawyers say, committed the campaign finance violations and lied to Congress out of his loyalty to Trump and to stay on message even while he was preparing for his 2017 testimony to Congress."In the weeks during which his then-counsel prepared his written response to the Congressional Committees, Michael remained in close and regular contact with White House-based staff and legal counsel to Client-1," the filing says. At the time, Cohen's then attorney had a joint defense agreement with Trump's legal team.The filing doesn't go so far as to say there was coordination between Trump's legal team and Cohen on what Cohen would tell Congress, but it says the campaign finance and false statement allegations are addressed together "because both arose from Michael's fierce loyalty to Client-1. In each case, the conduct was intended to benefit Client-1, in accordance with Client-1's directives."In Cohen's cooperation agreement with the special counsel's office, it notes that Cohen will not be prosecuted for "obstructing" or conspiring to obstruct or commit perjury "before congressional or grand jury investigations."Cohen's sentencing submission also describes how Cohen's life changed following the April FBI raid on his home, office and hotel room."Nearly every professional and commercial relationship that he enjoyed, and a number of long standing friendships have vanished," it reads.Cohen, the filing says, could have "continued to hold the party line, positioning himself perhaps for a pardon or clemency," but instead, "he took responsibility for his own wrongdoing and contributed and is prepared to continue to contribute to an investigation that he views as "thoroughly legitimate and vital."Cohen, the lawyers argue, should be commended for his cooperation "in the context of this raw, full-bore attack by the most powerful person in the United States."The government will file their response to the submission next week. 5350

MEXICO CITY (AP) — Authorities in the western Mexico state of Jalisco say they believe three film students missing since last month were killed and dissolved in acid.The Jalisco Attorney General's Office says two men have been arrested and there are arrest orders for four others in the case.The students were abducted March 19 on the outskirts of Guadalajara after working on a film project for school at a location that was apparently being watched by members of the Jalisco New Generation cartel.Authorities said at a news conference Monday that the students were taken to another location where one was beaten to death. Then the other two were killed.Prosecutors say the bodies were taken to a third location, where investigators believe they were dissolved in sulfuric acid. 787

Megyn Kelly's slow-motion exit from NBC News has turned into an all-out legal battle.Kelly's 9 a.m. show was canceled last week, but her contract goes through 2020. So now there's a protracted negotiation taking place -- and in an unusual move, Kelly's lawyer Bryan Freedman is talking about it publicly."Andy Lack needs to stop," Freedman said Tuesday, accusing the NBC News chair of leaking information about the negotiations.On Wednesday, Freedman upped the ante with another statement."Despite my efforts to handle this process confidentially, NBC News is allowing the media to run with completely false and irresponsible reports that disparage Megyn by erroneously claiming she has ever asked for more money than her contract requires," Freedman said. "If NBC News is not the source then they have a responsibility as a news division to correct these false claims. Or are they somehow attempting to use these fabrications for some fictitious advantage in the discussions we're having?"Freedman also called out NBCUniversal CEO Steve Burke: "If Andy Lack has lost control, my hope would be that Steve Burke can step in and not permit blatant lies about our discussions to remain uncorrected."NBC fired back with its own statement a few minutes later saying, "Unlike Mr. Freedman, who has repeatedly commented to the media throughout the negotiations, we respect the confidentiality of the process, and will have no comment until it reaches its conclusion."In recent days, several stories from outlets like The Hollywood Reporter?and Deadline have said that Kelly and NBC are at odds regarding the amount of money she'll be paid on the way out the door, and regarding the terms of her exit agreement.NBC is said to be reluctant to pay out the rest of her three-year contract, which is reportedly worth million. And Kelly is said to be reluctant to sign away her rights to speak freely.Sources confirmed to CNN that one of the sticking points involves something called a non-disparagement clause, which would prohibit Kelly from speaking ill of NBC in the future.A non-disparagement clause is often a part of a broader non-disclosure agreement, or NDA for short.These types of agreements are common when millions of dollars are on the line. Ann Curry recently confirmed that she signed an NDA when she was forced out of the "Today" show in 2012.Kelly is different because she has repeatedly challenged NBC News management in public, and has hinted that she knows more than she's shared about various NBC controversies.Those cases include the Matt Lauer scandal -- when the host was fired amid misconduct allegations -- and the circumstances surrounding Ronan Farrow's departure from NBC when Farrow was investigating Harvey Weinstein.Kelly's insider knowledge may have given her some leverage in the negotiations. She is reluctant to sign a one-sided NDA, a source said, because she is concerned that would leave her vulnerable to disparagement by NBC executives.But Freedman spoke out earlier when the Daily Mail, citing a source, claimed that Kelly wants an extra million bonus, perhaps in exchange for her silence.Freedman fired back: "Out of respect for the discussions, I am not going to share more details but any suggestion that Megyn is asking or looking for more than her contract is untrue."Freedman said this bonus idea was "clearly planted by NBC News to continue its mission to harm Megyn and gain some sort of leverage. It won't work. Andy Lack needs to stop."In response, Page Six quoted an NBC "insider" saying, "These are desperate attempts to distract from the main issue: Her offensive comments on live TV about blackface."Most of the drama is happening off the air, but NBC News has openly covered the Kelly controversy with multiple segments on television. And Kelly has become a late-night punchline."Today was national color day," Seth Meyers said on "Late Night" Tuesday night.His writer Amber Ruffin added the punchline: "'So it's okay today, right?' said Megyn Kelly about blackface."Meyers: "So Amber, what are you dressing as for Halloween?""The ghost of Megyn Kelly's career," Ruffin said. "Oooh, scary." 4171