Seyfarth Synopsis: New Jersey Governor Phil Murphy signed a legislative package into law on July 8, 2021 that increases enforcement mechanisms for state agencies to impose a variety of penalties against employers who...more
New York City’s new law severely limiting at-will employment in the fast-food industry is scheduled to go into effect on July 4, 2021. Although a lawsuit seeking to enjoin the law is pending, covered employers should be...more
The amendments to the NY HERO Act have been officially enacted and are now part of the statute. Those amendments clarify various deadlines and modify certain obligations to facilitate compliance by employers....more
The New York Legislature is considering amendments to the New York Health and Essential Rights Act (“NY HERO Act”) that would address some concerns raised by the business community. The proposals would clarify the timelines...more
On May 5, 2021, Governor Cuomo signed the New York Health and Essential Rights Act (“NY HERO Act”), a first-of-its kind law designed to protect against the spread of airborne infectious diseases in the workplace. But his...more
The Wolf Administration announced that, effective May 31, 2021, all statewide COVID mitigation restrictions (other than the masking mandate) will be lifted. Certain masking requirements will remain in effect until 70% of the...more
The New York State Legislature is keeping busy with new employment legislation as the local and national economies continue to recover from the COVID-19 pandemic....more
Seyfarth Synopsis: In the most recent decision to consider the intersection between religion and employment law, Massachusetts’s highest court in DeWeese-Boyd v. Gordon Coll., No. SJC-12988., 2021 WL 841932 (Mass. Mar. 05,...more
Seyfarth Synopsis: New York City recently published regulations finalizing its prior guidance regarding race-based hairstyle discrimination, and also confirming that religious-based hairstyle discrimination, including for...more
Seyfarth Synopsis: Connecticut Joins Its Tristate Neighbors by Becoming the Eighth State to Formally Amend Its Anti-Discrimination Laws to Include Hairstyle Discrimination as a Form of Race-Based Discrimination. This Law will...more
Seyfarth Synopsis: The COVID-19 pandemic thrust remote working upon many employers without notice or adequate time to prepare. Now that employees are settling into longer-term remote working arrangements, employers are...more
The NYC Council has passed two bills that will end traditional at-will employment for fast-food employers in New York City. The bills were sent to Mayor Bill de Blasio for signature on December 17, 2020 and will take effect...more
12/21/2020
/ At-Will Employment ,
Employer Liability Issues ,
Fast-Food Industry ,
Food Service Workers ,
Hiring & Firing ,
Just Cause ,
Labor Regulations ,
Local Ordinance ,
Regulatory Agenda ,
State and Local Government ,
Termination
Governor Wolf and Health Secretary Levine issued temporary mitigation measures to curb the rise in COVID-19 cases and deaths across Pennsylvania. The measures took effect as of Saturday, December 12 and will remain in effect...more
Effective November 11, 2020, New York amended its Worker Adjustment and Retraining Notification Act (“NY WARN Act”) by expanding the government entities that must receive notice of a NY WARN Act triggering event, such as a...more
11/20/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Hiring & Firing ,
Infectious Diseases ,
Labor Regulations ,
Layoff Notices ,
Layoffs ,
Notice Requirements ,
State and Local Government ,
State Labor Laws ,
WARN Act
As COVID-19 cases surge across the country, Pennsylvania Secretary of Health Dr. Rachel Levine announced additional mitigation orders on November 17, 2020 relating to interstate travel and mask wearing. These...more
11/20/2020
/ Business Closures ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Local Ordinance ,
Masks ,
Public Health Emergency ,
Quarantine ,
Risk Mitigation ,
School Closures ,
Screening Procedures ,
State and Local Government ,
Travel Restrictions ,
Traveling Employee ,
Virus Testing
On Monday, September 14, 2020, a federal judge in the Western District of Pennsylvania held that significant portions of Governor Wolf’s COVID-19 related shutdown orders were unconstitutional. Importantly, the Court’s ruling...more
9/16/2020
/ Business Closures ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
First Amendment ,
Free Speech ,
Infectious Diseases ,
Public Gatherings ,
Public Health ,
Public Health Emergency ,
Shelter-In-Place
Governor Wolf announced on July 16, 2020 the creation of the COVID-19 Pennsylvania Hazard Pay Grant Program which provides employer funding for frontline worker pay premiums of businesses in eligible industries. ...more
On July 15, 2020, the Wolf Administration announced an executive order imposing various restrictions that are set to go into effect as of 12:01 a.m. on July 16, 2020....more
Seyfarth Synopsis: New York, New Jersey, and Connecticut have updated the list of states subject to 14-day quarantine provisions, and New York has begun implementing enforcement measures. ...more
Seyfarth Synopsis: In another high-profile religion school case this term, the Supreme Court ruled 7-2 in Our Lady of Guadalupe School v. Morrissey-Berru that the First Amendment’s Religion Clauses foreclosed the adjudication...more
7/10/2020
/ Age Discrimination ,
Appeals ,
Disability Discrimination ,
Employment Discrimination ,
First Amendment ,
Freedom of Religion ,
Ministerial Exception ,
Our Lady of Guadalupe School v Morrissey-Berru ,
Religious Schools ,
Reversal ,
SCOTUS ,
Teachers
After a sustained period of decreasing cases and a phased reopening plan now nearly complete, Pennsylvania has begun to see a rise in COVID-19 cases in certain regions of the state. The Wolf Administration has responded by...more
In another high-profile 5-4 decision, the majority of the United States Supreme Court ruled on June 30 in Espinoza v. Montana Department of Revenue that Montana’s Supreme Court violated the U.S. Constitution when it struck...more
7/7/2020
/ Compelling Governmental Interest ,
Constitutional Challenges ,
Espinoza v Montana Department of Revenue ,
Establishment Clause ,
Free Exercise Clause ,
No Aid Clause ,
Private Schools ,
Religious Discrimination ,
Religious Schools ,
Remand ,
Reversal ,
Scholarships ,
SCOTUS ,
State Aid ,
State Constitutions ,
Strict Scrutiny Standard ,
Tuition
On June 19, Governor Wolf announced that 12 of the remaining 13 counties in the Commonwealth’s Yellow phase of reopening will be eligible to move into the Green phase this coming Friday, June 26....more
6/24/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Non-Essential Businesses ,
Re-Opening Guidelines ,
Restaurant Industry ,
Retailers ,
Return-to-Work Agreements ,
Seating ,
State and Local Government ,
Workplace Safety
Seyfarth Synopsis: New Jersey’s Department of Labor and Workforce Development released the required notice pertaining to misclassification of employees, which must be conspicuously posted by New Jersey employers. The law went...more
Despite some concern over the large protests over the past week, local and state officials have confirmed that the City of Philadelphia will enter the “Yellow” phase of the Commonwealth’s reopening plan. ...more