On December 17, 2021, a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit lifted the nationwide injunction against the COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) issued by...more
12/21/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Human Resources Professionals ,
Infectious Diseases ,
OSHA ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 15, 2021, New York City followed up on the recently announced vaccine mandate for private employers by releasing further details, including several guidance documents and mandatory signage. The New York City...more
Last week, as widely reported, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) to Protect Workers from the COVID-19 (see full details in our...more
On November 4, 2021, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) released the long-awaited COVID-19 Emergency Temporary Standard (ETS) for employers with 100 or more employees. At the...more
On October 8, 2021, the New York State Department of Labor (“NYSDOL”) issued guidance in the form of Frequently Asked Questions (“FAQs” or the “Guidance”) to assist employers in navigating the Marijuana Regulation and...more
As we previously advised, the City of New York amended its Fair Chance Act (“FCA”)—also known as the “ban the box” law—which limits the types of inquiries employers can make regarding criminal history during the hiring...more
The clock is now running: New York employers have until August 5, 2021, to adopt workplace safety plans, in accordance with the NY HERO Act (“Act”). As we previously reported, Governor Andrew Cuomo signed the Act into law on...more
7/12/2021
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Governor Cuomo ,
Human Resources Professionals ,
Infectious Diseases ,
New York ,
Personal Protective Equipment ,
Policies and Procedures ,
Re-Opening Guidelines ,
Social Distancing ,
Workplace Safety
On June 15, 2021, the Office of General Counsel of the National Labor Relations Board (“NLRB” or “Board”) released an Advice Memorandum, explaining that an Illinois pub did not commit an unfair labor practice when it fired an...more
Taking the lead on permanently enshrining COVID-19-related health and safety protocols into law, on May 5, 2021, New York Governor Andrew Cuomo signed A2681B/S1034—the Health and Essential Rights Act (“HERO Act” or “Act”)....more
5/14/2021
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Governor Cuomo ,
Health and Safety ,
Human Resources Professionals ,
Infectious Diseases ,
New York ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Workplace Safety
As we recently reported, as of March 12, 2021, all private employers in New York must provide their employees with up to four hours of paid leave to get each COVID-19 vaccination shot. The State has now released guidance on...more
New York employers no longer have to ponder if and how they should incentivize their employees to get vaccinated. Effective March 12, 2021, Senate Bill S2588A creates Labor Law Section 196-C, “Leave for COVID-19 Vaccination”...more
Mayor Bill de Blasio recently signed two bills, Int. No. 1415-A and Int. No. 1396-A, into law (collectively, the “Laws” or “Law”) that will have a dramatic impact on fast-food employment. Effective July 4, 2021, the Laws will...more
In response to a lawsuit brought by New York State (“State”), the U.S. District Court for the Southern District of New York has invalidated four provisions of the U.S. Department of Labor’s (“DOL”) Final Rule (“Rule”)...more
8/17/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Families First Coronavirus Response Act (FFCRA) ,
Health and Safety ,
Infectious Diseases ,
Paid Leave ,
Public Health ,
Sick Leave ,
Wage and Hour ,
Workplace Safety
Since releasing our Advisory on January 30, 2020, there have been significant developments in connection with the 2019 Novel Coronavirus (“COVID-19” or “Coronavirus”). For example, on February 25, 2020, the U.S. Centers for...more
3/2/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Employer Liability Issues ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
Infectious Diseases ,
Interim Guidance ,
OSHA ,
Presidential Proclamations ,
Public Accommodation ,
Public Health ,
Traveling Employee ,
World Health Organization
The National Labor Relations Board has announced the issuance of its final rule governing joint-employer status. The new rule, which was first proposed in September 2018 and has been the subject of extensive public comment,...more
2/26/2020
/ Browning-Ferris Industries of California Inc. ,
Employer Liability Issues ,
Federal Labor Laws ,
Final Rules ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Regulatory Reform ,
Regulatory Requirements ,
Rulemaking Process ,
Staffing Agencies ,
Unions ,
Wage and Hour
A Trending News interview from Employment Law This Week®, featuring attorney Steve Swirsky, Member of the Firm:
The National Labor Relations Board (NLRB) ended the year with a flurry of activity, including the relaxing of...more
1/6/2020
/ Collective Bargaining ,
Confidentiality Policies ,
Dues Checkoff ,
Email ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
NLRA ,
NLRB ,
Protected Activity ,
Purple Communications ,
Quickie Election Rules ,
Reversal ,
Unions ,
Workplace Investigations
The National Labor Relations Board, in its December 17th decision in Apogee Retail LLC d/b/a Unique Thrift Store, has reversed its prior rule and held that employer requirements that employees treat workplace investigations...more
12/24/2019
/ Banner Estrella Medical Center ,
Boeing ,
Civil Rights Act ,
Complaint Procedures ,
Confidentiality Policies ,
Employer Liability Issues ,
Employment Policies ,
Labor Law Violations ,
Labor Regulations ,
New Guidance ,
NLRA ,
NLRB ,
Policies and Procedures ,
Section 7 ,
Sex Discrimination ,
Sexual Harassment ,
Title VII ,
Unduly Burdensome ,
Workplace Investigations
On April 9, 2019, a proposed bill, Int. 1445-A (“Bill”), which prohibits employers from pre-employment drug testing for marijuana and tetrahydrocannabinols (“THC,” the active ingredient in marijuana), was passed by the New...more
4/17/2019
/ Collective Bargaining Agreements (CBA) ,
Department of Transportation (DOT) ,
Drug Testing ,
Drug-Free Workplace Act ,
Employer Liability Issues ,
Employment Policies ,
Federal Contractors ,
Hiring & Firing ,
Job Applicants ,
Marijuana ,
Mayor de Blasio ,
OSHA
On March 1, 2019, when Governor Phil Murphy signed into law Senate Bill No. 1567, “An Act concerning pre-tax transportation fringe benefits” (“NJ Transit Benefits Law” or “Law”), New Jersey became the first state to require...more
4/2/2019
/ Collective Bargaining Agreements (CBA) ,
Compensation & Benefits ,
Employee Benefits ,
Employer Liability Issues ,
Fringe Benefits ,
Internal Revenue Code (IRC) ,
New Legislation ,
State and Local Government ,
Tax Cuts and Jobs Act ,
Transit Benefits ,
Unions ,
Wage and Hour
Technology, media, and telecommunications organizations are at the forefront of tackling new challenges in handling employee information and managing employee populations. As legislatures (from the federal level down to...more
3/26/2019
/ #MeToo ,
Cybersecurity ,
Data Protection ,
Digital Media ,
Employer Liability Issues ,
General Data Protection Regulation (GDPR) ,
Human Resources Professionals ,
Over-Time ,
Sexual Harassment ,
Telecommunications ,
Unions ,
Wage and Hour ,
White-Collar Exemptions
On August 24, 2018, New York State launched a website called “Combating Sexual Harassment in the Workplace,” relating to the suite of sexual harassment laws passed earlier this year. The website contains (i) a model sexual...more
Hospitality employers, like employers in many other service-related industries, are challenged by having to persistently focus on staying competitive and increasing profits in oversaturated markets. However, focusing on these...more
As the hospitality industry continues to grow and expand, one common goal is to provide all-inclusive experiences for visitors and patrons. Unfortunately, given the breadth of the goods and services offered to the public and...more
9/24/2015
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Benefit Plan Sponsors ,
Browning-Ferris Industries of California Inc. ,
Cadillac Tax ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Franchises ,
Hospitality Industry ,
Independent Contractors ,
Joint Employers ,
McDonalds ,
NLRA ,
NLRB ,
OSHA ,
Public Accommodation ,
Reporting Requirements ,
SEIU ,
Service Animals ,
Title III ,
Wage and Hour ,
White-Collar Exemptions
For those liberals and conservatives who do not think of themselves as “joint employers” of their doctors, lawyers, pet groomers, personal trainers, disc jockeys, and baristas, the National Labor Relations Board (“NLRB” or...more
9/15/2015
/ Best Practices ,
Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Employer Liability Issues ,
Franchises ,
Joint Employers ,
Jurisdiction ,
Multi-Factor Test ,
NLRA ,
NLRB ,
Right to Control ,
Staffing Agencies ,
Subcontracts ,
Unions
Retailers will be busy this summer attempting to conform their policies and procedures to various local, state, and federal laws, such as the spate of state and city sick leave laws, and analyzing proposed amendments by the...more
6/1/2015
/ Affordable Care Act ,
Ambush Election Rules ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
New Legislation ,
NLRB ,
Popular ,
Proposed Regulation ,
Retailers ,
Sick Leave ,
Wage and Hour ,
Wellness Programs