Executive Summary -
2024 promises to be a consequential year for employers. The U.S. is preparing for an election that will likely have a significant impact on the future of employment and labor law. At the same time,...more
5/8/2024
/ Annual Reports ,
Artificial Intelligence ,
Bias ,
Corporate Counsel ,
Employees ,
Employment Litigation ,
Employment Policies ,
Enforcement Actions ,
Federal Labor Laws ,
Human Resources Professionals ,
Labor Law Violations ,
State Labor Laws ,
Surveys
The PWFA, which has been in force since June 27, 2023, expands protections for qualified individuals in the workforce by requiring employers with 15 or more employees to make reasonable accommodations for known limitations of...more
4/17/2024
/ Employee Rights ,
Employees ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Labor Laws ,
Final Rules ,
Labor Reform ,
Pregnancy ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation
On March 1, 2024, the Centers for Disease Control and Prevention announced that it is updating its COVID-19 guidance and is no longer recommending that individuals who test positive for COVID-19 isolate for five days. The...more
Executive Summary -
Widespread economic uncertainty. Evolving workforce expectations. Accelerating use of artificial intelligence (AI). A shifting patchwork of local, state and federal regulations.
Numerous headwinds...more
5/10/2023
/ Artificial Intelligence ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Federal Labor Laws ,
Hiring & Firing ,
Labor Law Violations ,
Leave of Absence ,
Public Health Emergency ,
Reasonable Accommodation ,
Remote Working ,
State Labor Laws ,
Telecommuting ,
Wage and Hour
As we mark the third anniversary of COVID-19 compliance challenges in the United States, we are gifting employers a roundup of where things stand with COVID-19 (or related) leave requirements. We highlight laws that did not...more
On December 12, 2022, the New York State Legislature passed a workplace safety bill known as “Carlos’ Law.” This bill, originally introduced in 2017 and named for an individual who died on a construction worksite in 2015,...more
On December 9, 2022, New York State amended the Nursing Mothers in the Workplace Act to provide additional specifications for lactation rooms and to impose new written policy requirements on all employers. The new...more
On September 14, 2022, the New York State Department of Health updated its COVID-19 quarantine and isolation webpage to remove earlier written COVID-19 guidance and tables dated May 31, 2022 (the “May Guidance”). The webpage...more
9/20/2022
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
New York ,
Public Health ,
Quarantine ,
Workplace Safety
On August 11, 2022, the Centers for Disease Control and Prevention issued a new Summary of Guidance for Minimizing the Impact of COVID-19 on Individual Persons, Communities, and Health Care Systems. Observing that increasing...more
The latest wave of the COVID-19 pandemic has barely been contained, yet employers are now being hit with employee inquiries related to monkeypox. As this virus spreads, states and localities are declaring emergencies while...more
On July 12, 2022, the U.S. Equal Employment Opportunity Commission updated its COVID-19 FAQs, with specific emphasis on viral testing, antibody tests, and other issues relating to workplace safety. The agency’s update...more
As we enter the third year of the global COVID-19 pandemic, many U.S. businesses are implementing long-delayed return-to-office plans and hoping to establish a new equilibrium. Public health experts, economists and...more
On January 13, 2022, the United States Supreme Court granted emergency relief to stay implementation of the Occupational Health and Safety Administration (OSHA)’s Emergency Temporary Standard (ETS) regarding COVID-19. ...more
1/14/2022
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On Friday, January 7, 2022, the U.S. Supreme Court will hear oral argument regarding two of the Biden administration’s most contentious COVID-19 workplace health and safety policies: the Occupational Safety and Health...more
1/5/2022
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Oral Argument ,
OSHA ,
SCOTUS ,
Vaccinations ,
Workplace Safety
On December 21, 2021, Mayor Lori Lightfoot issued Public Health Order 2021-2, a vaccine mandate for certain public accommodations that is meant to help curb the spread of COVID-19 as the Omicron variant continues to surge....more
On the evening of December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit dissolved the Fifth Circuit’s stay of the federal Occupational Safety and Health Administration (OSHA) COVID-19 Emergency Temporary Standard...more
12/20/2021
/ Biden Administration ,
Commerce Clause ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Motion to Dissolve ,
Multidistrict Litigation ,
OSHA ,
Petition for Writ of Certiorari ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
As previously reported, New York City’s vaccination mandate for private employers goes into effect on December 27, 2021. This measure, issued as an order from the New York City health commissioner in response to a public...more
12/17/2021
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Local Ordinance ,
Masks ,
New York ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
On December 10, 2021, New York Governor Kathy Hochul announced that face masks must be worn in all indoor public places in New York State, effective December 13, 2021. This measure was taken in response to a notable surge in...more
12/13/2021
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Responsibilities ,
Infectious Diseases ,
Masks ,
New York ,
Personal Protective Equipment ,
Vaccine Passports ,
Workplace Safety
On Monday, December 6, 2021, New York City announced a first-in-the-nation vaccine mandate for private-sector employers, which must now require vaccinations for all employees who work in person in the city. ...more
On October 18, 2021, in a 55-page opinion, an Oregon federal district court denied a request for a temporary restraining order (TRO) to prevent the Oregon Health Authority’s (OHA) recent orders requiring that educational and...more
10/22/2021
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Healthcare Workers ,
Infectious Diseases ,
Teachers ,
TRO ,
Vaccinations ,
Workplace Safety
On September 9, 2021, President Joseph R. Biden released a sweeping new COVID-19 Action Plan, Path Out of the Pandemic. This Plan includes mandates that employees working for large private employers, the federal government,...more
9/10/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Emergency Management Plans ,
Employer Liability Issues ,
Entertainment Venues ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
This report analyzes data gathered from more than 1,600 in-house lawyers, C-suite executives and HR professionals. The survey gauged employers’ key concerns and strategies related to mandating and encouraging COVID-19...more
On August 13, 2021, the Philadelphia Department of Health published a regulation amending its August 11, 2021 order that requires individuals to wear a face mask (with certain exceptions) in indoor settings and at certain...more
New York City recently implemented the Key to NYC Pass, which requires patrons and employees of certain indoor entertainment, recreation, dining, and fitness establishments to prove that they have received at least one dose...more
8/20/2021
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Entertainment Venues ,
Health and Safety ,
Individual Mandate ,
Infectious Diseases ,
Local Ordinance ,
NYCHRL ,
Public Health Emergency ,
Reasonable Accommodation ,
Restaurant Industry ,
Vaccinations ,
Vaccine Passports ,
Workplace Safety
On August 16, 2021, New York Governor Andrew Cuomo announced that all healthcare workers in New York State, including staff at hospitals and long-term care facilities such as nursing homes, adult care facilities and other...more
8/19/2021
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Essential Workers ,
Health and Safety ,
Health Care Providers ,
Healthcare Workers ,
Infectious Diseases ,
Long Term Care Facilities ,
Nursing Homes ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety