Law and the Workplace

Category Archives: Workplace Policies and Procedures

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Reminder: New York State Paid Sick Leave Law Takes Effect September 30

By Evandro Gigante and Arielle E. Kobetz on Posted in Leaves of Absences, Workplace Policies and Procedures
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

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

Maryland Employers: New Employment Laws Become Effective October 1, 2020

By Guy Brenner and Caroline Guensberg on Posted in Workplace Policies and Procedures, Workplace Restructuring and WARN
As we previously reported, earlier this year Maryland passed a number of employment laws that, among other things, prohibit use of facial recognition technology, wage history inquires and hairstyle discrimination, and revise the state’s mini-WARN act.  These laws will take effect on October 1, 2020.  For more detail on the new laws, see our original … 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

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 Employers, Are You Ready? New Employment Laws Go Into Effect July 1, 2020

By Guy Brenner and Caroline Guensberg on Posted in Workplace Policies and Procedures
As we previously reported, this spring Virginia Governor Ralph Northam signed into law a number of new measures expanding protections for employees in the Commonwealth and providing enhanced mechanisms by which employees may bring claims against their employers for violations of those protections.  Many of these new laws become effective on July 1, 2020.  As … 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

Hearing Scheduled On Proposed Amendments to Massachusetts Paid Family and Medical Leave Law

By Mark W. Batten and Samantha Regenbogen Manelin on Posted in Independent Contractor, Leaves of Absences, Workplace Policies and Procedures
On June 11, 2020, the Department of Family and Medical Leave (“DFML”) will hold a virtual public hearing on its recent proposed amendments to the final regulations pertaining to the Massachusetts Paid Family and Medical Leave Law (“PFML”) issued in June 2019.  (Instructions for registering for the virtual hearing are available at this link).  A … Continue Reading

Illinois May Soon Require “Essential Employers” to Provide PPE for Workers

By Steven J. Pearlman, Edward Young, Caralyn M. Olie and Holly Ren Morris on Posted in Coronavirus, Workplace Policies and Procedures
The Illinois House of Representatives recently introduced House Bill 5769, which would create the Illinois Personal Protective Equipment Responsibility Act (the “Act”).  The Act would require “essential employers” to provide personal protective equipment (“PPE”) to both employees and independent contractors.  The Act defines an “essential employer” as an employer engaged in an “essential business” as … Continue Reading

Maryland Employers: Get Ready For A Host Of New Employment Laws

By Guy Brenner and Caroline Guensberg on Posted in Workplace Policies and Procedures
During the early days of the coronavirus pandemic, the Maryland legislature passed over 600 pieces of legislation, many of which relate to employment issues.  Several of these bills, including ones that prohibit use of facial recognition technology, wage history inquiries and hairstyle discrimination, and revise the state’s mini-WARN act, recently became law when the deadline … Continue Reading

New Voting Leave Laws in New York State and Washington D.C.

By Allan Bloom and Arielle E. Kobetz on Posted in Leaves of Absences, Workplace Policies and Procedures
New York State and Washington D.C. have enacted legislation regarding paid time off to vote. The details of these new laws are summarized below. New York Nestled into the FY 2020-21 NY state budget is a revision to the statewide time off to vote law, which was revised in April 2019 to increase paid voting … Continue Reading

Massachusetts Announces Four Phase Plan to Reopen

By Mark W. Batten, Samantha Regenbogen Manelin and Thomas B. Fiascone on Posted in Coronavirus, Workplace Policies and Procedures, Workplace Safety
On Monday May 18, 2020, Governor Baker announced the first phase of his administration’s much-anticipated plan to reopen Massachusetts (the “Plan”), nearly eight weeks after first ordering non-essential businesses to close and advising residents to stay home in light of the COVID-19 pandemic. In describing the phased reopening, the Governor repeatedly emphasized that the coronavirus … Continue Reading

Responding to COVID-19: Illinois Specific Considerations For Employers

By Nigel F. Telman, Steven J. Pearlman, Caralyn M. Olie, Edward Young and Holly Ren Morris on Posted in Coronavirus, Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
The State of Illinois has taken strong measures to mitigate the spread of COVID-19. Recognizing the impact of COVID-19 on the State of Illinois, on March 20, 2020, the Governor first issued Executive Order 2020-10 directing Illinois citizens to stay at home. The Governor has since issued Executive Orders 2020-32 and 2020-33 extending most of … Continue Reading

Creation of Fake Online Accounts to Study Algorithmic Bias Does Not Violate the Computer Fraud and Abuse Act, D.C. Court Rules

By Joseph O’Keefe, Danielle J. Moss and Tony S. Martinez on Posted in Workplace Policies and Procedures
A federal judge recently held that researchers who violate a website’s terms of service by creating fake online accounts in order to study algorithmic bias in artificial intelligence software do not violate the Computer Fraud and Abuse Act (“CFAA”) (decision available here). Brief Background The decision resulted from a lawsuit filed by the American Civil … Continue Reading

New York Enacts Statewide Paid Sick Leave Law as Part of FY 2021 Budget

By Harris Mufson, Laura Fant and Arielle E. Kobetz on Posted in Leaves of Absences, Workplace Policies and Procedures
On April 3, 2020, New York Governor Andrew Cuomo signed into law the fiscal year 2021 New York State budget, which, notably for employers, includes a new statewide paid sick leave requirement.  As described below, the new leave provisions, which amend the NY Labor Law, will require New York employers of all sizes to provide … Continue Reading

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

By Evandro Gigante, Harris Mufson, Laura Fant, Arielle E. Kobetz and Rachel Therese Gulotta on Posted in Coronavirus, Leaves of Absences, Workplace Policies and Procedures
***Updated April 16, 2020*** On March 25, 2020, New York State published Frequently Asked Questions and other guidance regarding the state’s recently enacted Covid-19 Paid Sick Leave Law and expansions to New York’s Paid Family Leave Law (PFL) and Disability Benefit Law. This bill was signed into law on March 18 and became effective immediately … Continue Reading

U.S. Department of Labor Releases Model Notice Required by the Federal Family First Coronavirus Response Act

By Evandro Gigante, Guy Brenner, Laura Fant and Meika Freeman on Posted in Coronavirus, Leaves of Absences, Workplace Policies and Procedures
On March 25, 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) released the model notice that covered employers must post regarding the Families First Coronavirus Response Act (“FFCRA”), along with Frequently Asked Questions regarding the notice requirements. You can read more about the recently enacted FFCRA here, as well as the WHD’s … Continue Reading

U.S. Department of Labor Releases Initial Guidance on the Federal Family First Coronavirus Response Act

By Guy Brenner, Evandro Gigante, Laura Fant and Meika Freeman on Posted in Coronavirus, Leaves of Absences, Workplace Policies and Procedures
*** Please note that the Department of Labor is updating (and in some cases revising) its initial guidance on a rolling basis, so be sure to click on the Questions and Answers link for the most current version. A blog post on the most recent updates to the guidance can be found here. *** On … Continue Reading

[Podcast]: Recent Developments Associated With The Coronavirus Pandemic

By Harris Mufson, Guy Brenner, Michael Lebowich and Seth Safra on Posted in Coronavirus, The Proskauer Brief Podcast, Workplace Policies and Procedures, Workplace Safety
In this episode of The Proskauer Brief, partners Harris Mufson, Seth Safra, Mike Lebowich and Guy Brenner discuss recent developments associated with the coronavirus (COVID-19) pandemic. Tune in as we address the latest legislative developments and issues employers should be thinking about when confronting the ramifications of this virus in the workplace. Listen to the podcast.   … Continue Reading

Massachusetts Orders All Non-Essential Workers to Stay Home

By Evandro Gigante, Rebecca Sivitz and Thomas B. Fiascone on Posted in Coronavirus, Leaves of Absences, Workplace Policies and Procedures, Workplace Safety
Seal of MassachusettsUPDATE:  Governor Baker announced that Massachusetts’ order closing non-essential businesses and the Commonwealth’s stay at home advisory will remain in effect until May 18, 2020. *  *  * Beginning Tuesday, March 24, 2020 at 12:00 PM, Massachusetts will join a growing number of states in closing non-essential businesses and organizations to employees, customers, and the … Continue Reading

New York State Mandates That Non-Essential Workers Must Stay Home

By Evandro Gigante, Arielle E. Kobetz and Alex Downie on Posted in Coronavirus, Leaves of Absences, Workplace Policies and Procedures, Workplace Safety
*** IMPORTANT NOTE: On April 9, 2020, the State of New York released updated guidance that modifies some of the content discussed below.  Read more on our updated blog post here. *** Beginning Sunday, March 22, 2020, in accordance with Executive Order 202.8 issued by Governor Andrew Cuomo, only essential businesses and not-for-profit entities in … Continue Reading

Federal Family First Coronavirus Response Act Signed Into Law

By Evandro Gigante, Guy Brenner, Laura Fant, Arielle E. Kobetz and Heylee Bernstein on Posted in Coronavirus, Leaves of Absences, Workplace Policies and Procedures, Workplace Safety
*** UPDATE: The Department of Labor has issued guidance stating that the law will take effect on April 1, 2020.  More information on the guidance can be found on our blog post here.*** On March 18, 2020, President Trump signed into the law the Family First Coronavirus Response Act (the “Family First Act” or the … Continue Reading

New York State Enacts Coronavirus Response Bill Including Paid Sick Time and Other Statutory Benefits

By Harris Mufson, Evandro Gigante, Laura Fant, Arielle E. Kobetz and Heylee Bernstein on Posted in Coronavirus, Leaves of Absences, Workplace Policies and Procedures
*** New York State has issued additional guidance on the statewide Coronavirus leave law.  More information about this guidance can be found on our blog post here. *** On March 18, 2020, New York Governor Andrew Cuomo signed into law a statewide Coronavirus response bill that immediately provides employees with sick leave and job protection in … Continue Reading

Family First Coronavirus Response Act: What Employers Need to Know

By Evandro Gigante, Guy Brenner, Arielle E. Kobetz, Heylee Bernstein and Laura Fant on Posted in Coronavirus, Leaves of Absences, Workplace Policies and Procedures, Workplace Safety
*** IMPORTANT NOTE: On March 18, 2020, President Trump signed an amended version of the Family First Coronavirus Response Act into law that modifies some of the provisions discussed below.  Read more on our updated blog post here. ***   On March 14, 2020, the U.S. House of Representatives overwhelmingly passed H.R. 6201, also known … Continue Reading
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