Archer Employment Law

(Click here for printable PDF)   On December 31, 2020, the Family’s First Coronavirus Response Act’s (“FFCRA”) requirement that employers provide paid leave for COVID-19 related reasons officially expired. However, in the latest stimulus bill passed under the new Biden Administration, the FFCRA paid leave was further extended (until September 2021) and even expanded in scope. But, as with the prior extension, FFCRA paid leave remains a voluntary program – paid leave only…
(Click here for printable PDF) Employers nationwide are contemplating offering incentives to encourage employees to receive a COVID-19 vaccine as a way to avoid the practical and potentially disruptive alternative of requiring employees to be vaccinated. Although it has been determined by the federal Equal Employment Opportunity Commission (EEOC) that requiring all employees to be vaccinated is generally legal, whether it is legal to offer incentives as an alternative is still an open question. The prevailing view…
In a world where layoffs and terminations are a possibility for any business, it is essential that employers understand some of the critical mistakes they could make when providing severance payments to employees. Here are some of the biggest ones we have seen and how to conquer them: Not having a written agreement with a release – Yes, there have been instances where an employer provides a severance payment and never required a written release…
Confusion and potential dizziness are among the side effects faced by employers making efforts to comply with the array of new rules and regulations implemented in response to COVID-19. Since the inception of the pandemic, employers have struggled to stay up to date on the ever-changing laws and guidelines, including those specific to quarantine requirements. Can my employee come to work if they have been exposed to COVID-19? How long must the employee quarantine? What…
As a cautious employer, let’s say you run a criminal background check on all of your applicants.  Your latest candidate’s report comes up with an arrest record from just a few months ago for theft, but no conviction. What do you do? In a situation like this, it is best to call counsel because the wrong answer could cost the company. When we hear something like this from a client, there are many questions that…
Archer has teamed up with the Chamber of Commerce Southern New Jersey to present a six week webinar series. Join attorneys from Archer’s COVID-19 Task Force as they present “Preparing for the Next Chapter of COVID-19: Legal Guidance for Uncertain Times.” See below for more information and the link to register. Please note, you are registering for all events in this series. If you are unable to attend any of the sessions, a recording will be sent…
Douglas Diaz, Partner in Archer’s Labor & Employment group, will present at the NJBIA webinar, “Human Resource Council: Can Employers Mandate the COVID-19 Vaccine?” on January 13 at 11:30 a.m. His presentation will cover the proper way to mandate a vaccine in your employee handbook. He will be joined by Dr. Margaret Fisher, Special adviser to the Department of Health Commissioner, who will cover the latest information regarding the COVID19 Vaccine. What: “Human Resource…
Peter Frattarelli, Partner and Chair of Archer’s Labor & Employment Practice Group, will present at NJBIA’s “COVID Lawsuits and Safety” webinar on December 17, 2020 from 11:30 AM – 12:30 PM. This presentation will provide an overview of lawsuits filed (already) by employees related to the COVID pandemic, including claims of a failure to follow laws and regulations and to provide a safe workplace.  This presentation will also provide a detailed overview of the…
Peter Frattarelli, Partner and Chair of Archer’s Labor & Employment Practice Group, will present at NJBIA’s “Handbook Seminar Series Part 3: Leaves Of Absence” webinar on November 30 from 1:00 PM – 02:30 PM. In this part of the Employee Handbook Seminar Series, Mr. Frattarelli will use sample policies to discuss relevant laws and regulations that employers must consider when drafting/updating employee benefit policies, including:        Federal Family Medical Leave Act  …
(Click here for printable PDF) On Wednesday, October 22, 2020, the federal Centers for Disease Control and Prevention (“CDC”) expanded the definition of “close contact” for purposes of determining an exposure to COVID-19. This new definition will have an immediate and important impact for all employers. Specifically, this new definition changes how workplaces (and beyond) should evaluate COVID-19 risks and react when a confirmed case of COVID-19 has been identified. Whether someone has…