Law and the Workplace

Tag Archives: coronavirus

OSHA Launches New Workplace Safety Initiative and Updated Enforcement Guidance Regarding COVID-19

By Harris Mufson, Lexie Reynolds and Julia Hollreiser on Posted in Biden Administration Coverage, Coronavirus, Workplace Safety
As we previously reported, on January 21, 2021, President Biden issued an executive order aimed at increasing COVID-19 workplace safety measures at the federal level. In response to President Biden’s directive, OSHA announced on March 12, 2021 the launch of a national emphasis program (“NEP”) to focus its enforcement efforts on employers that put the … Continue Reading

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

By Evandro Gigante, Harris Mufson, Alex Downie and Rebecca Fishbein on Posted in Coronavirus
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

OSHA Issues New Workplace Safety Guidance Regarding COVID-19

By Harris Mufson, Lexie Reynolds and Heylee Bernstein on Posted in Biden Administration Coverage, Coronavirus, Workplace Safety
As we previously reported, last week President Biden directed the Secretary of Labor to issue revised guidance to employers on workplace safety during the COVID-19 pandemic. In response to that directive, OSHA issued what the DOL described as “stronger” worker safety guidance to advise employers during the COVID-19 pandemic. OSHA’s newest guidance, titled “Protecting Workers: … Continue Reading

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

By Evandro Gigante, Harris Mufson, Alex Downie and Rebecca Fishbein on Posted in Coronavirus, Leaves of Absences
***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

[Podcast]: Mandatory COVID-19 Vaccinations

By Evandro Gigante and Harris Mufson 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

EEOC Issues Guidance on COVID-19 Vaccines

By Abigail Rosenblum, Alex Downie, Evandro Gigante and Harris Mufson 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 Arielle E. Kobetz, Evandro Gigante 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 Alex Downie and Evandro Gigante 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

DOL Updates FFCRA Regulations in Light of Recent SDNY Decision

By Alex Downie, Evandro Gigante and Laura Fant 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 Alex Downie, Evandro Gigante, Guy Brenner, Harris Mufson and Laura Fant 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 Evandro Gigante, Harris Mufson and Jurate Schwartz 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 Alex Downie, Evandro Gigante and Laura Fant 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

SDNY Decision Strikes Down Portions of DOL’s FFCRA Regulations

By Evandro Gigante, Heylee Bernstein and Laura Fant 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

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
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 Lexie Reynolds and Harris Mufson 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 Abigail Rosenblum, Evandro Gigante, Harris Mufson and Laura Fant 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 Lexie Reynolds, Caroline Guensberg and Guy Brenner 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 Lexie Reynolds, Heylee Bernstein and Harris Mufson 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 Lexie Reynolds, Heylee Bernstein and Harris Mufson 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, Rachel Therese Gulotta and Laura Fant 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

Top Three Takeaways from OSHA Chief’s Testimony Regarding OSHA Enforcement During the COVID-19 Pandemic

By Lexie Reynolds, Alex Downie and Harris Mufson on Posted in Coronavirus, Workplace Safety
OSHA logoAmid growing criticism of the agency’s response to the COVID-19 pandemic, OSHA’s Principal Deputy Assistant Secretary, Loren E. Sweatt (“Sweatt”), testified before the House Education and Labor Committee’s Workforce Protections Subcommittee last Wednesday during which she defended the agency’s actions to protect worker safety during the pandemic. Below, we discuss the top three takeaways from … Continue Reading

CDC Issues Guidance Warning Against Use of Antibody Testing in Making Decisions Regarding Returning Employees to the Workplace

By Evandro Gigante, Harris Mufson and Laura Fant on Posted in Coronavirus
CDC LogoThe CDC has issued interim guidance on antibody testing for the SARS-CoV-2 coronavirus that causes COVID-19. While the guidance is primarily directed at clinical and public health entities, it does contain some information relevant to employers, educational institutions, and other entities who may be considering whether and to what extent such antibody testing may play … Continue Reading

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
OSHA logoOn 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
LexBlog

This website uses third party cookies, over which we have no control. To deactivate the use of third party advertising cookies, you should alter the settings in your browser.

OK