The New York state legislature passed the Hero Act, which would require all employers in New York to implement certain safety standards and adopt a prevention plan to protect against further spread of COVID-19 and other...more
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
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
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 14, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) approved a formal opinion letter clarifying that non-U.S. citizen employees of American employers working outside the United States need not be...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
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
*** UPDATE: Mayor de Blasio signed the bill into law on September 28, and it will take effect on September 30, 2020, except as otherwise set forth below. ***
The New York City Council has passed a bill aimed at aligning...more
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
The Equal Employment Opportunity Commission (“EEOC”) has released new informal guidance directed at employees regarding use of opioids and employer obligations under the Americans with Disabilities Act (“ADA”). The EEOC also...more
8/11/2020
/ Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Drug Testing ,
Drug Treatment ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Health Care Providers ,
Medication-Assisted Treatment (MAT) ,
New Guidance ,
Opioid ,
Prescription Drugs ,
Reasonable Accommodation ,
Substance Abuse
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
On April 10, 2020, the Department of Labor (“DOL”) released corrections to the regulations implementing the Emergency Family and Medical Leave Expansion Act (“EFMLEA”) and the Emergency Paid Sick Leave Act (“EPSLA”)...more
On March 14, 2020, the U.S. House of Representatives overwhelmingly passed H.R. 6201, also known as the Family First Coronavirus Response Act (the “Family First Act”), in an effort to provide emergency relief and support...more
3/17/2020
/ Coronavirus/COVID-19 ,
Emergency Response ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Medical Leave ,
Paid Leave ,
Paid Sick Leave Act ,
Proposed Legislation ,
State of Emergency ,
Tax Credits
Declaration of Coronavirus Pandemic by the World Health Organization -
On March 11, 2020, the World Health Organization (WHO) declared a global pandemic regarding the 2019 Novel Coronavirus (also referred to as COVID-19, but...more
As employers are likely aware, cases of the 2019 Novel Coronavirus (also referred to as COVID-19, but more commonly known simply as the “Coronavirus”) continue to spread. While the U.S. Centers for Disease Control and...more
2/26/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Crisis Management ,
Employer Liability Issues ,
Infectious Diseases ,
Medical Leave ,
OSHA ,
Public Health ,
Reasonable Accommodation ,
Risk Management ,
Traveling Employee ,
US State Departments ,
Workplace Safety ,
World Health Organization
New Jersey Governor Phil Murphy has unveiled a sweeping legislative proposal regarding harassment in the workplace, as well as in housing, public accommodations, and business relationships. The proposal would amend the NJ Law...more
The New York State Department of Labor (NYSDOL) has published guidance on the state’s salary history inquiry law, which went into effect on January 6, 2020. As we previously reported, the law prohibits employers from...more
The New Jersey Senate has passed a bill that would amend the New Jersey Millville Dallas Airmotive Plant Loss Job Notification Act, more commonly referred to as the “NJ WARN Act,” to require severance payments and increase...more
Effective January 11, 2020, the New York City Human Rights Law (“NYCHRL”) has been amended to expand protections under the law to freelancers and independent contractors. Significantly, this includes the requirement that...more
1/15/2020
/ Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Local Ordinance ,
NYCHRL ,
Reasonable Accommodation ,
Sexual Harassment
In this episode of The Proskauer Brief, partners Harris Mufson and Evandro Gigante discuss considerations and best practices associated with reductions in force. Companies that make a business decision to reduce its staffing...more
1/9/2020
/ Best Practices ,
Disclosure Requirements ,
Disparate Impact ,
Employer Liability Issues ,
Hiring & Firing ,
Involuntary Reduction in Force ,
Notice Requirements ,
OWBPA ,
Podcasts ,
Protected Class ,
Risk Assessment ,
Severance Agreements ,
Voluntary Reduction in Force ,
WARN Act
2019 was a busy year for lawmakers across the nation, underscoring the need for employers to remain apprised of all the new laws that will be taking effect in 2020. Below we summarize some of the significant developments...more
12/27/2019
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Arbitration Agreements ,
Artificial Intelligence ,
Data Privacy ,
DFEH ,
Drug Testing ,
Employee Training ,
Employer Liability Issues ,
Exemptions ,
Federal Arbitration Act ,
Gender Identity ,
Local Ordinance ,
Medical Marijuana ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
NYSHRL ,
Paid Leave ,
Preemption ,
Right to Privacy ,
Salary/Wage History ,
SCOTUS ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
SHIELD Act ,
State Labor Laws ,
Statute of Limitations ,
Title VII
The Colorado Department of Labor and Employment (the “Department”) has published proposed regulations that would make significant changes to the state’s wage and hour laws. The proposed provisions, collectively termed the...more
12/16/2019
/ Accrual Requirements ,
Employer Liability Issues ,
Employment Contract ,
Forfeiture ,
Minimum Salary ,
Minimum Wage ,
Over-Time ,
Posting Requirements ,
Proposed Regulation ,
Rest and Meal Break ,
State Labor Departments ,
State Labor Laws ,
Vacation Pay ,
Wage and Hour ,
Wage Credits
As we approach the New Year, employers should keep in mind that several updates to the New York Paid Family Leave Law (“NYPFLL”) are scheduled to take effect on January 1, 2020....more
New York Governor Andrew Cuomo has signed into law a bill which, effective immediately, prohibits employers from accessing information on employees’ or dependents’ reproductive health without prior consent....more
11/19/2019
/ Anti-Discrimination Policies ,
Anti-Retaliation Provisions ,
Back Pay ,
Civil Monetary Penalty ,
Employee Handbooks ,
Employee Privacy Rights ,
Employer Liability Issues ,
Governor Cuomo ,
Injunctive Relief ,
Liquidated Damages ,
Prior Express Consent ,
Reproductive Discrimination ,
State Labor Laws ,
Waivers