News & Analysis as of

Essential Functions Coronavirus/COVID-19

Ogletree, Deakins, Nash, Smoak & Stewart,...

Connecticut Appellate Court Upholds Employer’s Right to Require In-Office Work

The Connecticut Appellate Court recently affirmed summary judgment in favor of a law firm employer, holding that a legal assistant’s request to work entirely remotely during the COVID-19 pandemic was not a reasonable...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Upholds Employer's Denial of Remote Work During Pandemic

During the COVID-19 pandemic and afterwards, employers have faced a growing number of requests for remote work arrangements based on a medical disability. The Americans with Disabilities Act requires employers to grant...more

Bricker Graydon LLP

Is it Essential I Come Back to My Cubicle? Maybe.

Bricker Graydon LLP on

Seems like every other day we hear about some company calling employees back to the office. Some go better than others. I am not the first person to say this, but we’re entering and setting up camp in a new era of work....more

Parker Poe Adams & Bernstein LLP

How Employers Can Navigate Return to Office as Workers Seek Remote Accommodations

Over the past two years, we have received an increasing number of inquiries from clients regarding their return to the office policies. While some workers object to the end of remote work due to lifestyle preferences, others...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Weighs in for the First Time Since COVID-19 as to When Remote Work Can Be Reasonable Accommodation

Fifth Circuit precedent recognizes the “general consensus among courts” that regular, in-person work is an essential function of most jobs. Yet the continued viability of this premise has been in question, given the ability...more

Bailey & Glasser, LLP

Remote Work Accommodation Requests in a Post-COVID World: How “Essential” is the Office Anyway?

Bailey & Glasser, LLP on

After nearly two years of having the flexibility to work from home, it’s not hard to understand why many employees are reluctant to return to the “old ways” of business casual attire, hour-long commutes, and five days per...more

Harris Beach Murtha PLLC

In It For The Long Haul: Employer Obligations To Employees With Long COVID Symptoms

Some people continue experiencing COVID-19 symptoms for weeks or months after first developing COVID-19. The Centers for Disease Control and Prevention have defined “long COVID” as “new or ongoing symptoms that can last weeks...more

Franczek P.C.

Lawsuit Against Governor and Nearly 150 School Districts Seeks to Block Mask Mandates and other COVID-19 Precautions

Franczek P.C. on

154 school districts, Governor Pritzker, IDPH and ISBE have been sued in an attempt to abolish school district masking and quarantine requirements. The complaint was filed on October 20, 2021 in Macoupin County Circuit Court....more

Jackson Lewis P.C.

United States to Open Borders with Canada and Mexico for Vaccinated Nationals Beginning November

Jackson Lewis P.C. on

The United States will open its northern and southern land borders to fully vaccinated foreign nationals sometime in November 2021. When this happens, it will be the first time since March 2020 that these individuals will be...more

Parker Poe Adams & Bernstein LLP

Long-Term COVID-19 Symptoms Raise Specter of Future Failure-to-Hire Claims

Earlier this summer, the U.S. Equal Employment Opportunity Commission reminded employers that people suffering long-term COVID-19 symptoms could be entitled to reasonable accommodations under the Americans with Disabilities...more

Ervin Cohen & Jessup LLP

LA City Council Joins County, Passing “Hero Pay” for Grocery Workers

On February 24, 2021, the Los Angeles City Council voted 14-1 to pass an ordinance mandating that employers provide $5/hour in additional premium hazard pay for on-site grocery and drug retail workers. The ordinance is...more

Foley & Lardner LLP

Do I Have to Return to Work During the Pandemic? Massachusetts Federal Court Grants Reprieve to Asthmatic Employee

Foley & Lardner LLP on

It is just a matter of time before most employers will have to decide whether and when it is legally permissible to require their respective workforces to return to the office after months of teleworking during the ongoing...more

Jaburg Wilk

JAN Speaks, and We Should Listen . . . Sorry, Marcia.

Jaburg Wilk on

The COVID pandemic has created unprecedented change in our lives and the workplace is no exception. Employers have had to scramble to meet accommodation requests in an unsure and novel environment. One of my favorite...more

Morgan Lewis

New York State and City Continue Reopening; Issue Office, Retail, and Industry-Specific Guidance

Morgan Lewis on

New York State has continued to issue the state’s phased, regional plan for reopening businesses following the statewide closure of all nonessential businesses due to the coronavirus (COVID-19) public health emergency, a...more

Womble Bond Dickinson

FCC and CISA Tell Governors Communications Services Essential to COVID-19 Response – Why Now, What Does It Mean?

Womble Bond Dickinson on

In a surprise move, Federal Communications Commission (FCC) Chairman Ajit Pai joined up last week with Department of Homeland Security Cybersecurity and Infrastructure Security Agency (CISA) Director Christopher Krebs to...more

Seyfarth Shaw LLP

Getting Back to Business: Considerations for Motor Vehicle Manufacturers in the COVID-19 Environment

Seyfarth Shaw LLP on

The White House recently issued guidelines for “Opening Up America Again” in anticipation that the COVID-19 pandemic may soon begin to recede, at least in some areas of the country. These guidelines recommend that state...more

Seyfarth Shaw LLP

Initial Government Guidance on Steps New York Landlords Should Take to Protect Health and Safety

Seyfarth Shaw LLP on

Many landlords of commercial and residential buildings in New York City have been looking into possible ways to address the health and safety of individuals at their premises. Although New York courts have not yet weighed in...more

Seyfarth Shaw LLP

New Permitting Requirements Proposed for Construction Projects in the City of Boston

Seyfarth Shaw LLP on

The City of Boston has proposed new safety protocols for construction work deemed essential during the ongoing health emergency caused by the COVID-19 virus. ...more

Hogan Lovells

COVID-19 Update: CISA Updates Critical Infrastructure Workers Guidance to Provide Additional Recommendations for Government and...

Hogan Lovells on

The Department of Homeland Security’s (DHS’s) Cybersecurity & Infrastructure Security Agency (CISA) revised its interim guidance identifying critical infrastructure workers who the agency suggests should be exempt from state...more

Fisher Phillips

Michigan Shelter-In-Place Extension Includes More Business Restrictions

Fisher Phillips on

Michigan Governor Gretchen Whitmer just extended the state’s shelter-in-place order until the end of April – and created additional obligations for businesses operating during this turbulent time. The new order continues to...more

Rivkin Radler LLP

Updated ESD Guidance Says Attorneys May Be Considered Essential

Rivkin Radler LLP on

Several weeks into the coronavirus pandemic, New York businesses remain subject to the provisions of Executive Order No. 202.8, which required all employers to reduce their in-person workforces at any work locations by 100%...more

Seyfarth Shaw LLP

New York Issues Executive Order Requiring Employers to Provide Essential Workers with Face Masks

Seyfarth Shaw LLP on

Seyfarth Synopsis:  On April 13, 2020, Governor Cuomo issued Executive Order (“EO”) 202.16, requiring employers to provide essential workers with face coverings to wear when in direct contact with customers or the public. ...more

Foley & Lardner LLP

New York Governor Cuomo’s Order Reducing Workplace Density Due to Coronavirus (Updated)

Foley & Lardner LLP on

On April 6, 2020, Governor Cuomo issued an Executive Order extending New York’s density-mitigation measures through April 29, 2020. In addition, among other things, the Order provides for the virtual witnessing of wills,...more

Hogan Lovells

States ease overweight trucking regulations in response to COVID-19

Hogan Lovells on

Responding to the COVID-19 pandemic, states across the country are waiving requirements and lifting restrictions to promote transportation of emergency relief supplies. While states generally impose weight restrictions and an...more

Harris Beach Murtha PLLC

Summarizing Gov. Cuomo's Latest COVID-19 Executive Order - No. 202.14

Gov. Andrew Cuomo issued New York State Executive Order ("EO") No. 202.14, the 15th EO issued during the COVID-19 state of emergency. These orders modify or suspend several New York State (the "State") statutes, laws, codes,...more

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