Law and the Workplace

Category Archives: Workplace Policies and Procedures

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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
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 as part of a … 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

Responding to Coronavirus: Illinois Specific Considerations For Employers

By Nigel F. Telman, Steven J. Pearlman, Holly Ren Morris, Caralyn M. Olie and Edward Young 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 the coronavirus. Recognizing the impact of the coronavirus on the State of Illinois, on March 20, 2020, the Governor issued Executive Order 2020-10 directing Illinois citizens to stay at home. Executive Order 2020-10 is effective beginning at 5:00 p.m. on March 21, … 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:  On March 31, 2020, Governor Baker announced that Massachusetts’ order closing non-essential businesses and the Commonwealth’s stay at home advisory will remain in effect until May 4, 2020.  The orders were previously scheduled to be in effect through April 7. *  *  * Beginning Tuesday, March 24, 2020 at 12:00 PM, Massachusetts will join … 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
Beginning Sunday, March 22, 2020 at 8:00 PM, in accordance with Executive Order 202.8 issued by Governor Andrew Cuomo, only essential businesses and not-for-profit entities in New York State may utilize an in-person workforce. This extends Governor Cuomo’s previous Executive Order 202.7, which required all businesses and not-for-profit entities not otherwise deemed essential to (1) … 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

Coronavirus Concerns Grow As World Health Organization Declares Pandemic

By Harris Mufson, Evandro Gigante, Guy Brenner, Laura Fant, Nayirie K. Mehdikhani and Rachel Therese Gulotta on Posted in Coronavirus, Discrimination, Harassment and Retaliation, Leaves of Absences, Workplace Policies and Procedures, Workplace Safety
Coronovirus**Updated March 12, 2020** Declaration of Coronavirus Pandemic by the World Health Organization On March 11, 2020, the World Health Organization (WHO) declared a global pandemic regarding the 2019 Novel Coronavirus (also referred to as COVID-19, but more commonly known simply as the “Coronavirus”), which has spread to over 100 countries and territories.  The WHO … Continue Reading

Mandatory “Bias Audits” and Special Notices to Job Candidates: New York City Aims to Regulate the Use of Artificial Intelligence in the Workplace

By Joseph O’Keefe, Danielle J. Moss and Tony S. Martinez on Posted in Workplace Policies and Procedures
As previously discussed here, the use of artificial intelligence in the workplace has drawn scrutiny from regulatory bodies and activist groups who have expressed concern that such technology may not neutrally screen applicants without regard to protected characteristics. To address these concerns, the New York City Council introduced a bill (Int. 1894-2020) on February 27, … Continue Reading

Coronavirus Concerns Continue as CDC Issues Additional Travel Notices

By Evandro Gigante, Guy Brenner, Laura Fant and Nayirie K. Mehdikhani on Posted in Coronavirus, Discrimination, Harassment and Retaliation, Leaves of Absences, Workplace Policies and Procedures, Workplace Safety
CDC LogoAs employers are likely aware, cases of the 2019 Novel Coronavirus (also referred to as COVID-19, but more commonly known simply as the “Coronavirus”) continue to spread. While the U.S. Centers for Disease Control and Prevention (CDC) continues to maintain that the risk to the general U.S. population presently remains low, the CDC is now … Continue Reading

New Jersey to Consider Mandatory Anti-Harassment Training and Other Significant Expansions of the NJ Law Against Discrimination

By Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
New Jersey Governor Phil Murphy has unveiled a sweeping legislative proposal regarding harassment in the workplace, as well as in housing, public accommodations, and business relationships. The proposal would amend the NJ Law Against Discrimination (“NJLAD”) in numerous significant ways. The proposed legislation to a large extent mirrors that which has been introduced in several … Continue Reading

Final Regulations Issued for New Jersey Paid Sick Leave Act

By Harris Mufson, Arielle E. Kobetz and Alex Downie on Posted in Leaves of Absences, Workplace Policies and Procedures
The New Jersey Department of Labor and Workforce Development (the “Department”) has issued its final regulations regarding the state’s Paid Sick Leave Act (the “Act”), which took effect on October 29, 2018. The Department also published its responses to over one hundred comments submitted by members of the public regarding the proposed regulations. As we … Continue Reading

CDC Releases Guidance for Employers Regarding the Coronavirus

By Evandro Gigante, Guy Brenner, Laura Fant and Nayirie K. Mehdikhani on Posted in Accessibility & Accommodation, Coronavirus, Discrimination, Harassment and Retaliation, Workplace Policies and Procedures, Workplace Safety
CDC LogoAs the recent Coronavirus outbreak continues, the Centers for Disease Control and Prevention (CDC) has released guidance specifically for employers, outlining recommendations and best practices to protect their workplaces. As we previously addressed in detail in our prior blog on Coronavirus and the Workplace, employers may face a number of issues related to the Coronavirus … Continue Reading

Pittsburgh Paid Sick Leave Ordinance To Take Effect March 15, 2020

By Harris Mufson and Arielle E. Kobetz on Posted in Leaves of Absences, Workplace Policies and Procedures
Following a prolonged legal challenge brought by a group of Pittsburgh businesses, Pittsburgh’s paid sick leave ordinance will finally take effect on March 15, 2020. As we previously reported, in August 2015, the City of Pittsburgh passed the Paid Sick Days Act (the “Act”) which would have required most employers to provide their employees with … Continue Reading

[Podcast]: How Employers Can Deal with the Coronavirus

By Harris Mufson and Guy Brenner on Posted in Accessibility & Accommodation, Coronavirus, The Proskauer Brief Podcast, Workplace Policies and Procedures, Workplace Safety
In this episode of The Proskauer Brief, partners Harris Mufson and Guy Brenner discuss the coronavirus and what employers should be thinking about regarding that virus in the workplace. While the Occupational Safety and Health Administration has stated that most American workers are not at significant risk of infection at this time, it’s never too early for employers to … Continue Reading

Coronavirus and the Workplace: What Employers Need To Know

By Evandro Gigante, Guy Brenner, Laura Fant, Nayirie K. Mehdikhani and Alex Downie on Posted in Accessibility & Accommodation, Coronavirus, Discrimination, Harassment and Retaliation, Workplace Policies and Procedures, Workplace Safety
Coronovirus*** Last Updated: March 13, 2020 *** News that cases of the newly-identified 2019 Novel Coronavirus (also referred to as COVID-19, 2019-nCoV, or SARS-CoV-2, but more commonly known simply as the “Coronavirus”) continue to spread has prompted employers to think about employee safety and ways to address prevention in the workplace, as well as planning … Continue Reading

The Employment Law Landscape in 2020

By Evandro Gigante, Arielle E. Kobetz and Tony S. Martinez on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
2019 was a busy year for lawmakers across the nation, underscoring the need for employers to remain apprised of all the new laws that will be taking effect in 2020. Below we summarize some of the significant developments employers should be on the lookout for in the new year. Sexual Harassment and Discrimination Laws On … Continue Reading

New Jersey Becomes the Third State to Prohibit Hairstyle Discrimination

By Harris Mufson and Arielle E. Kobetz on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
New Jersey Governor Phil Murphy signed into law the Create a Respectful and Open Workspace for Natural Hair (“CROWN”) Act, which prohibits employers from discriminating against applicants or employees based upon hairstyle. Effective immediately, the CROWN Act amends the New Jersey Law Against Discrimination to define “race” as inclusive of “traits historically associated with race” … Continue Reading

[Podcast]: California’s Legislative Response to the #MeToo Movement

By Tony Oncidi and Kate Gold on Posted in Discrimination, Harassment and Retaliation, The Proskauer Brief Podcast, Workplace Policies and Procedures
In this episode of The Proskauer Brief, partners Tony Oncidi and Kate Gold discuss California’s most recent legislative response to the #MeToo movement.  These developments include new restrictions on confidentiality and arbitration as well as the extension of the statute of limitations applicable to harassment, discrimination and retaliation claims.  So be sure to tune in as Tony and Kate … Continue Reading

Westchester County, New York Issues Guidance and Mandatory Notices for Safe Time Leave Law

By Allan Bloom, Laura Fant and Arielle E. Kobetz on Posted in Leaves of Absences, Workplace Policies and Procedures
As we previously reported, effective October 30, 2019, Westchester County, NY employers are required to provide paid leave to employees who are victims of domestic violence or human trafficking (“safe time”). Leave under the new ordinance will be in addition to paid time off already required to be provided to employees under the Westchester County … Continue Reading

Voting and Other Political Activities: Is Your Workplace Ready for Election Day?

By Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
Hand dropping ballot into boxAnother Election Day is just around the corner. And with nearly every state having at least one law addressing voting leave and/or other political-related activities, it can be easy to get tripped up in the details. In addition, some states, including New York, have recently updated their employee voting laws. The following is an overview … Continue Reading
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