On May 13, 2021, the Centers for Disease Control and Prevention (the “CDC”) published guidance indicating that fully vaccinated individuals do not need to wear a mask or physically distance in certain indoor and outdoor...more
New York’s off duty conduct law will now explicitly apply to an employee’s off-duty use of cannabis. The change in law came as a result of the recent passage of “The Marijuana Regulation and Taxation Act,” which generally...more
The New York State Legislature recently passed the Health and Essential Rights Act (the “HERO Act”), which has been delivered to Governor Cuomo for his signature. The legislation seeks to address continued COVID-19 safety...more
The Department of Labor (“DOL”) has issued model notices regarding COBRA premium assistance (a/k/a COBRA subsidies). As we wrote about here, as part of the American Rescue Plan Act of 2021 (the “Act”), Congress sought to...more
The New York State’s Department of Labor (“NYSDOL”) recently issued new Quarantine Leave guidance for 2021 – guidance that is certainly controversial in that it seemingly goes beyond the statutory text of the NY COVID-19...more
The CDC has issued new guidance focused on ensuring employees’ informed consent for COVID-19 testing in the workplace. This builds on earlier guidance the CDC issued regarding workplace testing programs last fall. Because...more
The New York City Council has expanded NYC’s Fair Chance Act to further restrict NYC employers from taking adverse actions against applicants or employees based on their criminal history. The law will go into effect on or...more
The new COVID-19 stimulus package is now law. As discussed below, it provides some employers an incentive to extend certain COVID-19 related leave benefits through Q1 2021.
Optional FFCRA Tax Credits Extended Through...more
A quick update to our earlier posts on New York State and New York City’s paid sick leave laws. The agency that enforces NYC’s paid sick and safe time law – the New York City Department of Consumer and Worker Protection –...more
This week, New York State issued guidance and an FAQ document regarding the State’s new paid sick leave law (“NYPSL”). As a reminder, New York State enacted statewide paid sick leave requirements for employers under Section...more
Months into the COVID-19 pandemic, many employer telecommuting arrangements remain in place, with several large corporations opting to extend these arrangements well into 2021. The benefits of such arrangements have been...more
10/20/2020
/ Coronavirus/COVID-19 ,
Earned Sick Time ,
Employee Benefits ,
Employer Liability Issues ,
Income Taxes ,
Paid Leave ,
Remote Working ,
Sick Leave ,
Tax Planning ,
Telecommuting ,
Wage and Hour
With the presidential election less than a month away, it is more important than ever that employers proactively manage their work environment to protect against the potential pitfalls that can arise when political...more
10/8/2020
/ Anti-Discrimination Policies ,
Anti-Retaliation Provisions ,
Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
First Amendment ,
Fourteenth Amendment ,
NLRA ,
Political Speech ,
Popular ,
Remote Working ,
Viewpoint Discrimination
The New York State Paid Sick Leave Law’s accrual provisions go into effect today, September 30, 2020. In April, Governor Cuomo signed into law new permanent paid sick leave requirements for all New York State employers...more
10/1/2020
/ Amended Legislation ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Governor Cuomo ,
Infectious Diseases ,
Mayor de Blasio ,
New Legislation ,
Paid Sick Leave ,
Sick Leave ,
State Labor Laws ,
Wage and Hour
The Department of Labor has again updated its guidance regarding the Families First Coronavirus Response Act ("FFCRA"). How we got here...more
9/21/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Exemptions ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
New Guidance ,
New Rules ,
Paid Sick Leave ,
Small Business ,
Wage and Hour
The reopening of schools during the COVID-19 pandemic continues to present challenges for working parents and the businesses that employ them. The mix of virtual and live classroom curricula are as varied and complex as the...more
As employees increasingly transition back into the physical workplace, employers have begun to grapple with whether and how to deploy COVID-19 diagnostic testing as a return-to-work solution. Many employers want to avoid...more
8/10/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Equal Employment Opportunity Commission (EEOC) ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
Screening Procedures ,
Virus Testing ,
Workplace Safety
A New York State Trial Court judge recently ruled that an agreement between a company and an employee to arbitrate sexual harassment claims was unenforceable due to 2018 amendments to New York State’s Human Rights Law, which...more
In a landmark opinion, the U.S. Supreme Court ruled that Title VII of the Civil Rights Act of 1964 protects gay, lesbian, and transgender employees from employment discrimination. The Court’s holding will have major...more
6/17/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Employers reacted in a variety of ways to cope with the unprecedented financial impact of COVID-19. Many of the initial executive compensation responses were designed as cost-cutting measures that would ease cash flow burdens...more
6/3/2020
/ Board of Directors ,
Compensation & Benefits ,
Coronavirus/COVID-19 ,
Employment Contract ,
Executive Compensation ,
Hiring & Firing ,
Layoffs ,
Restrictive Covenants ,
Salaried Employees ,
Securities Exchange Act ,
Succession Planning ,
WARN Act
New York State has issued industry-specific interim guidance for “Phase 2” businesses, which includes a number of “minimum requirements” certain businesses must meet before reopening their workplaces in light of...more
As management and human resources professionals are well aware, COVID-19 has drastically and rapidly impacted the workplace. Among other things, employees require more flexibility, employers are increasingly reliant upon...more
The Department of Labor (“DOL”) has updated its guidance yet again regarding the Families First Coronavirus Response Act, which went into effect on April 1, 2020. We wrote about the new law here. We also wrote about the DOL’s...more
In Part Five of our Roadmap Series, we take a closer look at COVID-19 screening and testing, including best practices and legal implications, as potential tools to maintain a safe workplace.
Can We Screen Our Employees...more
The U.S. Department of Labor (“DOL”) released its 124-page temporary regulations of the Families First Coronavirus Response Act (“FFCRA”) on April 1, 2020. DOL subsequently amended those regulations on April 10, 2020. Below...more
On April 12, 2020, Governor Cuomo issued Executive Order 202.16 mandating that essential businesses in New York require their employees to wear face coverings when in direct contact with customers or members of the public....more