Law and the Workplace

Tag Archives: workplace policies

Florida Expands Ban on Vaccination, Testing and Masking Mandates

On May 11, 2023, Governor Ron DeSantis signed into law a “medical freedom” bill (SB 252), which amends and expands the existing Florida statute Section 381.00316, prohibiting businesses from requiring their customers and patrons to provide documentation of COVID-19 vaccination status. Under the amended law, businesses in Florida will be prohibited from discriminating in any … Continue Reading

CDC Provides Guidance for Workplace Vaccination Programs

On March 16, 2021, the CDC issued updated guidance for employers regarding COVID-19 vaccinations and the workplace. This guidance focuses on considerations for mandatory vaccination programs, reopening the workplace after employees have been vaccinated, and general best practices regarding vaccinations. Below, we highlight the key aspects of this guidance. Mandating Vaccination Similar to recent guidance … Continue Reading

[Podcast]: Mandatory COVID-19 Vaccinations

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

Massachusetts Announces Four Phase Plan to Reopen

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

[Podcast]: Recent Developments Associated With The Coronavirus Pandemic

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

Federal Court Denies Motion For Preliminary Injunction Of Anti-Retaliation Provisions of OSHA Reporting Rule

Yesterday, a federal judge denied a preliminary injunction filed by several businesses and business groups regarding the anti-retaliation portion of OSHA’s final rule regarding injury and illness reporting.  As previously discussed in this blog, the final rule generally requires employers to submit certain injury and illness information electronically.  The final rule also enhances anti-retaliation protections … Continue Reading

OSHA Issues Final Rule Regarding Injury and Illness Reporting

Yesterday, OSHA issued its long-anticipated final rule regarding injury and illness reporting. The final rule generally requires employers to submit electronically certain injury and illness information. OSHA will place that information on an online searchable database. The final rule also enhances anti-retaliation protections regarding reporting injuries and illnesses in the workplace. OSHA originally proposed the rule in 2013. The proposed … Continue Reading

D.C. DOES Provides Additional Guidance On The D.C. Wage Theft Prevention Amendment Act And Reveals New “Zip Code” Program For D.C. Employers

On Thursday, March 12, 2015, the District of Columbia Department of Employment Services (“DOES”) hosted its first Webinar regarding the D.C. Wage Theft Prevention Amendment Act (the “Act”), and its subsequent amendments. Our previous blog posts on the Act can be found here, here, here, here, and here. This post addresses the main points of clarification … Continue Reading

D.C. Issues Template Pay Notice And Guidance To Employers on the Wage Theft Prevention Amendment Act

On February 26, 2015, the D.C. Wage Theft Prevention Amendment Act (the “Act”) became law in the District of Columbia. As discussed in our previous blog posts and original client alert on the Act (available here, here, here, here and here), the Act made significant changes to several employment laws in the District of Columbia … Continue Reading

The D.C. Wage Theft Prevention Amendment Act Goes Into Effect Today – What D.C. Employers Need To Know

Today, the highly anticipated – and already twice-amended – D.C. Wage Theft Prevention Amendment Act (the “Act”) goes into effect for Washington, D.C. employers. In November 2014, then-D.C. Mayor Vincent Gray, signed the Act, which includes, among other things, a new pay notice requirement, increased penalties and damages for violating various D.C. employment laws, and … Continue Reading

Backlash against EEOC Enforcement Initiative on Background Checks Continues

In recent years, the Equal Employment Opportunity Commission (EEOC) has taken a more aggressive position against the use of criminal history in hiring and personnel decisions.  In 2012, the EEOC issued guidance warning that criminal background checks may have a disparate impact on racial and ethnic minorities in violation of Title VII of the Civil … Continue Reading

NYC Council Seeks Final Rule Banning Credit Checks

On September 12, the New York City Council held a hearing on a bill (Int. 0261-2014) that would effectively prohibit employers from inquiring about or using an individual’s credit history in hiring and personnel decisions, unless required by law.  The initiative enjoys wide support among members of the Council, though Mayor Bill DeBlasio and some … Continue Reading

Minnesota Court Limits Extraterritorial Reach of State Drug Testing Law

One question that frequently arises for employers when running a background check is which state’s/city’s law applies.  In Olson v. Push, Inc., No. 14-1163 ADM/JJK, 2014 WL 4097040 (D. Minn. Aug. 19, 2014), the District of Minnesota recently held that the state’s drug testing statute did not cover an applicant who lived and submitted to … Continue Reading

New Louisiana Law Protects Employers From Negligent Hiring and Supervision Claims

On August 1, 2014, a new Louisiana law took effect to protect companies that hire ex-offenders who go on to cause damage or injury during the course of their employment.  The law provides that, subject to certain exceptions, an employer may not be held liable for negligent hiring or supervision solely because it hired or … Continue Reading
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