Employment Law

Readying for the Return: US Department of Labor Issues New FAQs Related to the FFCRA and Return to School Issues

September 3, 2020

As we have recently posted on numerous occasions, 3/17/20, 3/19/20, 3/27/20, 4/6/20, and 8/10/20, the federal Families First Coronavirus Response Act (“FFCRA”) requires most employers with fewer than 500 workers to provide paid time off for specified reasons related to COVID-19, including that (1) the employee is suffering from COVID-19 symptoms and seeking a medical diagnosis for same or is subject to a quarantine order; (2) the employee is caring…

Employment Law

Attention Employers: U.S. Department of Labor Issues New Model FMLA Forms

By Marissa A. Mastroianni

September 1, 2020

In an attempt to streamline the prior model notice of rights, certification, and designation forms under the federal Family and Medical Leave Act (“FMLA”), the U.S. Department of Labor (“DOL”) recently released new model forms, which covered employers may now start to use. Employers may access the new forms on the DOL’s website. While these forms are optional and employers are permitted to use their own forms, employers should ensure that their forms provide…

Employment Law

More Confusion Regarding Families First Coronavirus Response Act (“FFCRA”): SDNY Issues Order Vacating Parts of DOL Final Regulation

By Randi W. Kochman

August 10, 2020

On August 3, 2020, the Southern District of New York (Judge J. Paul Oetken) issued a decision vacating four (4) parts of the FFCRA but upholding the rest. This decision came out of a lawsuit filed by the State of New York in which the State challenged certain aspects of the FFCRA and the regulations implementing the law. See State of New York v. U.S. Department of Labor, 1:20-cv-03020 (S.D.N.Y. 2020). As we have previously…

Employment Law

Readying For The Return: More EEOC Guidance Comes Down The Pipeline For Employers

By Marissa A. Mastroianni

June 18, 2020

As employers across the country are re-opening or preparing to re-open their “doors,” federal agencies are continuing to issue guidance in light of the unique challenges presented by the COVID-19 pandemic. As we previously reported, the Equal Employment Opportunity Commission (“EEOC”) has published regular guidance regarding employees returning to the workplace. On June 11, 2020, the EEOC issued additional Technical Assistance Questions and Answers for employers regarding the application of various non-discrimination laws to…

Employment Law

Supreme Court Holds that Employers Cannot Discriminate Against Employees on the Basis of Sexual Orientation or Gender Identity

By Randi W. Kochman & Marissa A. Mastroianni

June 16, 2020

On June 15, 2020, in a 6-3 decision, the United States Supreme Court made clear that employers may not discriminate against employees on the basis of sexual orientation or gender identity. Specifically, the Court held that Title VII of the Civil Rights Act’s prohibition against discrimination on the basis of “sex” includes discrimination on the basis of sexual orientation and gender identity. Bostock v. Clayton County, No. 17-1618, 590 U.S. __ (2020). The Court’s decision…

Employment Law

Second Federal Judge Refuses to Apply CPLR 7515’s Ban on Arbitration of Discrimination Claims

By Bradley P. Pollina

June 15, 2020

New York CPLR Section 7515, passed in 2018, prohibits mandatory arbitration of “any allegation or claim of discrimination.” Last week, Chief Judge Colleen McMahon of the United States District Court for the Southern District of New York became the second federal judge to conclude that this state ban on arbitration of discrimination claims contravenes the Federal Arbitration Act (“FAA”), and granted an employer’s motion to compel arbitration of a former employee’s claims alleging race and…

Employment Law

Readying for The Return: New York Requires Mandatory Screening for Reopening Phase 1 Employers

By Jamie P. Clare

May 22, 2020

Your temperature says a lot about your state of health

On May 20, 2020, the New York State Department of Labor (“NYSDOL”) published guidance for Phase 1 reopening employers, requiring mandatory health screening assessments before employees begin work each day and for essential visitors (not customers). The guidance establishes that Phase I employers must inquire as to whether employees and/or visitors have experienced the following: (1) COVID-19 symptoms in the past 14 days; (2) Positive COVID-19 test in the past 14 days; and/or (3) Close…

Employment Law

Readying for the Return: EEOC Updates and Clarifies Guidance on Accommodating Disabled Employees Upon Returning to the Workplace

By Randi W. Kochman

May 12, 2020

On Thursday May 7, 2020, the Equal Employment Opportunity Commission (“EEOC”) updated and clarified its previous guidance as to how employers should treat employees with underlying medical conditions amidst the COVID pandemic. The link to the guidance can be found here. As we have previously blogged on 5/7 and 3/2, the EEOC has provided regular guidance on the impact of laws prohibiting discrimination and requiring accommodation in the workplace during the COVID pandemic.…

Employment Law

Readying for the Return: Screening Employees and Preparing the Workplace for COVID-19

By Jamie P. Clare

May 7, 2020

With talk of reopening states and getting back to work emerging amid the ongoing COVID-19 pandemic, the United States Equal Employment Opportunity Commission (“EEOC”) announced that employers may test for COVID-19 without violating the Americans with Disabilities Act (“ADA”). In COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws, the EEOC provides that during a pandemic, ADA-covered employers may ask employees who call in sick if they are experiencing symptoms of the pandemic…

Employment Law

Readying for the Return: Employers Should Review Insurance Policies for These Protections

By Donald A. Ottaunick

May 4, 2020

Re-opening the workplace may expose employers to potential liabilities, particularly if an employee contracts the virus from a workplace exposure. Some companies are already becoming involved in such lawsuits and they may present some challenges from an insurance perspective. A recent lawsuit filed in Illinois, Estate of Evans v. Walmart, involves the survivors of a Walmart employee who died after contracting the virus, allegedly while at work. The complaint alleges that the Walmart location involved…

Employment Law

Blog Authors

Readying for the Return: US Department of Labor Issues New FAQs Related to the FFCRA and Return to School Issues

Attention Employers: U.S. Department of Labor Issues New Model FMLA Forms

More Confusion Regarding Families First Coronavirus Response Act (“FFCRA”): SDNY Issues Order Vacating Parts of DOL Final Regulation

Readying For The Return: More EEOC Guidance Comes Down The Pipeline For Employers

Supreme Court Holds that Employers Cannot Discriminate Against Employees on the Basis of Sexual Orientation or Gender Identity

Second Federal Judge Refuses to Apply CPLR 7515’s Ban on Arbitration of Discrimination Claims

Readying for The Return: New York Requires Mandatory Screening for Reopening Phase 1 Employers

Readying for the Return: EEOC Updates and Clarifies Guidance on Accommodating Disabled Employees Upon Returning to the Workplace

Readying for the Return: Screening Employees and Preparing the Workplace for COVID-19

Readying for the Return: Employers Should Review Insurance Policies for These Protections

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