The New York State Department of Labor (“NYSDOL”) has issued guidance on the State’s recently enacted COVID-19 vaccine leave law, which went into effect on March 12, 2021. As we previously reported, the law requires...more
On March 16, 2021, the CDC issued updated guidance for employers regarding COVID-19 vaccinations and the workplace. This guidance focuses on considerations for mandatory vaccination programs, reopening the workplace after...more
On March 10, 2021, New York State updated its quarantine guidance for individuals exposed to COVID-19. Under this new guidance, individuals who are fully vaccinated or have recently recovered from COVID-19 are no longer...more
On March 10, 2021, Congress passed the American Rescue Plan Act of 2021 (“Rescue Plan”), a $1.9 trillion COVID-19 relief package intended to provide continued economic relief to individuals, businesses, and state and local...more
The New York state legislature passed Bill S2588A/A3354B, which would amend the New York Labor Law to grant employees paid leave time for the COVID-19 vaccination. Below is a brief summary of what New York employers need to...more
On Wednesday, March 3, 2021, New York Governor Andrew Cuomo announced that domestic travelers to New York State who have been fully vaccinated for COVID-19 will no longer be required to quarantine or be tested upon arrival in...more
In this episode of The Proskauer Brief, partners Harris Mufson, Evandro Gigante, and Allan Bloom discuss key potential employment law changes under the Biden Administration. Tune in as we explore an evolving legal landscape...more
On January 20, 2021, the New York State Department of Labor issued new guidance on the state’s COVID-19 leave law, which requires that employers provide up to 14 days of job-protected leave to employees who are subject to a...more
The federal Families First Coronavirus Response Act (“FFCRA”), which requires that employers with fewer than 500 employees provide sick and family leave benefits for certain COVID-19 related reasons, is due to sunset on...more
In this episode of The Proskauer Brief, partners Harris Mufson and Evandro Gigante discuss the U.S. Equal Employment Opportunity Commission’s recent guidance for employers regarding mandatory COVID-19 vaccinations. On...more
12/23/2020
/ Americans with Disabilities Act (ADA) ,
Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Infectious Diseases ,
Vaccinations ,
Workplace Safety
Facing a government shutdown and the expiration of many of the relief programs included in the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) enacted in March 2020, on December 21, 2020, Congress passed...more
On December 16, the EEOC issued updated guidance for employers in light of the Food and Drug Administration’s (“FDA”) recent authorization of Pfizer’s COVID-19 vaccine for emergency use. Widespread vaccinations are largely...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 ,
Religious Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
On November 2, 2020, the Eastern District of New York issued a notable decision regarding an employer’s compliance with federal and state public health law during the COVID-19 pandemic. This is not the only case of its kind...more
11/9/2020
/ Amazon ,
Contact Tracing ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Policies ,
Health and Safety ,
OSHA ,
Paid Sick Leave ,
Primary Jurisdiction Doctrine ,
Public Nuisance ,
Social Distancing ,
Wage and Hour ,
Warehouses ,
Workplace Safety
New York State has released an informal guidance page, including frequently asked questions, regarding the newly enacted statewide paid sick leave law, which took effect on September 30, 2020....more
11/2/2020
/ Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Infectious Diseases ,
Leave of Absence ,
New Guidance ,
Paid Leave ,
Paid Sick Leave ,
Sick Leave ,
State Labor Laws ,
Wage and Hour
On October 28, New Jersey Governor Phil Murphy issued an Executive Order addressing health and safety requirements for New Jersey employers that require or permit their workers to be physically present in the office. The...more
On September 8, 2020, the EEOC released an updated technical assistance document addressing COVID-19 and the federal anti-discrimination laws enforced by the agency, including the Americans with Disabilities Act (“ADA”). Our...more
As we have previously reported, the Families First Coronavirus Response Act (FFCRA), which remains in effect through December 31, 2020, provides, among other things, that eligible employees can take up to 12 weeks of FMLA...more
8/29/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Guidance Update ,
Paid Leave ,
Popular ,
Public Health Emergency ,
Public Schools ,
Re-Opening Guidelines ,
School Closures
On August 21, 2020, the Centers for Disease Control and Prevention (“CDC”) updated its guidance on Travel during the COVID-19 Pandemic. Previously, the guidance recommended that travelers self-quarantine for 14 days after:...more
On August 3, Judge Paul Oetken of the Southern District of New York issued a decision invalidating various portions of the Department of Labor’s rules implementing the federal Families First Coronavirus Response Act...more
8/13/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
EFMLA ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family Medical Leave ,
Final Rules ,
Health Care Providers ,
Intermittent Leave ,
Lack of Authority ,
Paid Leave ,
Paid Sick Leave ,
Partial Reversal ,
Vacated ,
Work Availability Requirement
The CDC has issued interim guidance on antibody testing for the SARS-CoV-2 coronavirus that causes COVID-19. While the guidance is primarily directed at clinical and public health entities, it does contain some information...more
On May 12, 2020, the U.S. House of Representatives introduced the Health and Economic Recovery Omnibus Emergency Solutions Act (“HEROES Act”), which, among other things, would significantly expand coverage and benefits...more
5/16/2020
/ Coronavirus/COVID-19 ,
EFMLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Medical Leave ,
Paid Leave ,
Proposed Legislation ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Wage and Hour
New York State has issued detailed guidance on Governor Cuomo’s “New York Forward” Plan, under which the State will re-open in four phases on a regional basis. The guidance includes additional information regarding: (1) when...more
5/15/2020
/ Agricultural Sector ,
Compliance ,
Construction Industry ,
Contact Tracing ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Forestry ,
Manufacturers ,
Medical Monitoring ,
Non-Essential Businesses ,
Personal Protective Equipment ,
Public Health ,
Public Safety ,
Re-Opening Guidelines ,
Retailers ,
Virus Testing ,
Workplace Decontamination ,
Workplace Safety
The New York City Department of Health has issued a standing Order that creates a process for those who live or work in the City to receive the documentation needed to claim leave in certain circumstances under the New York...more
The U.S. Department of Labor (DOL) recently issued an update to its Unemployment Insurance Program Letter (UIPL) 16-20 to provide additional guidance on the CARES Act’s Pandemic Unemployment Assistance (PUA) program in...more
In his daily press conference on April 26, 2020, New York Governor Andrew Cuomo announced a plan to re-open the state in phases on a regional basis. Under the plan, businesses will re-open on a business-by-business level...more