Law and the Workplace
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Rebecca Fishbein

Associate

Rebecca Fishbein is an associate in the Labor & Employment Department and a member of the Employee Benefits & Executive Compensation Group.

Rebecca earned her J.D. from Columbia Law School and her B.A. from Wellesley College. During law school, she was a member of the Mediation Clinic and a teaching assistant for the Negotiation Workshop. She also served as an editor for the Columbia Journal of Law & the Arts.  In the employee benefits area, Rebecca’s practice focuses on all issues impacting multiemployer benefit plans and plan fiduciaries. She provides day-to-day to advice to boards of trustees and plan administrators on matters pertaining to plan administration, design and qualification, and compliance with applicable law. In addition, she advises on compensation and benefits in corporate transactions.

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Massachusetts COVID-19 Emergency Paid Sick Leave Program to End March 15, 2022

The Massachusetts Department of Unemployment Insurance has announced that the Massachusetts COVID-19 Emergency Paid Sick Leave (“MEPSL”) will expire on March 15, 2022, and employers have until April 29, 2022 to file their applications for reimbursements. This means employees may continue to take leave under the program through March 15th, but employers then have until … Continue Reading

(UPDATED) New York State Court Strikes Down Statewide Mask or Vaccine Requirement for Indoor Public Places

***UPDATE: In a whiplash-inducing turn, on January 25, 2022, the New York State Appellate Division granted a stay of the Nassau County court’s decision pending determination of the State’s appeal.  As such, the mask-or-vaccine requirement remains in effect for the moment.  We will continue to monitor and report on further developments.*** On January 24, 2022, … Continue Reading

Massachusetts Creates Exception to At-Will Employment for Employees Exercising the “Right of Rebuttal”

On December 17, 2021, the highest state court in Massachusetts held that an employer may not terminate an employee solely for exercising his right to file a rebuttal to be included in his personnel file. The Supreme Judicial Court found this new common law remedy is necessary to fully protect this legal right and to … Continue Reading

Massachusetts High Court Clarifies Test to Determine Joint Employer Status under State Wage and Overtime Statutes

On December 13, 2021, the highest state court in Massachusetts ruled that the proper test for determining joint employer status under the state’s wage and overtime statutes is the “totality of the circumstances” test formerly used under the Federal Fair Labor Standards Act (“FLSA”), and not the more restrictive test of Mass. Gen. L. c. … Continue Reading

Federal Court Upholds Employer’s COVID-19 Vaccine Mandate

On June 12, 2021, a federal District Court in Texas in Bridges, et al v. Houston Methodist Hospital et al, Docket No. 4:21-cv-01774 (S.D. Tex. Jun 01, 2021) dismissed a case challenging a hospital’s mandatory COVID-19 vaccination policy for employees. This is the first court opinion addressing the ability of employers to require employees to … Continue Reading

New York State Issues Updated Travel Advisory; Relaxes Travel Restrictions

On April 10, 2021, the New York State Department of Health again updated its COVID-19 Travel Advisory for domestic and international travel. The advisory removes many of the quarantine requirements for domestic and international travelers arriving in New York State and clarifies existing guidance for all travelers. Additional information about the current restrictions on travel … Continue Reading

EEOC Announces Employers Have Until August 23, 2021 to make their 2019 and 2020 EEO-1 Submissions

***August 18, 2021 Update: Following an EEOC extension, employers now have until Monday, October 25, 2021 to submit their 2019 and 2020 EEO-1 filings.  The EEOC has stated this is the final extension and there will be no further extensions*** ***June 28, 2021 Update: Following an EEOC extension, employers now have until Monday, August 23, 2021 … Continue Reading

New York State Announces New COVID-19 Quarantine Guidelines

On March 10, 2021, New York State updated its quarantine guidance for individuals exposed to COVID-19. Under this new guidance, individuals who are fully vaccinated or have recently recovered from COVID-19 are no longer required to quarantine after being exposed to someone with COVID-19, provided that certain conditions are met. This announcement brings New York … Continue Reading

New York State Announces New COVID-19 Travel Guidelines for Fully Vaccinated Individuals

UPDATE: This post was updated on March 13, 2021 to reflect changes to New York State’s COVID-19 Travel Advisory and to include information on Governor Cuomo’s March 11th announcement regarding quarantine requirements for travelers to New York State. UPDATE: On April 1, 2021, the NYS Department of Health issued an updated travel advisory, which no … Continue Reading

New York State Issues Additional Guidance on COVID-19 Quarantine Leave Law

***UPDATE: New York State has modified its Paid Family Leave COVID-19 FAQs for Employees to reflect this New York State Department of Labor guidance. We will continue to monitor New York’s COVID-19 leave law and provide updates.*** On January 20, 2021, the New York State Department of Labor issued new guidance on the state’s COVID-19 … Continue Reading
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