Please note: The below information may require updating, including additional clarification, as the COVID-19 pandemic continues to develop.
On Friday, August 13, 2021, OSHA updated its COVID-19 Guidance to complement...more
The U.S. Equal Employment Opportunity Commission (EEOC) recently updated its available guidance on COVID-19 and the pandemic’s interaction with the Americans with Disabilities Act (“ADA”) and other equal employment statutes....more
Please note: The below information may require updating, including additional clarification, as the COVID-19 pandemic continues to develop.
As changing guidelines have been perhaps the only constant throughout the...more
Please note: The below information may require updating, including additional clarification, as the COVID-19 pandemic continues to develop.
As we have written about extensively, the Families First Coronavirus Response Act...more
After months of negotiations, on December 22, 2020, Congress overwhelmingly passed a bi-partisan COVID-19 relief package – the Consolidated Appropriations Act, 2021 (“CAA 2021”) – that includes approximately 900 billion...more
In the wake of the FDA’s Emergency Use Authorization (“EUA”) for a number of newly developed COVID-19 vaccinations (including the vaccinations developed by Pfizer-BioNTech and Moderna), many employers are deciding whether to...more
12/21/2020
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
On Friday, September 11, 2020, the Department of Labor (“DOL”) issued a revised rule related to the Families First Coronavirus Response Act (“FFCRA”), which was published and became effective today, September 16, 2020. The...more
On Tuesday, September 8, 2020, Judge Gregory Woods, a federal judge sitting in the Southern District of New York (“SDNY”), struck down, in a 62-page opinion, key provisions of the recently released Department of Labor (“DOL”)...more
On Monday, August 3, U.S. District Judge Paul Oetken, sitting in the Southern District of New York, issued an Order that struck down parts of the Department of Labor (DOL) issued guidance interpreting the leave entitlements...more
With uncertainty surrounding efforts in the Senate to enact broad COVID-19-related immunity for all schools, colleges, charities and businesses in the Phase 4 Coronavirus relief act, the “HEALS Act,” organizations still need...more
On July 15, 2020, the Virginia Safety and Health Codes Board adopted §16VA25-220, an emergency temporary standard for preventing COVID-19 infections. The emergency standard is “designed to establish requirements for employers...more
A significant challenge for reopening the economy and returning to “normalcy” during the COVID-19 pandemic is addressing whether, when, and how schools and colleges will open this fall. As with the initial shelter-in-place...more
7/28/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Distance Learning ,
Educational Institutions ,
Equal Employment Opportunity Commission (EEOC) ,
Families First Coronavirus Response Act (FFCRA) ,
Infectious Diseases ,
Public Health ,
School Closures ,
School Districts ,
State and Local Government
To date, all U.S. states have at least recommended that individuals wear cloth masks or face coverings (in line with the CDC’s recommendations) when in certain public spaces, especially when in situations where six feet of...more
Practically speaking, and despite taking careful precautions, it is likely that one of your employees will become exposed to COVID-19 before the Families First Coronavirus Relief Act (FFCRA) expires on December 31, 2020...more
In the wake of COVID-19, employers still find themselves navigating uncharted waters regarding employee leave requests and employer leave responsibilities under various state and federal requirements. Specifically, employee...more
In a landmark decision authored by Justice Neil Gorsuch and released today, June 15, 2020, the Supreme Court of the United States held that “an employer who fires an individual merely for being gay or transgender violates...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
On Monday, May 19, the Department of Labor (“DOL”) withdrew the non-exhaustive lists of establishments that were potentially eligible for or excluded from the retail or service establishment exemption to overtime under...more
Navigating the decision as to when to reopen businesses may be just as daunting as navigating the closures caused by the pandemic. Resuming business operations will require significant preparation, constant monitoring of the...more
5/27/2020
/ Americans with Disabilities Act (ADA) ,
Business Continuity Plans ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Responsibilities ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
NLRA ,
OSHA ,
Personal Protective Equipment ,
Re-Opening Guidelines
On Saturday, April 4, 2020 and Sunday, April 5, 2020, the U.S. Department of Labor issued two new rounds of guidance to states regarding the expanded unemployment insurance benefits available to workers affected by the...more
As we wrote about previously (here), the Families First Coronavirus Response Act (“FFCRA” or “the Act”) which was signed into law on March 18, 2020, became effective nationwide on April 1, 2020. The same day, the U.S....more
As we wrote about earlier this week (here), on Tuesday, March 24, the U.S. Department of Labor (“DOL”) issued guidance regarding the Families First Coronavirus Response Act (“FFCRA” or “the Act”) in three parts: a Fact Sheet...more
Yesterday, Tuesday, March 24, the U.S. Department of Labor (“DOL”) issued guidance regarding the Emergency Family and Medical Leave Expansion Act (“FMLA Expansion Act”) and Emergency Paid Sick Leave Act (“EPSL Act”)...more
Over the last week, Congress passed the Families First Coronavirus Response Act which creates new leave rights for employees and requirements for employers. Yendelela Holston and Leah Farmer host a short webinar providing a...more
On Wednesday, March 18, the Families First Coronavirus Response Act, which originated in the U.S. House of Representatives, was passed by the Senate and signed into law by President Trump. Among other things, the Families...more
After noting that it had “rushed this bill to the floor,” as stated by Representative Louie Gohmert, the House amended H.R. 6201 for what it deemed “technical corrections.” Nonetheless, it appears that several substantive...more