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Coronavirus/COVID-19 › Employer Liability Issues

Read guidance, analysis, and updates on the myriad issues arising from the global response to the COVID-19 pandemic. Updated hourly every day, the insights published here are written by leading lawyers and law firms... more +
Read guidance, analysis, and updates on the myriad issues arising from the global response to the COVID-19 pandemic. Updated hourly every day, the insights published here are written by leading lawyers and law firms helping to make sense of insurance, employment, tax, securities, M&A, risk management, and every other consideration touched by this crisis. Follow the channel for a daily email brief of the latest and best updates. less -
Littler

Sixth Circuit Clarifies Employer’s Bargaining Obligations During Public Health Emergencies

Littler on

In National Labor Relations Board v. Metro Man IV, LLC, Case No. 07-CA-264407 (6th Cir. Aug. 29, 2024), the U.S. Court of Appeals for the Sixth Circuit partly upheld and partly reversed a National Labor Relations Board...more

Manatt, Phelps & Phillips, LLP

Religious Discrimination Case Over Vaccine Mandate Revived in First Circuit

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The First U.S. Circuit Court of Appeals reversed dismissal of a Title VII religious discrimination claim filed by a hospital employee who was terminated for not getting a COVID-19 vaccine....more

Bennett Jones LLP

Mixed Success at The B.C. Supreme Court in Rare Common Issues Trial in Employment Class Action

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While applications for certification of class proceedings are commonplace, trials to decide certified common issues on their merits are comparatively rare. The decision in one such common issues trial was recently released in...more

Cozen O'Connor

Employment Law Now VIII-149 - Part 2 of 2: The Final Interview With EEOC Commissioner Keith Sonderling

Cozen O'Connor on

Today is Part 2 of 2, following yesterday's episode. As his term as EEOC Commissioner ended at the end of August 2024, (former) EEOC Commissioner Keith Sonderling joined the podcast one last time to discuss a wide range of...more

Seyfarth Shaw LLP

Seventh Circuit: Religious Discrimination Claim Survives Motion to Dismiss Even if Request For Religious Exemption to COVID-19...

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Seyfarth Synopsis: In two cases issued by the Seventh Circuit, Passarella and Dottenwhy v. Aspirus, Inc. and Bube and Hedrington v. Aspirus Hospital, Inc. the Court held that at the motion to dismiss stage, the fact that a...more

Maynard Nexsen

Work This Way: A Labor & Employment Law Podcast - Episode 30: Plaintiff Legal Trends with Paul Porter of Cromer, Babb & Porter

Maynard Nexsen on

This week, hosts Tina and Jennie welcome Paul Porter, a plaintiff’s attorney and certified labor & employment specialist with Cromer, Babb & Porter. Paul uses his experience on the opposite side of the Bar to inform employers...more

Littler

Ontario, Canada Appeal Court Confirms Employment Contract Frustrated by Employee’s Refusal to Comply With COVID-19 Vaccination...

Littler on

In Croke v. VuPoint System Ltd., 2024 ONCA 354, the Court of Appeal for Ontario (OCA) upheld the Superior Court of Justice – Ontario (SCJ)’s summary judgment decision that an employee’s refusal to comply with their employer’s...more

Kelley Drye & Warren LLP

NY Employers Will Pay For Lactation Breaks and Prenatal Leave and the State Ends COVID-19 Sick Leave

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Governor Kathy Hochul recently signed the New York State Budget for fiscal year 2025. The budget includes bills enacting paid lactation breaks and paid prenatal leave, as well as ending paid COVID-19 leave....more

Ius Laboris

Canadian court upholds termination of unvaccinated worker

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The Ontario Court of Appeal recently held that an employee’s failure to meet COVID-19 vaccination requirements imposed by a third party amounted to frustration of the employment contract. As a result, there was no obligation...more

Parker Poe Adams & Bernstein LLP

Employee Who Objected to COVID Mask Policy Not Regarded as Disabled Under ADA

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Disputes between employees and employers over COVID-19-era vaccination and masking policies continue to work their way through the legal system. Earlier this month, the Eleventh Circuit Court of Appeals (which includes...more

Morgan Lewis

New York State’s FY 2024 Budget: New Employer Requirements and Covid-19 Paid Leave End Date

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The State of New York on April 20, 2024 enacted its budget for fiscal year 2025 (FY 2025). The budget introduces two significant obligations for employers related to paid leave, which will require them to provide employees...more

Steptoe & Johnson PLLC

The EEOC Unveils Final Version of Enforcement Guidance on Harassment in the Workplace

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On April 29, the U.S. Equal Employment Opportunity Commission (EEOC), after nearly seven years of effort, released updated guidance concerning harassment in the workplace. The updated guidance reflects three key developments...more

Seyfarth Shaw LLP

Sunrise, Sunset: New York State 2025 Budget Brings New Paid Prenatal Personal Leave and Sunset Date for COVID-19 Paid Leave

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Governor Kathy Hochul approved the Fiscal Year 2025 New York State Budget (the “NYS 2025 Budget”) on April 20, 2024....more

Littler

New York Becomes the First State to Mandate Paid Prenatal Leave and Sets COVID-19 Paid Sick Leave Sunset Date

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Making New York the first state to mandate paid prenatal leave, the legislature on April 19, 2024 passed an amendment to New York Labor Law § 196-b that will require employers to provide up to 20 hours of paid leave in a...more

Epstein Becker & Green

#WorkforceWednesday: Union Reps at OSHA Inspections, New COVID-19 Guidance, and Minimum Wage Updates - Employment Law This Week®

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This week, we’re learning more about the Occupational Safety and Health Administration’s (OSHA’s) final rule on safety inspections, new COVID-19 guidance from the Centers for Disease Control and Prevention (CDC), and minimum...more

Ius Laboris

Last call for European cross-border telework 

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On 1 January 2024 the EU Framework Agreement on cross-border telework finally entered into force in Italy....more

McDermott Will & Emery

Update Nachweisgesetz – Künftig Textform statt Schriftform ausreichend?

McDermott Will & Emery on

Bereits seit dem 1. August 2022 gilt das „neue“ Nachweisgesetz („NachwG“), das die Arbeitgeber u.a. dazu verpflichtet, ihren Mitarbeitern eine schriftliche (= mit Originalunterschrift versehene) Niederschrift über die...more

Troutman Pepper

The Evolution of Employee Sick Days in a Post-COVID-19 Workplace With Parks and Rec — Hiring to Firing Podcast

Troutman Pepper on

In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs navigate the evolving landscape of employee sick days in a post-COVID-19 workplace. Special guest Lisa Whittaker, director and managing...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - March 2024

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In this issue of Employment Flash: the new DOL rule on independent contractors, SCOTUS’s unanimous Sarbanes-Oxley whistleblower ruling, plus labor law developments in California, Delaware, D.C., New York, the EU, Germany and...more

Littler

British Columbia, Canada Appeal Court Rejects Employer’s Frustration Defence in Circumstances Connected to COVID-19

Littler on

In Aldergrove Duty Free Shop Ltd. v. MacCallum, 2024 BCCA 28, the Court of Appeal for British Columbia (BCCA) dismissed an employer’s appeal when it agreed with the lower court that the employer could not use the frustration...more

PilieroMazza PLLC

Employee Retention Credit: Moratorium, Withdrawals, and March 22 Deadline for Voluntary Disclosure Program

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The Employee Retention Credit (ERC)—sometimes called the Employee Retention Tax Credit or ERTC—is a refundable tax credit for certain eligible businesses and tax-exempt organizations that had employees and were affected...more

Dorsey & Whitney LLP

Don’t Let a Tight Labor Market Get Your Guard Down

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In wrongful termination cases in the U.S., the primary source of liability for employers is an employee’s alleged lost wages. Under U.S. law, an employee who is terminated for a discriminatory or a retaliatory reason is...more

Constangy, Brooks, Smith & Prophete, LLP

Chutzpah and the shifting defenses to requests for religious accommodation

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Chutzpah is a Yiddish word derived from the Aramaic ḥuṣpāh. It means impudence, gall, and an audacious disregard for rules. In the world of employment law, it can aptly describe employees who try to get what they want...more

Seyfarth Shaw LLP

If Pain, Yes Gain – Part 120: CDC Shortens COVID-19 Isolation Guidelines; Potential Impact on New York COVID-19 Paid Leave

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On March 1, 2024, the CDC scaled back its guidance regarding COVID-19, most notably ending its recommendation of a five-day quarantine following a positive COVID-19 diagnosis....more

Bond Schoeneck & King PLLC

CDC Updated Guidance Regarding COVID-19 and Its Potential Impact on New York State COVID-19 Paid Leave

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On March 1, 2024, the Centers for Disease Control and Prevention (CDC) issued updated guidance related to COVID-19 prevention and treatment. Prior to March 1, 2024, the CDC recommended that individuals who test positive for...more

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