On June 10, 2021, the U.S. Occupational Safety and Health Administration (OSHA) released the first nationwide emergency workplace safety rule per President Joe Biden’s January executive order directing the agency to pursue an...more
On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) updated its “What you should know about COVID-19” Frequently Asked Questions (the FAQs), answering questions many employers have had regarding COVID-19...more
On May 13, 2021, the CDC updated its guidance for fully vaccinated individuals (Vaccination Guidance), stating that fully vaccinated people (fully vaccinated means two weeks after receiving a second dose of the Moderna or...more
On April 21, 2021, both houses of the New York Legislature announced passage of the NY Hero Act, which will require employers to implement extensive new workplace health and safety protections in response to the COVID-19...more
4/29/2021
/ Anti-Retaliation Provisions ,
Coronavirus/COVID-19 ,
Crisis Management ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Labor Reform ,
Labor Regulations ,
NYDOL ,
Personal Protective Equipment ,
Public Health ,
Workplace Safety
On April 20, 2021, the U.S. Occupational Safety and Health Administration (OSHA) updated its FAQs with guidance stating that employers who require their employees to get vaccinated as a condition of employment may need to...more
4/22/2021
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
OSHA ,
Public Health ,
Recordkeeping Requirements ,
Regulatory Requirements ,
Vaccinations ,
Workplace Safety
As we previously discussed, employers with fewer than 500 employees will no longer be legally required to provide employees with leaves of absence under the Families First Coronavirus Response Act (FFCRA). As of January 1,...more
2/23/2021
/ Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Infectious Diseases ,
Paid Sick Leave ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
State and Local Government ,
State Labor Laws ,
Tax Credits ,
Workplace Safety
In Tuesday's Report: An overview of EU and German financing measures for companies responding to COVID-19; U.S. passes relief legislation affecting surprise billing; U.K. traveler bans; an analysis of key considerations in...more
On December 16, 2020, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 guidance to address COVID-19 vaccines in the workplace. The EEOC’s guidance implies that a mandatory workplace vaccination program...more
12/18/2020
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Infectious Diseases ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
Employers in New York should be aware of the state’s new paid sick leave law, which was enacted on April 3, 2020 and went into effect on Wednesday, September 30. This state-wide law includes employers in New York City and...more
On Friday June 26, the Department of Labor (DOL) issued clarification guidance regarding the availability of Family First Coronavirus Response Act (FFCRA) leave. Specifically, the DOL stated that FFCRA leave is equally...more
As cities and states around the United States are gearing to reopen facilities, employers are tasked with the daunting responsibility of ensuring that their workspaces are safe. ...more
6/9/2020
/ Americans with Disabilities Act (ADA) ,
CARES Act ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Diagnostic Tests ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Medical Reimbursement ,
Travel Time ,
Virus Testing ,
Wage and Hour ,
Workplace Safety
CDC provides updated guidance and toolkit for employers preparing to re-open -
The U.S. Centers for Disease Control and Prevention (CDC) continues to release workplace re-opening guidance, both generally and for employers...more
Many U.S. employers are eager to reopen their worksites and to resume more normal in-person operations. But resumption of business while the country continues to face the risk of COVID-19 infections presents significant legal...more
The Occupational Safety and Health Administration (OSHA) will begin issuing industry-specific guidance to protect American workers during the COVID-19 pandemic. The guidance to date has been in the form of “tips” rather than...more
On April 4, 2020, the U.S. Department of Labor (“DOL”) provided clarity on the scope of the $600 per week supplemental benefit available under the CARES Act, stating that even individuals entitled to partial unemployment...more
The U.S. Equal Employment Opportunity Commission (“EEOC”) enforces workplace anti-discrimination laws, including the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act. This week, the EEOC twice updated its...more
Governor Cuomo is sent new legislation related to the Coronavirus to New York State lawmakers yesterday. The legislation would protect employees who are required to stay home from work because they are being isolated or...more
3/10/2020
/ Adverse Employment Action ,
Best Practices ,
Business Continuity Plans ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Employee Rights ,
Employer Liability Issues ,
Health and Safety ,
Hiring & Firing ,
Infectious Diseases ,
Medical Leave ,
Policies and Procedures ,
Proposed Legislation ,
Public Health ,
Risk Management ,
Sick Leave ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Workplace Safety
The Coronavirus which causes the disease COVID-19 (“Coronavirus”) presents a plethora of challenging labor and employment issues for employers in the United States. ...more
3/6/2020
/ Best Practices ,
Business Continuity Plans ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Medical Leave ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Sick Leave ,
Wage and Hour ,
Workplace Safety
The National Labor Relations Board (“NLRB”) announced that it is releasing a final rule (the “Rule”) on February 26, 2020 revising the prior joint-employer standard used to hold franchisors or businesses that use employees...more
2/26/2020
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Employer Liability Issues ,
Federal Labor Laws ,
Final Rules ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Regulatory Reform ,
Regulatory Requirements ,
Rulemaking Process ,
Staffing Agencies ,
Unfair Labor Practices ,
Unions ,
Wage and Hour
The United States-Mexico-Canada Trade Agreement (USMCA) is noteworthy for its novel “facility specific rapid response labor mechanism” (the Rapid Response Mechanism or Mechanism). The Mechanism permits the United States or...more
2/11/2020
/ Canada ,
Collective Bargaining ,
Corporate Counsel ,
Cross-Border Transactions ,
Employee Rights ,
Federal Labor Laws ,
Foreign Relations ,
Free Trade Agreements ,
International Labor Laws ,
Labor Disputes ,
Labor Regulations ,
Manufacturing Facilities ,
Mexico ,
NLRB ,
Trade Relations ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies
Last week, New Jersey Governor Phil Murphy signed an amendment to the New Jersey WARN Act, dramatically expanding the Act’s reach. Effective July 19, 2020, the amendment makes the Act one of the most stringent state WARN...more
1/31/2020
/ Employer Liability Issues ,
Failure to Comply ,
Hiring & Firing ,
Labor Law Violations ,
Labor Regulations ,
Layoff Notices ,
Layoffs ,
Notice Requirements ,
Penalties ,
Regulatory Requirements ,
Regulatory Standards ,
State and Local Government ,
State Labor Laws ,
WARN Act
New York employers – New York State has gifted you an early holiday present – a requirement to update your handbook, comply with a new law immediately or potentially face steep consequences....more
Consistent with its intent to relax scrutiny regarding the legality of employment policies (see here and here), the National Labor Relations Board (“NLRB” or “Board”) recently upheld, in LA Specialty Produce Co., two...more
Later this week, on October 11, 2019, several important changes are coming to the New York Human Rights Law (“NYHRL”).
As you may recall, last year the New York legislature enacted legislation prohibiting employers from...more
10/7/2019
/ #MeToo ,
Anti-Harassment Policies ,
Confidentiality Agreements ,
Corporate Culture ,
Employer Liability Issues ,
Employment Contract ,
Hostile Environment ,
Non-Disclosure Agreement ,
NYHRL ,
Regulatory Oversight ,
Regulatory Requirements ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws
On September 20, 2019 the National Labor Relations Board (“NLRB” or “Board”) proposed a rule which, if approved, would exclude graduate and undergraduate student workers, who perform services in connection with their studies,...more
9/30/2019
/ Collective Bargaining ,
Colleges ,
Comment Period ,
Graduate Students ,
NLRA ,
NLRB ,
NPRM ,
Proposed Rules ,
Student Employees ,
Students ,
Teaching Assistants ,
Unions ,
Universities