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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

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As featured in #WorkforceWednesday:  This week, we look at compliance and enforcement developments at the federal level and in the specific jurisdictions of New York City and California.
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Continue Reading Video: EEOC COVID-19 Charges Surge, NYC’s Pay Transparency Law, SCOTUS Considers PAGA – Employment Law This Week

On March 14, 2022, the EEOC issued a technical assistance document, The COVID-19 Pandemic and Caregiver Discrimination Under Federal Employment Discrimination Laws, which provides guidance as to ways equal employment opportunity laws enforced by the EEOC (“EEO laws”) may apply to caregivers. In conjunction with this, the EEOC added a Section I (“Caregivers/Family Responsibilities”)  to “What You Should Know About COVID-19…,” its primary COVID-19 related guidance document. Enforcement guidance issued by the EEOC in 2007, previously addressed circumstances in which discrimination against caregivers might constitute unlawful disparate treatment. The EEOC has issued this new guidance in response to how the COVID-19 pandemic has particularly affected employees with caregiver responsibilities.
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Continue Reading A New Protected Class? Not Quite, but the EEOC Is Looking Out for Workers with Caregiving Obligations

The New York HERO Act website was quietly updated on the afternoon of March 18, 2022 to confirm that the designation of COVID-19 as an airborne infectious disease that presents a serious risk of harm to the public health has ended. This means the “activation” of HERO Act safety plans is over.

On March 17, 2022, the designation of COVID-19 as an airborne infectious disease that presents a serious risk of harm to the public health under the HERO Act ended. Private sector employers are no longer required to implement their workforce safety plans.…

Continue Reading New York HERO Act Designation Over, Six Months Later

While the fate of two COVID-19 vaccination rules by federal agencies were decided in January by the Supreme Court of the United States, millions of employees working for the federal government, whether directly or as a contractor, have been waiting for clarity in the wake of court orders halting Presidential efforts to promote vaccination.  Here is a brief update on the status of litigation challenging the extent of the President’s authority to command the Executive Branch.
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Continue Reading President Biden’s Vaccination Mandates for Federal Employees and Contractors Remain in Limbo