Coronavirus (COVID-19)

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Back in March 2021, when it wasn’t easy for many people to get an appointment for an inoculation against COVID-19, New York State created an incentive for employees to get vaccinated.  A new provision was added to the Labor Law, requiring employers to provide paid leave time to employees to obtain each dose. As we previously noted, this statute was intended to sunset on December 31, 2022. However, as this year’s busy legislative session wound down, a bill extending the provision was delivered to Governor Kathy Hochul, who signed off on a 12-month extension of the law’s effective date, through December 31, 2023. Thus, New York employers will be required to provide their employees up to four hours of paid time off for each COVID-19 shot through (at least) the end of next year.
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Continue Reading New York State Tacks on an Extra Year to Its Paid Vaccination Leave Law

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As featured in #WorkforceWednesday:  This week, we look at the business, legal, and tax implications of making decisions on a trend that’s here to stay: remote work.
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Continue Reading Video: Remote and Hybrid Work Policies, COVID-19 Positivity, NLRB/FTC Team Up on Non-Competes – Employment Law This Week

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As featured in #WorkforceWednesday:  This week, we update you on new COVID-19 guidance and union organizing and non-compete trends at the federal and local levels.
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Continue Reading Video: New COVID-19 Testing Guidance, NLRB Increases Use of Injunctive Relief, D.C. Amends Near-Universal Ban on Non-Competes – Employment Law This Week

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On July 12, 2022, the U.S. Equal Employment Opportunity Commission (“EEOC”) yet again updated its COVID-19 FAQs, revising earlier guidance about worksite screening through viral testing for COVID-19, modifying some Q&As, and making various generally non-substantive editorial changes throughout. According to the EEOC, it revised the guidance in light of the evolving circumstances of the…

On June 15, 2022, the U.S. Court of Appeals for the Fifth Circuit held that COVID-19 does not qualify as a “natural disaster” under the federal Workers’ Adjustment and Retraining Notification (“WARN”) Act, effectively foreclosing one important argument used by employers in defense of COVID-19-related WARN lawsuits.  As this is the only appellate court to affirmatively interpret WARN’s “natural disaster” exception, barring a split by other circuits, this case sets an important precedent in ongoing COVID-19-related WARN litigation, as well as WARN suits related to future pandemics.
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Continue Reading Fifth Circuit Holds COVID Is Not a “Natural Disaster” Under the WARN Act

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As featured in #WorkforceWednesday:  This week, we look at a range of recent anti-harassment and gender equity updates from across the country.
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Continue Reading Video: Return-to-Work Behavior Policies, U.S. Soccer’s Landmark Agreement, and Board Diversity in California – Employment Law This Week

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As featured in #WorkforceWednesday:  This week, we look at updated regulations in California and New York City and at the U.S. Department of Labor (DOL).
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Continue Reading Video: CA COVID-19 Policies Get Updates, NYC Pay Transparency Law Postponed, DOL Targets Worker Retaliation – Employment Law This Week

Where is the impact of alleged employment discrimination? That is the question when evaluating whether a remote worker can assert claims under the New York State Human Rights Law (“NYSHRL”) and New York City Human Rights Law (“NYCHRL”), according to a recent decision by U.S. District Judge Edgardo Ramos. Relying on state law, Judge Ramos concluded that the basis for subject matter jurisdiction has not changed during the COVID-19 pandemic and remains grounded in New York’s “Impact Test,” meaning courts will look to where the impact of alleged discriminatory conduct was felt. Thus, regardless of whether an employer is located in New York, the anti-discrimination laws are intended to protect employees who live or work in New York.
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Continue Reading New York’s Anti-Discrimination Laws Do Not Protect Out-of-State Remote Workers

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As featured in #WorkforceWednesday:  This week, we examine best practices for crafting flexible work arrangement policies. Requests to continue working remotely or with flexibility remain high as we emerge from the COVID-19 pandemic.
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Continue Reading Video: Flexible Work Arrangement Policies, State-Level Privacy Laws Increasing, AI and Disability Bias – Employment Law This Week

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As featured in #WorkforceWednesday:  This week, we’re breaking down recent local- and state-level developments impacting compliance for employers.
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Continue Reading Video: NYC Pay Transparency Law, Florida Diversity Training, and Cal/OSHA’s COVID-19 ETS – Employment Law This Week