Law and the Workplace

Tag Archives: workplace safety

$22 Million FLSA Verdict Illustrates the Significance of Brief Unpaid Work Tasks

By Allan Bloom, Philippe A. Lebel, Jonathan Slowik and Morgan Peterson on Posted in FLSA, Wage and Hour, Workplace Safety
On May 9, the U.S. Department of Labor (“DOL”) secured its largest Fair Labor Standards Act (“FLSA”) jury verdict in history, when a jury in the Eastern District of Pennsylvania awarded $22 million to a class of approximately 7,500 workers for unpaid time spent on pre- and post-shift activities.  The case is Su v. East … Continue Reading

COVID-19 and the Workplace: Where Do We Stand?

By Evandro Gigante, Jurate Schwartz, Laura Fant, Arielle E. Kobetz and Raymond Arroyo on Posted in Coronavirus, Workplace Policies and Procedures, Workplace Safety
CoronovirusAs we have reported previously, on April 10, 2023 President Biden signed legislation ending the COVID-19 National Emergency.  However, the rollback of COVID-19 workplace requirements was already underway in many state and municipal legislatures, with some requirements having previously been repealed or with others scheduled to (or already having) sunset.  With this transition, employers are … 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

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

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

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

Zika Virus and the Workplace: What Employers Should Know

By Katharine Parker and Laura Fant on Posted in Workplace Policies and Procedures, Workplace Safety
News that the Zika virus has reached the United States may be prompting employers to think more closely about employee safety and what steps should be taken to address disease prevention and management in the workplace. What Is Zika? According to the Centers for Disease Control and Prevention (CDC), Zika is a virus that is … Continue Reading

New News on Ebola May Require Changes in Employer Procedures

By Katharine Parker on Posted in Workplace Policies and Procedures
New news reports on Ebola, both about the epidemic in West Africa and new details about the health care workers in Dallas who have been infected, have heightened employer concerns.  Today Andrew Morse of the Wall Street Journal reported that the World Health Organization (WHO) is predicting that as many as 10,000 new cases a week … Continue Reading

Protecting Healthcare and Other Employees From Ebola

By Herschel Goldfield, Katharine Parker and Richard Zall on Posted in Workplace Policies and Procedures
News that a  U.S. based health-care worker in Dallas has contracted Ebola while caring for a patient with the disease has raised questions about the protections that health care facilities and other employers must provide for workers who might be exposed to Ebola.  I asked my health care law colleagues Herschel Goldfield, Senior Counsel in Proskauer’s … Continue Reading

Ebola Worries and the Workplace – What Can Employers Do?

By Katharine Parker and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
With the current Ebola outbreak leading the news, employers may be considering what steps can and should be taken in the event that an employee has recently traveled to an area that is experiencing a significant rate of infection.  First, employers should know that the World Health Organization has stated the “risk of a tourist … Continue Reading

DOJ Releases Updated Guidance on Wheelchairs, Mobility Aids, and Other Power-Driven Mobility Devices

By Allan Weitzman and Joshua Stein on Posted in Accessibility & Accommodation, Workplace Policies and Procedures
This winter, the United States Department of Justice (“DOJ”) released a new technical assistance guidance (the “Guidance”) regarding Wheelchairs, Mobility Aids, and Other Power-Driven Mobility Devices (“OPDMD”), which elaborates upon the requirements set forth in the regulations governing Titles II (State and Local governments) and III (places of public accommodation) of the Americans with Disabilities … Continue Reading

New York State Amends Labor Law to Protect Child Models

By Allan Weitzman, Fredric Leffler, Jeremy M. Mittman, Katharine Parker and Marc A. Mandelman on Posted in Wage and Hour, Workplace Policies and Procedures
Runway and print models under the age of 18 are now considered “child performers” under an amendment to the New York Labor Law, Art. 4-A, §§ 150-154 signed by Governor Cuomo on October 21, 2013. This amendment is significant because it provides child models the same protections under the labor law as other young entertainers, including child … Continue Reading
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