Law and the Workplace

Category Archives: Coronavirus

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Congress Extends FFCRA Tax Credit into 2021, Declines to Extend FFCRA Leave

By Evandro Gigante, Harris Mufson, Alex Downie and Abigail Rosenblum on Posted in Coronavirus, Leaves of Absences
The federal Families First Coronavirus Response Act (“FFCRA”), which requires that employers with fewer than 500 employees provide sick and family leave benefits for certain COVID-19 related reasons, is due to sunset on December 31, 2020. Many believed that the FFCRA’s sick and family leave provisions would be extended into 2021 as part of the … Continue Reading

[Podcast]: Mandatory COVID-19 Vaccinations

By Harris Mufson and Evandro Gigante on Posted in Coronavirus, Workplace Policies and Procedures, Workplace Safety
In this episode of The Proskauer Brief, partners Harris Mufson and Evandro Gigante discuss the U.S. Equal Employment Opportunity Commission’s recent guidance for employers regarding mandatory COVID-19 vaccinations. On December 16th, 2020, the EEOC issued updated guidance for employers in light of the FDA’s recent authorization of Pfizer’s COVID-19 vaccine for emergency use. Widespread vaccinations have been largely … Continue Reading

Congress Seeks to Extend Many CARES Act Unemployment Benefits in Pandemic Relief Package

By Evandro Gigante, Harris Mufson, Allison Martin and Jacob P. Tucker on Posted in Coronavirus
*** UPDATE: After being presented with the bill on Thursday, December 24, President Trump signed it into law on Sunday, December 27.  The unemployment provisions take effect upon signing, but because states process unemployment benefit claims on a weekly basis that generally begin each Saturday, benefits under the new law likely will be paid starting … Continue Reading

EEOC Issues Guidance on COVID-19 Vaccines

By Evandro Gigante, Harris Mufson, Abigail Rosenblum and Alex Downie on Posted in Accessibility & Accommodation, Coronavirus, Discrimination, Harassment and Retaliation
On December 16, the EEOC issued updated guidance for employers in light of the Food and Drug Administration’s (“FDA”) recent authorization of Pfizer’s COVID-19 vaccine for emergency use.  Widespread vaccinations are largely perceived as critical in returning all employees to the workplace safely and resuming normal business operations.  As such, many employers have been grappling … Continue Reading

New York Court Dismisses Amazon Workers’ COVID-19 Health and Safety Claims

By Evandro Gigante, Arielle E. Kobetz and Heylee Bernstein on Posted in Coronavirus, Litigation and Arbitration, Workplace Policies and Procedures, Workplace Safety
*** 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

New Jersey Governor Issues Executive Order Addressing COVID-19 Health and Safety Requirements for Employers

By Evandro Gigante and Alex Downie on Posted in Coronavirus
On October 28, New Jersey Governor Phil Murphy issued an Executive Order addressing health and safety requirements for New Jersey employers that require or permit their workers to be physically present in the office. The Order supplements other guidance that was previously issued for certain industries – including retail, gyms and fitness centers, and child … Continue Reading

[Podcast]: Recent Developments on California’s COVID-19 Supplemental Paid Sick Leave Law

By Harris Mufson and Philippe A. Lebel on Posted in Coronavirus, Leaves of Absences, Workplace Policies and Procedures
In this episode of The Proskauer Brief, partner Harris Mufson and associate Phil Lebel discuss recent legal developments in California, specifically a new supplemental paid sick leave law and coronavirus (COVID-19) exposure notification requirements. Tune in as we discuss steps employers can take to ensure compliance with these new requirements. Listen to the podcast.  … Continue Reading

DCFMLA COVID-19 Leave Extended through October 9, 2020

By Guy Brenner and Caroline Guensberg on Posted in Coronavirus, Workplace Policies and Procedures
Quick Hit:  The temporary expansion of the DC Family and Medical Leave Act to provide D.C. employees up to 16 weeks of unpaid, job-protected “COVID-19 leave” has been extended through October 9, 2020.   The D.C. Office of Human Rights has published an updated notice reflecting the extended effective date, which employers “must post and maintain… … Continue Reading

DOL Updates FFCRA Regulations in Light of Recent SDNY Decision

By Evandro Gigante, Laura Fant and Alex Downie on Posted in Coronavirus, Leaves of Absences
On September 11, 2020 the U.S. Department of Labor (“DOL”) issued revised Families First Coronavirus Response Act (“FFCRA”) regulations in response to a federal court decision striking down certain portions of its previous regulations. The FFCRA is a federal law that requires certain employers to provide: (1) two weeks of paid sick leave to employees … Continue Reading

EEOC Updates Its COVID-19 Guidance (Again)

By Evandro Gigante, Guy Brenner, Harris Mufson, Laura Fant and Alex Downie on Posted in Coronavirus, Discrimination, Harassment and Retaliation
EEOC sealOn September 8, 2020, the EEOC released an updated technical assistance document addressing COVID-19 and the federal anti-discrimination laws enforced by the agency, including the Americans with Disabilities Act (“ADA”). Our previous posts about the EEOC’s prior COVID-19 guidance are available here and here. The updated guidance includes 18 new questions and answers, most of … Continue Reading

Intersection Between Return-to-School and FFCRA

By Jurate Schwartz, Evandro Gigante and Harris Mufson on Posted in Coronavirus, Leaves of Absences, Workplace Policies and Procedures
As we have previously reported, the Families First Coronavirus Response Act (FFCRA), which remains in effect through December 31, 2020, provides, among other things, that eligible employees can take up to 12 weeks of FMLA leave if the employee is unable to work (or telework) due to a need for leave to care for their … Continue Reading

CDC Updates Guidance on Travel During the COVID-19 Pandemic

By Evandro Gigante, Laura Fant and Alex Downie on Posted in Coronavirus
CDC LogoOn August 21, 2020, the Centers for Disease Control and Prevention (“CDC”) updated its guidance on Travel during the COVID-19 Pandemic. Previously, the guidance recommended that travelers self-quarantine for 14 days after: (1) all international travel, and (2) domestic travel to areas with a high concentration of COVID-19 cases. The guidance now recommends that travelers … Continue Reading

Department of Labor Releases Guidance on Lost Wages Assistance Program

By Harris Mufson and Jacob P. Tucker on Posted in Coronavirus
On August 8, 2020, the President issued an executive memoranda establishing the Lost Wages Assistance (“LWA”) program, a new unemployment benefit intended to replace the recently-expired $600 per week Federal Pandemic Unemployment Compensation (“FPUC”) payment. As a refresher, the CARES Act created three unemployment benefits programs: (1) Pandemic Unemployment Assistance (“PUA”), providing benefits for those … Continue Reading

SDNY Decision Strikes Down Portions of DOL’s FFCRA Regulations

By Evandro Gigante, Laura Fant and Heylee Bernstein on Posted in Coronavirus
On August 3, Judge Paul Oetken of the Southern District of New York issued a decision invalidating various portions of the Department of Labor’s rules implementing the federal Families First Coronavirus Response Act (FFCRA). The FFCRA is the federal law that provides emergency relief and support to employees who need to take leave from work … Continue Reading

D.C. Requires Employers To Provide Paid and Unpaid COVID-19 Leave

By Guy Brenner and Caroline Guensberg on Posted in Coronavirus, Workplace Policies and Procedures
Quick Hit:  Employees in the District of Columbia are currently eligible for paid and unpaid COVID-19 related leave under measures that temporarily expand the D.C. Family and Medical Leave Act (“DCFMLA”) and D.C. Accrued Sick and Safe Leave Act (“ASSLA”). Key Takeaway:  D.C. employers now must navigate an additional set of paid and unpaid leave … Continue Reading

Virginia COVID-19 Workplace Safety Rules Now In Effect

By Guy Brenner and Lexie Reynolds on Posted in Coronavirus, Workplace Safety
Quick Hit As we previously reported, Virginia became the first state to issue mandatory COVID-19 workplace safety rules when the Virginia Safety and Health Codes Board (“VSHCB”) approved an emergency temporary standard on July 15, 2020.  The final text has now been released and the new rules, which apply to most private employers, went into … Continue Reading

DOL Releases Additional COVID-19 Guidance Related to FFCRA, FMLA and FLSA

By Guy Brenner, Arielle E. Kobetz, Heylee Bernstein and Laura Fant on Posted in Coronavirus, FLSA, Leaves of Absences, Wage and Hour
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

OSHA Issues Second Set of Coronavirus-Related Citations

By Harris Mufson and Lexie Reynolds on Posted in Coronavirus, Workplace Safety
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has now issued its second set of coronavirus-related citations, this time against an Ohio health-care company.  OSHA inspected three of the company’s nursing facilities from April to June after the company reported the coronavirus-related hospitalization of seven employees.  On July 21, 2020, OSHA announced … Continue Reading

Colorado Governor Signs Paid Sick Leave Act into Law

By Harris Mufson, Evandro Gigante, Laura Fant and Abigail Rosenblum on Posted in Coronavirus, Leaves of Absences
Colorado State SealAmid the COVID-19 pandemic, Colorado Governor Jared Polis signed the Healthy Families and Workplaces Act (“the Act”) into law. Beginning next year (or later for small employers), the Act will require employers in Colorado to provide employees with up to six paid sick days a year – and more if there is a public health … Continue Reading

Virginia Becomes First State to Adopt Mandatory COVID-19 Workplace Safety Requirements

By Guy Brenner, Lexie Reynolds and Caroline Guensberg on Posted in Coronavirus, Workplace Safety
Quick Hit Virginia became the first state to issue mandatory COVID-19 workplace safety rules when the Virginia Safety and Health Codes Board (“VSHCB”) approved an emergency temporary standard on July 15, 2020 by a 9-2 vote.  The final text has not yet been published but the mandatory requirements are expected to include obligations surrounding flexible … Continue Reading

OSHA Releases Additional FAQs Regarding Returning to the Workplace: What Employers Need to Know

By Harris Mufson, Lexie Reynolds and Heylee Bernstein on Posted in Coronavirus, Workplace Safety
The Occupational Safety and Health Administration (OSHA) published additional frequently asked questions regarding returning to the workplace during the COVID-19 pandemic on Thursday. We reported on OSHA’s earlier posted FAQs here. Though the FAQs do not impose any new legal requirements, employers should be aware of OSHA’s recommendations as workplaces around the country continue to … Continue Reading

OSHA Releases Guidance on Reopening Workplaces

By Harris Mufson, Lexie Reynolds and Heylee Bernstein on Posted in Coronavirus, Workplace Safety
On June 18, OSHA issued non-binding guidance to help employers safely reopen non-essential businesses and facilitate their employees’ return to work during the COVID-19 pandemic. The guidance focuses on employers implementing strategies for five main aspects of the workplace: basic hygiene, social distancing, identification and isolation of sick employees, workplace controls and flexibilities, and employee … Continue Reading

Department of Labor Issues Bulletin on FFCRA Leave in Light of Summer Camp and Program Closures

By Harris Mufson, Laura Fant and Rachel Therese Gulotta on Posted in Coronavirus, Leaves of Absences
On June 26, 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) issued Field Assistance Bulletin (“FAB”) No. 2020-4, providing guidance on when an employee may take leave pursuant to the Families First Coronavirus Response Act (“FFCRA”) to care for their child whose summer camp, summer enrichment program, or other summer program is … Continue Reading

DC’s Paid Family Leave Benefits Available July 1, 2020: What Employers Need to Know

By Guy Brenner and Caroline Guensberg on Posted in Coronavirus, Workplace Policies and Procedures
On July 1, 2020, employees in DC will be able to begin taking Paid Family Leave (“PFL”) pursuant to the DC Paid Family Leave Act (the “Act”).  Here’s a quick primer on what employers need to know ahead of the program’s launch. Eligible Leave Employees who spend more than 50% of their work time in … Continue Reading
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