The New York City Commission on Human Rights (the “Commission”) has issued updated legal enforcement guidance on the NYC Fair Chance Act (“FCA”) and employers’ consideration of criminal history in hiring and during...more
8/4/2021
/ Background Checks ,
Ban the Box ,
Conditional Job Offers ,
Criminal Background Checks ,
Employer Liability Issues ,
Employment Discrimination ,
Enforcement Guidance ,
Fair Chance Act ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
Local Ordinance ,
NYCHRL
Mayor Bill de Blasio has announced that New York City will become the first major city in the United States to mandate COVID-19 vaccination for workers and patrons of indoor dining, indoor fitness, and indoor entertainment...more
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
With Election Day just around the corner, we are highlighting some of the issues facing employers in a series of posts on election-related issues. In our first installment, we looked at employee protections around political...more
With Election Day just around the corner, we’ll be highlighting some of the issues facing employers in a two-part series on elections and the workplace. In this first installment, we’ll look at employee protections around...more
10/5/2020
/ 501(c)(3) ,
Employee Privacy Rights ,
Employment Policies ,
Free Speech ,
NLRA ,
NLRB ,
Off-Duty Employees ,
Political Speech ,
Presidential Elections ,
Social Media ,
State Labor Laws
*** 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 September 11, 2020 the U.S. Department of Labor (“DOL”) issued revised Families First Coronavirus Response Act (“FFCRA”) regulations in response to a federal court decision striking down certain portions of its previous...more
9/18/2020
/ Department of Labor (DOL) ,
Families First Coronavirus Response Act (FFCRA) ,
Family Medical Leave ,
Health Care Providers ,
Intermittent Leave ,
New York ,
Notice Requirements ,
Paid Leave ,
Paid Sick Leave ,
Required Documentation ,
Temporary Regulations
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
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 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
As we have previously reported, the United States Department of Labor (DOL) continues to update its COVID-19 guidance. Most recently, on July 20, 2020, the DOL issued additional Q and A guidance related to COVID-19 and the...more
7/27/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Guidance Update ,
Hazard Pay ,
New Guidance ,
Non-Exempt Employees ,
Sick Employees ,
Telecommuting ,
Wage and Hour
Amid the COVID-19 pandemic, Colorado Governor Jared Polis signed the Healthy Families and Workplaces Act (“the Act”) into law. Beginning next year (or later for small employers), the Act will require employers in Colorado to...more
On June 26, 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) issued Field Assistance Bulletin (“FAB”) No. 2020-4, providing guidance on when an employee may take leave pursuant to the Families First...more
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
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
As previously announced, the New York City Council has introduced an expansive package of COVID-19 bills that, among other things, propose sweeping protections for “essential” workers. The significance of this proposed...more
5/1/2020
/ At-Will Employment ,
City Councils ,
Employee Benefits ,
Employee Retention ,
Employee Rights ,
Hiring & Firing ,
Operators of Essential Services ,
Premium Pay ,
Proposed Legislation ,
Safe Leave ,
Sick Leave ,
Wage and Hour
On April 10, 2020, the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued guidance clarifying certain employers’ recording requirements regarding cases of COVID-19. Under the new guidance,...more
On April 3, 2020, New York Governor Andrew Cuomo signed into law the fiscal year 2021 New York State budget, which, notably for employers, includes a new statewide paid sick leave requirement. As described below, the new...more
On March 25, 2020, New York State published Frequently Asked Questions and other guidance regarding the state’s recently enacted Covid-19 Paid Sick Leave Law and expansions to New York’s Paid Family Leave Law (PFL) and...more
*** Last updated March 28, 2020 ***
The recently-passed Family First Coronavirus Response Act (FFCRA), which provides paid sick leave and emergency family leave, has raised many questions for employers. The US Department...more
On March 24, 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) published much anticipated initial guidance on the federal Family First Coronavirus Response Act (“FFCRA”)....more
3/27/2020
/ Child Care ,
Covered Employer ,
Department of Labor (DOL) ,
EFMLA ,
EPSLA ,
Exemptions ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Full-Time Employees ,
New Guidance ,
Part-Time Employees ,
School Closures ,
Sick Leave ,
Sick Pay
On March 25, 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) released the model notice that covered employers must post regarding the Families First Coronavirus Response Act (“FFCRA”), along with...more
On March 18, 2020, President Trump signed into the law the Family First Coronavirus Response Act (the “Family First Act” or the “Act”). The Family First Act is a package of provisions aimed at providing emergency relief and...more