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American Rescue Plan: FFCRA Leave and Expansion of Pandemic Unemployment Assistance

The American Rescue Plan Act of 2021 (“ARPA”), signed by President Biden on March 11, 2021, once again gives covered employers the right to voluntarily decide to continue to provide qualified leave under the Emergency Paid...more

New York Employees Now Entitled to Paid Leave for COVID-19 Vaccination

New law provides up to four hours of paid leave for vaccination: On March 12, 2021, New York Governor Andrew Cuomo signed legislation entitling New York employees to up to four hours of paid leave to receive COVID-19...more

EEOC Revises Enforcement Guidance on Religious Discrimination

The Equal Employment Opportunity Commission (“EEOC”) recently updated its Compliance Manual Section on Religious Discrimination, seeking to clarify how Title VII of the Civil Rights Act of 1964 (“Title VII”) protects...more

New York State Issues New Guidance Clarifying Eligibility for COVID-19 Leave

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 fourteen days of job-protected leave to eligible employees who are...more

The EEOC Issues Clarifying Guidance about COVID-19 Vaccines in the Workplace

Last week, the Equal Employment Opportunity Commission (“EEOC”) updated its COVID-19 guidance to address workplace issues related to COVID-19 vaccines, including mandatory vaccination policies. According to the EEOC,...more

Amendments to the New York City Earned Safe and Sick Time Act

In April 2020, Governor Andrew Cuomo signed into law new paid sick/safe leave requirements for all New York State employers (the “State Law”). We provided a summary of the State Law in our previous client alert. On...more

Department of Labor Announces Proposed Regulations Regarding Worker Classification Under the FLSA

On September 22, the U.S. Department of Labor ("DOL") announced new proposed regulations regarding when workers can be classified as independent contractors under the Fair Labor Standards Act (“FLSA”). The FLSA requires...more

Reminder to New York Employers: Sick-Leave Law Compliant Policy due September 30, 2020

As we mentioned in an earlier post, New York recently enacted a permanent sick leave policy requiring all employers in New York State, regardless of size, to provide sick leave to their employees. Although employers are not...more

DOL Issues Revised Regulations on COVID-19-Related Leave Under the FFCRA

The U.S. Department of Labor (“DOL”) has issued revised regulations regarding the availability of paid sick leave and expanded family and medical leave under the Families First Coronavirus Response Act (“FFCRA”). These...more

Department of Labor Issues Additional Guidance on COVID-19-Related Leave Based on School Reopening

With many students heading back to school, the U.S. Department of Labor (“DOL”) has issued additional guidance on when employees are eligible for leave under the Families First Coronavirus Response Act (“FFCRA”) based on the...more

Federal Judge in SDNY Strikes Down Key Limitations on Leave Under the FFCRA

This past Monday, a federal district court in New York struck down several portions of the regulations issued by the U.S. Department of Labor (“DOL”) implementing the emergency family leave and paid sick leave provisions of...more

Department of Labor Issues New Guidance, Including Much Needed Guidance on Telework

On July 20, 2020, the Wage and Hour Division (“WHD”) of the U.S. Department of Labor (“DOL”) published further guidance regarding the protections and requirements of certain Acts—the Fair Labor Standards Act (“FLSA”), the...more

Update on New York State’s COVID-19 Sick Leave: Employees Who Engage in Non-Essential Travel to High Risk States Are Ineligible

On March 18, 2020, New York Governor Andrew Cuomo signed into law legislation (the “Act”) providing all New York employees with COVID-19-related sick leave (discussed in our previous alert). On June 24, 2020, Governor Cuomo...more

Supreme Court Holds LGBTQ+ Workers Protected Nationwide

In a landmark decision issued on Monday, Bostock v. Clayton County, the Supreme Court ruled that workers across the United States cannot be fired or otherwise discriminated against for being gay, lesbian, or transgender. ...more

The Legal and Practical Considerations of Re-Opening Workplaces in the COVID-19 Era: Part Two – Legal Considerations, FAQS, and...

In Part One of this alert, we discussed several practical considerations that employers should bear in mind as they plan for the safe return of their employees to the workplace. Here, in Part Two, we explain how employers...more

The Legal and Practical Considerations of Re-Opening Workplaces in the COVID-19 Era: Part One – Practical Considerations

With no certainty about when a vaccine will be widely available to the general public, and all ?fty states beginning to lift their shutdown orders, it has become clear that businesses will need to prepare for the reality of...more

EEOC Issues Guidance on the Permissibility of Mandatory COVID-19 Testing in the Workplace

On April 23, 2020, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued new guidance clarifying that employers may conduct mandatory testing of employees for COVID-19 before they enter the workplace so long as the...more

COVID-19 Update: Additional Guidance and Developments for Employers

As the COVID-19 pandemic and ensuing widespread shutdown of workplaces around the country continues (and for New Yorkers is expected to continue through at least May 15), government agencies have been busy issuing guidance...more

New York Statewide Paid Sick Leave is Here to Stay

Effective January 1, 2021, the majority of workers in New York will receive paid sick leave. On April 2, 2020, as part of New York’s budget approval process, the New York legislature and Governor Cuomo enacted a permanent...more

New York Court of Appeals Delivers News to Employers in Postmates Case: Couriers are Employees, Not Independent Contractors

The New York State Court of Appeals recently issued a decision in a closely-watched case that helps to clarify the landscape regarding independent contractors and employees in the gig economy. In In the Matter of the Claim...more

Documentation Requirements for COVID-19-Related Leave

As employees begin requesting leave under the recently-passed New York legislation providing COVID-19-related sick leave (the “New York Act”) and the Families First Coronavirus Response Act (the “FFCRA”), employers should...more

CARES Act: Unemployment Relief

On March 27, 2020, the President signed into law the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act” or the “Act”), a $2 trillion COVID-19 relief and stimulus package that offers extraordinary financial...more

Federal WARN and NYS Mini-WARN: Obligations for Employers in Light of COVID-19

As employers navigate the challenges of the COVID-19 public health crisis, many have been forced to consider difficult decisions about laying off and furloughing employees, or otherwise reducing employee work hours. In...more

Update on Federal Requirements for COVID-19 Related Leave: DOL Guidance and Model Notice

The U.S. Department of Labor has issued additional guidance on the Families First Coronavirus Response Act (the “Act”), which the President signed into law on March 18. As a reminder, the Act imposes new obligations on...more

COVID-19 Reporting and Privacy Issues

The COVID-19 pandemic has raised new and important questions for employers, including those about balancing employee privacy with the need to warn employees about possible exposure to the novel coronavirus. Here are some...more

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