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
As the recent Coronavirus outbreak continues, the Centers for Disease Control and Prevention (CDC) has released guidance specifically for employers, outlining recommendations and best practices to protect their workplaces....more
2/11/2020
/ Americans with Disabilities Act (ADA) ,
Business Travel ,
Centers for Disease Control and Prevention (CDC) ,
Family and Medical Leave Act (FMLA) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hospitality Industry ,
Human Resources Professionals ,
Infectious Diseases ,
Interim Guidance ,
OSHA ,
Public Health ,
Wage and Hour ,
Workplace Safety ,
World Health Organization
To assist you in preparing for potential impact to your workplace and employees from the Coronavirus or other infectious diseases, we have put together the following list of action steps...more
News that multiple cases of the newly-identified 2019 Novel Coronavirus have reached the United States have prompted employers to think about employee safety and ways to address disease prevention in the workplace. Although,...more
1/29/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Equal Employment Opportunity Commission (EEOC) ,
General Duty Clause ,
Hospitality Industry ,
Infectious Diseases ,
OSHA ,
Personal Protective Equipment ,
Recordkeeping Requirements ,
Reporting Requirements ,
Risk Management ,
Workplace Safety ,
World Health Organization
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
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
Heeding the adage “no one knows what the future may hold,” the Seventh, Eighth and Eleventh Circuits have uniformly refused to extend protections of the Americans with Disabilities Act (ADA) to employees with a perceived risk...more
11/14/2019
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Corporate Counsel ,
Disability ,
Disability Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Essential Functions ,
Future Impairment ,
Hiring & Firing ,
Job Applicants ,
Split of Authority ,
Wrongful Termination
Proskauer’s 24th Annual Trick or Treat Seminar was held on Wednesday, October 31 and discussed timely topics and best practices specifically tailored to the not-for-profit community.
The seminar discussed...more
As we previously reported, effective October 30, 2019, Westchester County, NY employers are required to provide paid leave to employees who are victims of domestic violence or human trafficking (“safe time”). Leave under the...more
As we previously reported, on August 12, 2019, New York State Governor Andrew Cuomo signed into law significant legislation to expand workplace anti-discrimination protections. The State has now updated its FAQs to provide...more
Another Election Day is just around the corner. And with nearly every state having at least one law addressing voting leave and/or other political-related activities, it can be easy to get tripped up in the details. In...more
The New York City Commission on Human Rights has issued new enforcement guidance on discrimination based on actual or perceived national origin or immigration status in employment, as well as in housing and public...more
10/16/2019
/ Employee Training ,
Employment Discrimination ,
Enforcement ,
Evidence ,
Housing Discrimination ,
Immigration and Customs Enforcement (ICE) ,
Immigration Reform and Control Act (IRCA) ,
Immigration Status Discrimination ,
National Origin Discrimination ,
New Guidance ,
NYCHRL ,
Public Accommodation ,
Raids ,
Social Security Administration (SSA) ,
Unfair Immigration-Related Practices ,
Workplace Investigations
The San Antonio, Texas City Council has approved revisions to the city’s sick and safe leave ordinance, which is now scheduled take effect on December 1, 2019. ...more
The U.S. Department of Labor Wage and Hour Division is proposing revisions to its model notice of rights, certification, and designation forms under the federal Family and Medical Leave Act (FMLA). Employers may, but are not...more
New York Governor Andrew Cuomo has signed into law amendments to the New York State Human Rights Law (NYSHRL) that expand protections for employees who are victims of domestic violence. The amendments will take effect on...more
On August 12, 2019, Governor Andrew Cuomo signed into law significant expansions to workplace anti-discrimination protections in New York State.
As we previously reported in detail, the new legislation includes numerous...more
In this episode of The Proskauer Brief, partner Evandro Gigante and associate Laura Fant discuss the recent New York law prohibiting discrimination on the basis of certain hairstyles. This law expands the definition of race...more
The push to eliminate inquiries into job applicants’ salary history continues, as New Jersey has enacted a statewide law that will restrict employers from obtaining and utilizing applicants’ salary history information during...more
Oregon is the latest state to enact a paid family and medical leave law. The law, which will cover all employers with one or more employees working in Oregon, establishes a state-managed insurance program with employers and...more
7/24/2019
/ Anti-Retaliation Provisions ,
Employee Benefits ,
Employee Contributions ,
Employer Contributions ,
Family and Medical Leave Act (FMLA) ,
Medical Leave ,
New Legislation ,
Notice Requirements ,
Paid Family Leave Insurance Program ,
Paid Family Leave Law ,
Paid Leave ,
State Labor Laws
Implementation of the City of San Antonio’s paid sick leave ordinance has been delayed pending a legal challenge, less than two weeks before the ordinance’s scheduled effective date of August 1, 2019....more
Toledo, Ohio is the latest jurisdiction (and the second city in Ohio) to enact a law that will prohibit employers from asking job applicants about salary history....more
7/16/2019
/ Employer Liability Issues ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Human Resources Professionals ,
Job Applicants ,
Local Ordinance ,
Private Right of Action ,
Remedies ,
Salary/Wage History ,
State Labor Laws