On June 17, 2020, the Equal Employment Opportunity Commission (the “EEOC” or “the Commission”) again updated its COVID-19-related technical assistance for employers (“Guidance”). ...more
6/23/2020
/ 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
As we have previously reported, since June 2019, the Massachusetts Department of Family and Medical Leave (the “DFML”) has proposed and adopted several “technical changes” and clarifications to the Massachusetts Paid Family...more
Following New York State’s four-phased guidance for reopening nonessential businesses and expanding essential businesses in the state (“New York Forward” or “NYF”), New York City begins Phase One of NYF on June 8, 2020. In...more
6/9/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
New York ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
Screening Procedures ,
Social Distancing ,
Virus Testing ,
Workplace Decontamination ,
Workplace Safety
As we previously reported, New York’s plan to reopen, “New York Forward” (“NYF” or “Plan”), authorizes a gradual reopening of nonessential businesses. On May 29, 2020, the state initiated Phase Two of the Plan for those...more
6/4/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
Screening Procedures ,
Social Distancing ,
Virus Testing ,
Workplace Decontamination ,
Workplace Safety
On May 29, 2020, New York State issued guidance documents for the industries in Phase Two, as a part of the New York Forward Plan (“Plan”)....more
Though it may feel like an eternity to many residents and employers in the state, New York has gone from a shutdown of all but essential businesses to initiating an economic reopening in the span of roughly two months. “New...more
5/29/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
Screening Procedures ,
Social Distancing ,
Virus Testing ,
Workplace Decontamination ,
Workplace Safety
Effective August 25, 2020, Suffolk County, New York, will become the state’s fifth locality to enact a “ban the box” law. Similar to measures adopted by Buffalo, Rochester, and Westchester County, Suffolk County’s Fair...more
As we previously reported, last year, New York State expanded its election leave law to allow employees more paid time off if needed in order to vote on Election Day (increasing the paid time off from two to three hours). ...more
On March 17, 2020, Governor Andrew Cuomo announced a three-way agreement with the New York State Legislature that includes, in addition to mandatory COVID-19 paid sick leave, a Paid Sick Leave Law (“Law” or “PSLL”). The Law,...more
The U.S. Department of Labor has again updated its compliance assistance for the Families First Coronavirus Response Act (“FFCRA”), in the form of “Questions and Answers.” This post summarizes the most recent Questions and...more
On April 1, 2020, the day that the Families First Coronavirus Response Act (“FFCRA” or “Act”) became effective, the Wage and Hour Division of the U.S. Department of Labor (“DOL”) issued a temporary rule (“TR”) concerning the...more
The U.S. Department of Labor (“DOL”) continues to update its compliance assistance for the Families First Coronavirus Response Act (“FFCRA”), in the form of “Questions and Answers.” ...more
New York State has issued guidance in the form of Frequently Asked Questions (“FAQs”) regarding the State’s new COVID-19 Leave Law (the “Law”). ...more
As previously discussed, Colorado officially adopted the Colorado Overtime and Minimum Pay Standards Order # 36 (“COMPS Order”) on January 22, 2020, which went into effect on March 16, 2020. ...more
New York Governor Andrew Cuomo has signed into law S8091 (“Sick Leave Law” or “Law”), requiring employers to provide certain employees under COVID-19-related quarantine or isolation with either paid or unpaid sick leave,...more
On March 18, 2020, shortly after it passed the U.S. Senate by a vote of 90-8, H.R. 6201, the Families First Coronavirus Response Act (“Act” or “Law”), was signed into law by President Trump. The Act, which takes effect by...more
As we explained in an earlier post, the Colorado Department of Labor and Employment (“DLE”) has issued new Health Emergency Leave with Pay (“HELP”) Rules in response to the coronavirus. Effective March 11, 2020, the HELP...more
3/23/2020
In the coming days, weeks and perhaps months, many employers will have difficult decisions to make about their operations and their workforces. With their operations shutting down or running at less than capacity, many...more
[Update: The Senate Passed the Revised Bill by a Vote of 90-8; It Now Goes to the President]
As we previously reported, on March 14, 2020, the U.S. House of Representatives passed the Families First Coronavirus Response...more
Early Saturday morning, March 14, 2020, the U.S. House of Representatives voted 363-40 to pass the Families First Coronavirus Response Act (H.R.6201) (the “Bill”), a sweeping piece of legislation aimed at reducing the...more
On March 10, 2020, Colorado Governor Jared Polis issued an executive order directing he Colorado Department of Labor and Employment (“DLE”) to create emergency rules to “ensure workers in food handling, hospitality, child...more
3/16/2020
/ Best Practices ,
Business Continuity Plans ,
China ,
Coronavirus/COVID-19 ,
Covered Employees ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Food Service Workers ,
Franchises ,
Health and Safety ,
Health Care Providers ,
Healthcare Workers ,
Hospitality Industry ,
Infectious Diseases ,
Paid Time Off (PTO) ,
Policies and Procedures ,
Public Health ,
Restaurant Industry ,
Risk Management ,
Sick Leave ,
Sick Pay ,
State and Local Government ,
Wage and Hour ,
Workplace Safety
New York State has responded to a significant increase in cases of the 2019 novel coronavirus (“COVID-19”) in the state with numerous press briefings and actions by the government. Both New York State and New York City have...more
3/13/2020
/ Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Governor Cuomo ,
Infectious Diseases ,
New Guidance ,
OSHA ,
Public Health ,
Quarantine ,
Workplace Safety ,
World Health Organization
Since releasing our Advisory on January 30, 2020, there have been significant developments in connection with the 2019 Novel Coronavirus (“COVID-19” or “Coronavirus”). For example, on February 25, 2020, the U.S. Centers for...more
3/2/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Employer Liability Issues ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
Infectious Diseases ,
Interim Guidance ,
OSHA ,
Presidential Proclamations ,
Public Accommodation ,
Public Health ,
Traveling Employee ,
World Health Organization
On January 29, 2020, the House of Representatives passed the Comprehensive CREDIT Act of 2020 (the “Act”), which would change federal laws pertaining to consumer reporting agencies and credit checks in a number of ways....more
2/18/2020
/ Credit Checks ,
Credit Reporting Agencies ,
Credit Reports ,
Disclosure Requirements ,
Fair Credit Reporting Act (FCRA) ,
Federal Labor Laws ,
Hiring & Firing ,
Labor Regulations ,
Legislative Agendas ,
Local Ordinance ,
Proposed Legislation ,
Regulatory Agenda ,
Screening Procedures ,
State and Local Government
As previously discussed, Colorado has taken steps to increase the salary threshold for employees that fall under the “white collar” exemptions, following in the footsteps of Alaska, California, New York, Maine, and Washington...more
2/12/2020
/ Employer Liability Issues ,
Employment Policies ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Highly Compensated Employees ,
Labor Regulations ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Regulatory Requirements ,
Rulemaking Process ,
Salaried Employees ,
State and Local Government ,
State Labor Laws ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions