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The Accommodation Process Requires More Than Lip Service

Employers implementing mandatory COVID-19 vaccination programs are no doubt starting to feel the pressure resulting from an influx of religious and disability accommodation requests. In all the internal commotion (and...more

Vaccination: To Mandate or Not to Mandate?

U.S. employers have known for a while that they can require their employees to get an FDA-approved Covid-19 vaccine. As recently as a couple of months ago, however, most employers weren’t doing that, with a few exceptions in...more

Judge Holds that a Hospital can Fire Employees Who Refuse the Vaccine

Sending a clear message to employers and employees alike on the prickly subject of mandatory vaccination programs, Texas federal Judge Lynn N. Hughes just dismissed outright a lawsuit brought by 117 employees of a Houston...more

OSHA’s Emergency Temporary Standard for Healthcare

On January 21, 2021, President Biden enacted the Executive Order “Protecting Worker Health and Safety” which tasked OSHA with developing safety measures to help protect workers as the nation continued its post-pandemic...more

NY Employees Granted Up to Four Hours of Excused Leave Per Vaccine Injection

On Friday March 12, 2021, Governor Cuomo signed into law legislation which requires that beginning March 12, 2021, all New York employers must provide up to four hours of paid leave per COVID-19 vaccine injection. Below are...more

The EEOC Confirms You CAN Mandate a Vaccine, But SHOULD You?

On the heels of the FDA’s approval of the Pfizer and Moderna COVID-19 vaccines, the EEOC updated its Technical Assistance Q & A to help employers navigate the latest pandemic related challenges. ...more

State Issues Guidance for NY Paid Sick Leave Law

As employers are well aware by now, New York enacted statewide paid sick leave requirements for employers, which took effect on September 30, 2020. We provided an overview of requirements for the new law here. Under the law,...more

EEOC Updates COVID-19 Technical Assistance Publication with Q&A

Yesterday the EEOC updated its Technical Assistance Questions and Answers (Q&A), “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.”...more

CDC Guidance: How Do You Comply and Keep Your Business Functioning?

The Centers for Disease Control (“CDC”) has issued new guidance which will dictate how employers can resume business and safely start the “return to work” process. The overall focus of the guidance, which purports to “change...more

Employers' Return To Work Checklist - Practices and Policies

Employers, as you plan for a safe return to work, there are several critical protocols and practices to consider. Below you will find a Return to Work (RTW) Checklist, created by the Kelley Drye Labor and Employment team to...more

Preparing for COVID-19 Whistleblower and Retaliation Claims

It is a virtual certainty that lawsuits from employees will increase, and likely with emphasis on whistleblower and retaliation claims as states reopen and more employees return to work. Employers need to think ahead and be...more

EEOC Says “Yes” to Return to Work COVID-19 Testing

With the reopening of state economies and return-to-work on the horizon, on April 23, 2020, the EEOC issued new guidance on workplace testing for COVID-19. The EEOC’s guidance confirms that “employers may choose to...more

CARES ACT HIGHLIGHTS: Paycheck Protection Program and FFCRA Amendments

On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) into law. The CARES Act’s purpose is aimed at reducing the economic impact of the COVID-19 pandemic and stimulating...more

New DOL Guidance Puts Employers on Notice: FFCRA Takes Effect on April 1

The U.S. Department of Labor (“DOL”) has issued the first round of guidance regarding the recently enacted Families First Coronavirus Response Act (“FFCRA”)....more

Enacted: Families First Coronavirus Response Act

On March 18, President Trump signed the Families First Coronavirus Response Act (the “Act”), which creates the Family Medical Leave Expansion Act and Emergency Paid Sick Leave Act in order to provide protections for employees...more

Managing Your Workforce During COVID-19

As federal, state and local governments continue to develop their responses to the COVID-19 outbreak, employers may find themselves in uncharted territory as to how to deal with emerging employee issues....more

Employer Survival Kit: Coronavirus Edition

With the arrival of 2019 novel coronavirus (“COVID-19”) to the United States, employers should begin thinking about strategies to mitigate business interruptions, ensure employee safety, and avoid unnecessary litigation....more

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