The laws are changing rapidly in the current pandemic/crisis. Therefore, the legal issues discussed here are subject to constant change. It is best to consult with your counsel concerning any specific legal advice you may need.
As the U.S. economy starts to come back to life and businesses commence reopening, employers face new legislation, daily changes and challenges created by COVID-19.
Business leaders are contemplating their operations and reopening strategies by, either, trying to do more with less, enhancing and hiring more employees, or shuttering altogether. Many employment laws are implicated in the down-sizing, right-sizing, and growth being considered including PPP forgiveness requirements, wage and hour laws, lay-off notice laws, and discrimination laws, among others.
Our goal is to share timely and pertinent information that employers need to know to comply with the various applicable laws while they act swiftly to preserve business operations.
On-Again, Off-Again Vaccination or Testing: The Supreme Court Stays the OSHA ETS for Employers With 100 or More Employees, but Greenlights the Health-care Worker Mandate
Posted: January 14, 2022
The laws are changing rapidly in the current pandemic/crisis. Therefore, the legal issues discussed here are subject to constant change. It is best to consult with your counsel concerning any specific legal advice you may need.
Large employers with 100 or more employees do not need to worry about complying with the Emergency Temporary Standard (“ETS”) vaccine or test mandate issued by the Occupational Health and Safety Administration (“OSHA”). At least, not for now.
As 2021 Winds Down, These COVID-19 Issues Should Be at the Top of Employers’ Minds
Posted: December 29, 2021
The laws are changing rapidly in the current pandemic/crisis. Therefore, the legal issues discussed here are subject to constant change. It is best to consult with your counsel concerning any specific legal advice you may need.
As the year winds down, COVID-19 legal changes are occurring at breakneck speed, creating risk and confusion for many employers. Here are some key legal issues that employers should consider going into 2022…
Key Things to Know and Actions to Consider in Light of New York City’s Private Workplace Vaccine Mandate
Posted: December 17, 2021
The laws are changing rapidly in the current pandemic/crisis. Therefore, the legal issues discussed here are subject to constant change. It is best to consult with your counsel concerning any specific legal advice you may need.
New York City has sprung into action in response to the COVID-19 Omicron variant. The City recently announced a vaccine mandate for private employers and has now issued related guidance (“NYC Vaccine Mandate” or the “Mandate”)…
States Respond to Federal Government and Private Employer Vaccine Mandates
Posted: December 2, 2021
The laws are changing rapidly in the current pandemic/crisis. Therefore, the legal issues discussed here are subject to constant change. It is best to consult with your counsel concerning any specific legal advice you may need.
As you likely know, the federal government has taken steps to impose vaccine mandates on (a) employers with over 100 employees, (b) federal contractors and (c) healthcare workers. Some private employers have also opted to impose vaccine mandates on their employees…
What Larger Employers Need To Know About OSHA Regulations and Mandatory Vaccinations
Posted: November 5, 2021
The laws are changing rapidly in the current pandemic/crisis. Therefore, the legal issues discussed here are subject to constant change. It is best to consult with your counsel concerning any specific legal advice you may need.
As you may have heard, OSHA has issued regulations regarding the mandatory vaccinations ordered by the White House earlier this year. These mandates apply to employers with 100 or more employees…
Prompt Action Required as COVID-19 Designated an Airborne Infectious Disease under New York State’s HERO Act
Posted: September 15, 2021
The laws are changing rapidly in the current pandemic/crisis. Therefore, the legal issues discussed here are subject to constant change. It is best to consult with your counsel concerning any specific legal advice you may need.
As we previously reported, New York’s HERO Act (the “Act”) requires businesses with New York worksites to adopt an airborne infectious disease prevention plan that contains certain safety measures to protect against the spread of airborne…
COVID-19 Leaves 2.0: Is My Company Now Required to Provide Vaccine or COVID-19 Time Off?
Posted: April 20, 2021
The laws are changing rapidly in the current pandemic/crisis. Therefore, the legal issues discussed here are subject to constant change. It is best to consult with your counsel concerning any specific legal advice you may need.
With all the recently enacted federal and state laws that provide employees with COVID-19 sick and vaccine-related leaves of absences, employers may be uncertain of their obligations. Some provisions are voluntary, but others are mandatory…
New York Passes Bill Giving Employees Paid Time Off to Get Vaccinated
Posted: March 11, 2021
The laws are changing rapidly in the current pandemic/crisis. Therefore, the legal issues discussed here are subject to constant change. It is best to consult with your counsel concerning any specific legal advice you may need.
While many employers consider whether to incentivize, encourage, or even require their employees to obtain COVID-19 vaccines, New York has just passed a bill requiring employers to provide employees with “a sufficient period of time”, up to a maximum of four hours of paid leave per shot, to obtain COVID-19 vaccines…
Must Your Company Provide COVID-19-Related Paid Sick Leave?
Posted: February 10, 2021
The laws are changing rapidly in the current pandemic/crisis. Therefore, the legal issues discussed here are subject to constant change. It is best to consult with your counsel concerning any specific legal advice you may need.
As the pandemic drags on, employers’ obligations to pay employees when they need to be out of work due to having COVID-19, or having had a COVID-19 exposure, are changing….
Federal COVID FFCRA Employee Leave Requirement Ends December 31, 2020, But Tax Credit Remains Available Through March 31, 2021 For Voluntarily Provided Leave
Posted: December 29, 2020
The laws are changing rapidly in the current pandemic/crisis. Therefore, the legal issues discussed here are subject to constant change. It is best to consult with your counsel concerning any specific legal advice you may need.
The federal Families First Coronavirus Response Act (“FFCRA”), which requires certain employers to provide paid sick and family leave for certain COVID-19-related reasons, will expire as originally intended on December 31, 2020…
FAQs On Mandatory Vaccination Policies: Federal Agency Appears To Permit COVID-19, But It’s Not Simple
Posted: December 28, 2020
The laws are changing rapidly in the current pandemic/crisis. Therefore, the legal issues discussed here are subject to constant change. It is best to consult with your counsel concerning any specific legal advice you may need.
With COVID-19 vaccines already being administered, many businesses feel a heightened sense of urgency and have reached out to us with questions about whether to (and how to) adopt a vaccination policy. For the last few months, employers have pondered, among other things, if they could (or should) implement a mandatory COVID-19 vaccination policy…
When Your Workforce Is No Longer Local, Which Employment Laws Apply?
Posted: December 8, 2020
The laws are changing rapidly in the current pandemic/crisis. Therefore, the legal issues discussed here are subject to constant change. It is best to consult with your counsel concerning any specific legal advice you may need.
Employees have traditionally worked from their employers’ offices or facilities. As a result, businesses only needed to concern themselves with the employment laws of the states (counties or cities) where they had physical locations….
Can Employers Require Mandatory Vaccinations?
Posted: October 22, 2020
The laws are changing rapidly in the current pandemic/crisis. Therefore, the legal issues discussed here are subject to constant change. It is best to consult with your counsel concerning any specific legal advice you may need.
As winter approaches and the pandemic continues, many employers are considering mandating that their employees get vaccinated (most commonly for the flu, and for COVID-19, if/when the vaccine becomes available)…
Don’t Let New York State’s Sick Leave Law Catch You Off Guard
Posted: September 10, 2020
The laws are changing rapidly in the current pandemic/crisis. Therefore, the legal issues discussed here are subject to constant change. It is best to consult with your counsel concerning any specific legal advice you may need.
New York State’s recently enacted paid sick leave law requires all private New York employers to provide their employees with paid (or unpaid) sick leave in varying amounts…
Five Types of Lawsuits That Are on The Rise – And What Employers Can Do About It
Posted: August 28, 2020
The laws are changing rapidly in the current pandemic/crisis. Therefore, the legal issues discussed here are subject to constant change. It is best to consult with your counsel concerning any specific legal advice you may need.
Many employees have been at home and not working due to the pandemic. Now, employers are bringing people back to work.
Those employers, however, are often omitting a crucial step – identifying the employees’ status in between stopping and starting work…
Do Employees Need to Sign (or Re-Sign) Employment Documents when They Are Brought Back to Work?
Posted: July 13, 2020
The laws are changing rapidly in the current pandemic/crisis. Therefore, the legal issues discussed here are subject to constant change. It is best to consult with your counsel concerning any specific legal advice you may need.
Employee-initiated litigation is back in full swing after a COVID-19-induced hiatus. As the pandemic continues to upend workplace norms and disrupt employment relations in unprecedented ways, employment litigation has taken on a unique spin. Below are five categories of employment-related lawsuits we expect to become more common, and suggestions on what employers can do now to avoid or mitigate risk…
Can Employees Get Paid Leave If Their Child’s Summer Camp Has Closed?
Posted: July 2, 2020
The laws are changing rapidly in the current pandemic/crisis. Therefore, the legal issues discussed here are subject to constant change. It is best to consult with your counsel concerning any specific legal advice you may need.
In April 2020, the Families First Coronavirus Response Act (“FFCRA”) obligated many employers to provide paid leave to employees who could not work because, among other reasons, their children’s school or “place of care” was closed, or their child care provider was unavailable…
How to Reopen Your New York Workplace
Posted: June 16, 2020
The laws are changing rapidly in the current pandemic/crisis. Therefore, the legal issues discussed here are subject to constant change. It is best to consult with your counsel concerning any specific legal advice you may need.
As New York employers prepare to reopen their workplaces or expand essential operations, safety measures remain one of their top concerns. Based on guidance that the State and other sources have released, here are the key specific steps and some requirements for New York…
To Test or Not to Test:Taking Temperatures, Virus Testing, and Antibody Testing for COVID-19
Posted: June 8, 2020
The laws are changing rapidly in the current pandemic/crisis. Therefore, the legal issues discussed here are subject to constant change. It is best to consult with your counsel concerning any specific legal advice you may need.
As many businesses are preparing to reopen their doors, employers are increasingly considering COVID-19 testing as a strategy to try to keep their employees safe from exposure to COVID-19 in the workplace. Employee testing promises the alluring notion that with the right tests…
SBA Clears Up Some Questions on Paycheck Protection Program (“PPP”) Loan Forgiveness
Posted: May 27, 2020
The laws are changing rapidly in the current pandemic/crisis. Therefore, the legal issues discussed here are subject to constant change. It is best to consult with your counsel concerning any specific legal advice you may need.
On May 15th, the SBA issued the PPP loan forgiveness application and related instructions, shedding light on a number of open questions companies have been asking. On May 22nd, the agency released an interim final rule covering the…
Is Electronic Productivity Monitoring Putting Your Business at Risk?
Posted: May 21, 2020
The laws are changing rapidly in the current pandemic/crisis. Therefore, the legal issues discussed here are subject to constant change. It is best to consult with your counsel concerning any specific legal advice you may need.
When “shelter in place” and “stay at home” orders swept the nation in response to the COVID-19 pandemic, employers scrambled to set up remote work arrangements for employees who could perform their jobs from home. Now, as these employers continue to manage…
Reopening Challenges: New EEOC Guidance Addresses Reasonable Accommodations for Higher-Risk Employees as They Return to Work
Posted: May 15, 2020
The laws are changing rapidly in the current pandemic/crisis. Therefore, the legal issues discussed here are subject to constant change. It is best to consult with your counsel concerning any specific legal advice you may need.
In a recent update on COVID-19-related guidance, the Equal Employment Opportunity Commission (EEOC), the federal agency tasked with, among other things, enforcing the Americans with Disabilities Act (ADA), addressed protections afforded to employees who are deemed to be at higher…
Deciding Who To Bring Back to Work? Be Wary of Discrimination Risks
Posted: May 12, 2020
The laws are changing rapidly in the current pandemic/crisis. Therefore, the legal issues discussed here are subject to constant change. It is best to consult with your counsel concerning any specific legal advice you may need.
With more businesses around the US getting the go-ahead to open again, and as businesses plan for their own reopening and ramping back up, many employers will face the reality that they can’t bring back all their…
When Not Working Is More Profitable Than Working
Posted: May 6, 2020
The laws are changing rapidly in the current pandemic/crisis. Therefore, the legal issues discussed here are subject to constant change. It is best to consult with your counsel concerning any specific legal advice you may need.
Businesses getting ready to reopen are contacting furloughed and temporarily laid off employees to discuss bringing them back to work. Instead of enthusiasm, however, some employers are meeting…
Beware Hasty Employment Actions
Retaliation Claims Can Follow
Posted: May 1, 2020
The laws are changing rapidly in the current pandemic/crisis. Therefore, the legal issues discussed here are subject to constant change. It is best to consult with your counsel concerning any specific legal advice you may need.
These interesting times often call for quick action and fast decisions, especially for essential businesses trying to juggle productivity and profits with health and safety concerns. Whether currently operating, or …
Back to Work? Considerations for Re-Opening the Workplace
Posted: April 23, 2020
The laws are changing rapidly in the current pandemic/crisis. Therefore, the legal issues discussed here are subject to constant change. It is best to consult with your counsel concerning any specific legal advice you may need.
Governments are making plans to re-start the economy and, in some parts of the country, moving forward. Although in most states, shelter-in-place orders are still in effect and most non-essential businesses remain closed…
A Quick Round-up of Recent State & Local COVID-19 Paid Leave Actions
Posted: April 21, 2020
The laws are changing rapidly in the current pandemic/crisis. Therefore, the legal issues discussed here are subject to constant change. It is best to consult with your counsel concerning any specific legal advice you may need.
As we have written before, all employers that have less than 500 employees are required to provide paid leave for certain COVID-19 related reasons. In determining leave obligations, however…
Useful Links to Businesses with On-Site Employees
Posted: April 16, 2020
The laws are changing rapidly in the current pandemic/crisis. Therefore, the legal issues discussed here are subject to constant change. It is best to consult with your counsel concerning any specific legal advice you may need.
Essential businesses are currently continuing to operate as they are able, and there is an expectation that others will be reopened on a rolling basis. Businesses with on-site employees need to be mindful…
An Update on the Payroll Protection Program (PPP)
Posted: April 15, 2020
The laws are changing rapidly in the current pandemic/crisis. Therefore, the legal issues discussed here are subject to constant change. It is best to consult with your counsel concerning any specific legal advice you may need.
Businesses are rushing to take advantage of the assistance provided by the CARES Act. While many have already submitted applications for PPP loans, others are wondering if they are eligible for the loan…
My employee is requesting leave due to COVID-19: Now what?
Posted: April 9, 2020
The laws are changing rapidly in the current pandemic/crisis. Therefore, the legal issues discussed here are subject to constant change. It is best to consult with your counsel concerning any specific legal advice you may need.
You may recall that about three weeks ago, the federal government enacted the Families First Coronavirus Response Act (“FFCRA”), which provides job-protected paid leave to employees affected by COVID-19…
Employment Law Issues In the Current Pandemic
Updated: April 17, 2020; Posted: April 2, 2020
The laws are changing rapidly in the current pandemic/crisis. Therefore, the legal issues discussed here are subject to constant change. It is best to consult with your counsel concerning any specific legal advice you may need.
VIDEO PRESENTED BY: Joel J. Greenwald, Esq. Managing Partner, Jessica Shpall Rosen, Esq. Partner and Zev Singer, Esq. Partner
Reminder Families First Coronavirus Response Act (FFCRA) Goes Into Effect April 1
Posted: April 1, 2020
The laws are changing rapidly in the current pandemic/crisis. Therefore, the legal issues discussed here are subject to constant change. It is best to consult with your counsel concerning any specific legal advice you may need.
As we have previously written about, the FFCRA goes into effect commencing today, April 1. The FFCRA makes employees eligible paid leave that is taken for certain COVID-19 related purposes…
What’s In The $2 Trillion Stimulus Package? Key Takeaways For Employers
Posted: April 1, 2020
The laws are changing rapidly in the current pandemic/crisis. Therefore, the legal issues discussed here are subject to constant change. It is best to consult with your counsel concerning any specific legal advice you may need.
The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was signed into law on March 27, 2020. The Act significantly expands small business lending, unemployment insurance, tax relief to individuals and businesses, among other things…
More Changes for Employers in New York, New Jersey and Connecticut
Posted: March 23, 2020
The laws are changing rapidly in the current pandemic/crisis. Therefore, the legal issues discussed here are subject to constant change. It is best to consult with your counsel concerning any specific legal advice you may need.
The Governors of New York, New Jersey, and Connecticut have all issued executive orders shuttering non-essential businesses to address the COVID-19 situation, but their approaches are slightly different. All, however require employees to telecommute, if possible, or otherwise remain home…
What does the Families First Coronavirus Response Act Mean for Employers?
Posted: March 20, 2020
The laws are changing rapidly in the current pandemic/crisis. Therefore, the legal issues discussed here are subject to constant change. It is best to consult with your counsel concerning any specific legal advice you may need.
President Trump signed the Families First Coronavirus Response Act (the “Act”) on Wednesday, March 18, 2020. This sweeping legislation addresses a plethora of concerns raised by the recent COVID-19 outbreak…
How to Make Do with Less: Layoffs, Reductions in Hours, and Reductions in Force
Posted: March 17, 2020
The laws are changing rapidly in the current pandemic/crisis. Therefore, the legal issues discussed here are subject to constant change. It is best to consult with your counsel concerning any specific legal advice you may need.
Considering the rapidly changing economic and social landscape caused by COVID-19, many employers find themselves wondering what might happen if they are unable to maintain their current workforce at its current level…
Answering Your Workplace Oriented Coronavirus Questions
Posted: March 6, 2020
The laws are changing rapidly in the current pandemic/crisis. Therefore, the legal issues discussed here are subject to constant change. It is best to consult with your counsel concerning any specific legal advice you may need.
It is hard to turn on the news without hearing about coronavirus. Many questions are being raised by employers on what to do. Should we send people home? If we do, must we pay them?…