Arielle E. Kobetz
Arielle Kobetz is an associate in the Labor & Employment Law Department. She assists employers in a wide range of areas, including discrimination, wage and hour, and traditional labor.
Prior to joining Proskauer, Arielle served as a law clerk at the New York City Human Resources Administration, Employment Law Unit, where she worked on a variety of employment discrimination and internal employee disciplinary issues.
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Starting January 15, 2022, DC will require the following establishments to verify that their guests, visitors and consumers ages 12 and older have received at least one dose of the COVID-19 vaccine: Restaurants, bars and nightclub establishments (including restaurants and taverns, coffee shops and fast-food establishments that have seating if guests choose to sit down; … Continue Reading
Effective January 1, 2022, Phila. Code § 9-5500 now prohibits Philadelphia employers from requiring job applicants to submit to pre-employment drug tests for marijuana use. Specifically, the ordinance makes it an unlawful employment practice for an employer, labor organization, or employment agency (or agent thereof) to require prospective employees to submit to testing for the … Continue Reading
**UPDATE: On December 24, 2021, the bill lapsed into law, retroactive to November 2, 2021.** The New York City Council approved a bill that amends the City’s Earned Safe and Sick Time Act to require employers to provide paid COVID-19 child vaccination leave. Without signature from Mayor Bill de Blasio, the bill lapses into law … Continue Reading
Effective December 21, 2021, through at least January 31, 2022, DC law requires that all individuals wear masks in indoor public spaces, regardless of vaccination status. As we previously reported, just last month DC Mayor Muriel Bowser significantly scaled back the District’s indoor mask mandate, which had required masks in all indoor public places since … Continue Reading
Over the past decade many employers have adopted Artificial Intelligence driven tools to automate various aspects of the workplace, including the recruiting and hiring process. These tools have come under scrutiny by federal, state and local governments based on research that has suggested the possibility of bias or discrimination arising from the widespread use of … Continue Reading
DC Mayor Muriel Bowser signed into law the COVID Vaccination Leave Emergency Amendment Act of 2021 (“Emergency Act”), which requires employers to provide paid leave to employees and their children for time spent obtaining and, if needed, recovering from side effects of a COVID-19 vaccine, and unpaid leave for other COVID-19 related absences. The Emergency … Continue Reading
DC Mayor Muriel Bowser announced that on November 22, 2021, the District’s indoor mask mandate – one of, if not the most restrictive mask mandate – will be significantly scaled back. The current mandate, which went into effect on July 31, 2021, requires masks in all indoor public places for all individuals over age two, … Continue Reading
New York Governor Kathy Hocul has signed into law a bill that will require employers to provide notice to employees of electronic monitoring of telephone, email, and internet access and usage. The law, which takes effect on May 7, 2022, will require all private employers, regardless of size, with a place of business in New … Continue Reading
New York Governor Kathy Hochul signed into law an amendment to the New York Paid Family Leave Law (NYPFLL), which will allow employees to take leave to care for siblings with a serious health condition. In effect since 2018, the NYPFLL provides a phased-in system of paid, job protected leave for eligible employees: (i) to … Continue Reading
On September 30, 2021, the New York State Department of Labor (“NYSDOL”) released an updated set of frequently asked questions on the HERO Act. As we previously reported, the HERO Act requires all employers in New York to implement certain safety standards and adopt a prevention plan to protect against the spread of airborne infectious … Continue Reading
On September 9, 2021, the Biden Administration announced that the Department of Labor’s Occupational Safety and Health Administration (OSHA) is developing an Emergency Temporary Standard that will require all employers with 100 or more employees to ensure their workforce is fully vaccinated or require unvaccinated workers to provide a negative COVID-19 test result at least … Continue Reading
On July 6, 2021, the New York State Department of Labor published multiple model documents related to the implementation of the New York HERO Act (the “Act”), which, as we previous reported, requires all employers in New York to adopt a prevention plan to protect against the spread of airborne infectious diseases in the workplace. … Continue Reading
***UPDATE: on June 11, 2021, Governor Cuomo signed the HERO Act amendments into law. As discussed below, section 1 of the Act takes effect on July 5, 2021, though employers are not required to adopt an airborne infectious disease exposure prevention plan until the state issues its model. Section 2 (permitting the creation of a … Continue Reading
***UPDATE: Governor Cuomo signed the HERO Act into law on Wednesday, May 5, 2021. The Act is currently scheduled to take effect on June 4, 2021; however, section two of the Act, which permits the creation of a joint employer-employee workplace health and safety committee (as discussed below), takes effect on November 1, 2021. On … Continue Reading
***UPDATE: On May 21, 2021, OSHA published a new FAQ establishing that employers do not need to record adverse reactions from COVID-19 vaccines on their OSHA 300 Logs, at least through May of 2022. The enforcement position applies regardless of whether an employer requires, recommends, or incentivizes employees to receive the vaccine. On April 20, … Continue Reading
On March 31, 2021, New York Governor Andrew Cuomo signed into law the New York State Cannabis/Marijuana Regulation & Taxation Act, which legalized the use of recreational marijuana for individuals ages 21 and older. Among other things, the Act establishes a Cannabis Control Board and Office of Cannabis Management that will be responsible for regulating … Continue Reading
The New York State Department of Labor (“NYSDOL”) has issued guidance on the State’s recently enacted COVID-19 vaccine leave law, which went into effect on March 12, 2021. As we previously reported, the law requires employers to provide employees with “a sufficient period of time, not to exceed four hours” per dose to be vaccinated … Continue Reading
***UPDATE: Governor Cuomo signed this bill into law on Friday, March 12. The law takes effect immediately.*** The New York state legislature passed Bill S2588A/A3354B, which would amend the New York Labor Law to grant employees paid leave time for the COVID-19 vaccination. Below is a brief summary of what New York employers need to … Continue Reading
*** UPDATE: On November 24, 2020, the Plaintiffs in Palmer, et al. v. Amazon.Com, Inc., et al. filed a notice of appeal. The Plaintiffs appealed Judge Cogan’s order dismissing the case to the Second Circuit. We will continue to monitor this case and provide updates. *** On November 2, 2020, the Eastern District of New … Continue Reading
As we previously reported, the New York State paid sick leave law will take effect, and covered employees will begin accruing leave time, on September 30, 2020. However, employees may be restricted from utilizing accrued sick leave until January 1, 2021. As set forth in our previous blog: Employers with 4 or fewer employees and … Continue Reading
As we have previously reported, the United States Department of Labor (DOL) continues to update its COVID-19 guidance. Most recently, on July 20, 2020, the DOL issued additional Q and A guidance related to COVID-19 and the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Families First Coronavirus Response … Continue Reading
In a 6-3 decision authored by Justice Gorsuch on June 15, 2020, the United States Supreme Court held that Title VII’s prohibition on discrimination “because of…sex” includes discrimination on the basis of sexual orientation and gender identity. Bostock v. Clayton County, No. 17-1618 (590 U.S. ___ (2020). In doing so, the Court made clear that … Continue Reading
As the nation continues to move toward reopening, the EEOC and the Occupational Safety and Health Administration (“OSHA”) issued additional guidance for employers to consider as they plan employees’ return to the workplace. These updates supplement earlier guidance issued by both agencies, which we discuss in our previous posts. EEOC Guidance On June 11, 2020, … Continue Reading
On May 19, 2020, the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued a memorandum updating previous guidance regarding employers’ obligation to record cases of COVID-19 in the workplace. On May 26, 2020, the previous guidance will be rescinded and OSHA’s updated guidance will go into effect, the key provisions of which are … Continue Reading
DC Enacts Vaccine Mandate For Certain Indoor Establishments
By Guy Brenner and Arielle E. Kobetz on Posted in Coronavirus
Philadelphia Enacts Ordinance to Prohibit Pre-Employment Marijuana Testing
By Steven Hurd, Arielle E. Kobetz and Claudia Khoury-Yacoub on Posted in Workplace Policies and Procedures
NYC Employers Must Provide Paid COVID-19 Child Vaccination Leave
By Steven Hurd and Arielle E. Kobetz on Posted in Coronavirus
More Whiplash — DC Brings Back Mask Mandate and Encourages Vaccine Mandates
By Guy Brenner and Arielle E. Kobetz on Posted in Coronavirus
New York City Enacts Law to Regulate Use of Automated Hiring Tools
By Joseph O’Keefe, Arielle E. Kobetz and Theresa Madonna on Posted in Workplace Policies and Procedures
DC Enacts (Another) COVID-19 Emergency Leave Law
By Guy Brenner and Arielle E. Kobetz on Posted in Coronavirus
DC Announces End to Indoor Mask Mandate
By Guy Brenner and Arielle E. Kobetz on Posted in Coronavirus
New York State Enacts Phone, Email, and Internet Monitoring Notice Law for Private Employers
By Ryan P. Blaney, Evandro Gigante, Laura Fant and Arielle E. Kobetz on Posted in Workplace Policies and Procedures
New York Paid Family Leave Law Amended to Allow Leave to Care for Siblings
By Evandro Gigante and Arielle E. Kobetz on Posted in Leaves of Absences, Workplace Policies and Procedures
New York State Issues Updated Guidance On HERO Act
By Evandro Gigante, Arielle E. Kobetz and Alex Downie on Posted in Coronavirus
OSHA To Issue Emergency Temporary Standard Requiring Large Employers to Mandate Vaccination or Weekly Testing for Employees
New York State Issues HERO Act Prevention Standard and Model Plans
By Evandro Gigante, Harris Mufson, Arielle E. Kobetz and Alex Downie on Posted in Coronavirus
New York State Passes Significant Amendments to the HERO Act
By Harris Mufson, Evandro Gigante and Arielle E. Kobetz on Posted in Coronavirus, Workplace Policies and Procedures
New York State Passes Bill to Mandate COVID-19 Safety Standards in the Workplace
By Evandro Gigante, Harris Mufson and Arielle E. Kobetz on Posted in Coronavirus, Workplace Policies and Procedures
OSHA Issues Guidance on Employer Recording Obligations Regarding Mandatory Vaccination Programs
By Harris Mufson and Arielle E. Kobetz on Posted in Coronavirus, Workplace Policies and Procedures
New York State Legalizes Recreational Adult Use of Marijuana
By Harris Mufson and Arielle E. Kobetz on Posted in Workplace Policies and Procedures
New York State Issues Guidance on COVID-19 Vaccine Leave Law
By Evandro Gigante, Arielle E. Kobetz and Alex Downie on Posted in Coronavirus, Leaves of Absences
New York State Passes Bill Granting Employees Paid Time Off for COVID-19 Vaccinations
By Evandro Gigante, Harris Mufson, Arielle E. Kobetz, Alex Downie and Julia Hollreiser on Posted in Coronavirus
New York Court Dismisses Amazon Workers’ COVID-19 Health and Safety Claims
By Arielle E. Kobetz, Evandro Gigante and Heylee Bernstein on Posted in Coronavirus, Litigation and Arbitration, Workplace Policies and Procedures, Workplace Safety
Reminder: New York State Paid Sick Leave Law Takes Effect September 30
By Arielle E. Kobetz and Evandro Gigante on Posted in Leaves of Absences, Workplace Policies and Procedures
DOL Releases Additional COVID-19 Guidance Related to FFCRA, FMLA and FLSA
By Arielle E. Kobetz, Laura Fant, Heylee Bernstein and Guy Brenner on Posted in Coronavirus, FLSA, Leaves of Absences, Wage and Hour
U.S. Supreme Court Holds That Title VII Prohibits Discrimination Based on Sexual Orientation and Gender Identity
By Arielle E. Kobetz, Alex Downie and Steven Hurd on Posted in Discrimination, Harassment and Retaliation
EEOC and OSHA Issue New COVID-19 Guidance
By Arielle E. Kobetz and Harris Mufson on Posted in Coronavirus
OSHA Updates Guidance Regarding COVID-19 Recordkeeping Requirements
By Arielle E. Kobetz, Caroline Guensberg, Harris Mufson and Scott Tan on Posted in Coronavirus, Workplace Safety
