Employment Law

United States Department of Labor Issues Guidance Clarifying COBRA Subsidy Under the American Rescue Plan Act of 2021

By Randi W. Kochman & Marissa A. Mastroianni

April 13, 2021

As part of the American Rescue Plan Act of 2021 (“ARPA”), Congress enacted a temporary Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”) subsidy for certain individuals for coverage periods from April 1, 2021 to September 30, 2021 (the “Subsidy Period”). On April 7, 2021 the United States Department of Labor (“DOL”) issued FAQs to assist employers and plan administrators to understand the subsidy. The subsidy provides that the employee need not pay COBRA premiums…

Employment Law

New York State Issues Guidance on Paid COVID-19 Vaccination Leave Law

By Marissa A. Mastroianni & Molly G. Rothschild

April 7, 2021

New York state recently enacted legislation granting employees paid leave in order to get a COVID-19 vaccine. Now, both private and public employees are entitled to up to four (4) hours of paid leave per injection. The New York State Department of Labor (“NYDOL”) recently issued guidance (the “Guidance”) clarifying the parameters of the new law. The paid leave must be used for the employee’s vaccination. The paid leave applies only to the…

Employment Law

New York Passes Employment Protections for Recreational Cannabis Use

By Randi W. Kochman & Marissa A. Mastroianni

April 5, 2021

On March 31, 2021, Governor Andrew Cuomo signed the Cannabis/Marijuana Regulation and Taxation Act (the “Act”), which legalizes recreational cannabis use for adults aged 21 and over. The Act provides the framework for the New York adult-use cannabis market, including the creation of the Cannabis Control Board and Office of Cannabis Management, and also expands the State’s existing medical cannabis and cannabinoid hemp programs. While the sale of cannabis will likely not become legal until…

Employment Law

District of New Jersey Rules that New Jersey Ban on Employment Arbitration Agreements is Preempted by the Federal Arbitration Act

By Randi W. Kochman & Adam J. Horowitz

March 31, 2021

In a decision rendered March 25, 2021, United States District Court Judge Anne E. Thompson barred the State of New Jersey from enforcing a recently enacted statutory provision that precluded employers from requiring workers to arbitrate discrimination and harassment claims. The Court held that the Federal Arbitration Act (the “FAA”) preempts N.J. ST § 10:5-12.7 (“Section 12.7”) and permanently enjoined the State from enforcing Section 12.7. By way of background, in March 2019, the New…

Employment Law

New York State Passes Law Providing Paid Time Off for COVID-19 Vaccination and Revises Domestic Travel Advisory

By Marissa A. Mastroianni & Molly G. Rothschild

March 19, 2021

Paid COVID-19 Vaccination Leave On March 12, 2021, Governor Cuomo signed legislation (S2588A/A3354B) granting public and private employees paid leave in order to get a COVID-19 vaccine. The new law, which went into effect immediately, gives employees up to four (4) hours of paid leave per injection. Therefore, employees who receive a COVID-19 vaccine that requires two (2) injections are entitled to take up to eight (8) hours of paid time off. The new law…

Employment Law

New Jersey Legalizes Recreational Cannabis and Enacts Employment Protections for Cannabis Users

By Randi W. Kochman & Marissa A. Mastroianni

March 1, 2021

On February 22, 2021, Governor Phil Murphy signed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“NJCREAMMA”), which legalizes the recreational use of cannabis for adults age 21 and over. On that same date, Governor Murphy also signed the companion cannabis decriminalization bill (A1897) (the “Decriminalization Law”) and the “Clean Up” bill (S3454), which decriminalize cannabis and address penalties for the possession and consumption of cannabis by individuals who are under 21…

Employment Law

New York Department of Labor Issues Additional Guidance on the COVID-19 Sick Leave Law, Imposing New Obligations on Employers

By Randi W. Kochman & Marissa A. Mastroianni

January 27, 2021

After more than ten (10) months since going into effect, on January 20, 2021, the New York Department of Labor (“NYDOL”) issued new guidance (the “Guidance”) regarding the New York COVID-19 Sick Leave Law (the “Law”). As we initially reported, depending upon employer size and net income, the Law requires New York employers to provide job-protected sick leave (otherwise known as quarantine leave) to employees who are subject to a mandatory or precautionary order…

Employment Law

WARN Act Update: Amount of Notice Provided for Pandemic-Related Mass Layoffs Subject to Close Judicial Scrutiny

By Bradley P. Pollina

January 7, 2021

The Federal Worker Adjustment and Retraining Notification Act (“WARN Act”) generally requires large employers to provide 60 days’ advance notice to employees before instituting a “plant closing” or “mass layoff” affecting 50 or more people at a single site of employment. However, there are various other provisions of the WARN Act that relax this notice requirement under certain circumstances. Two exceptions commonly relied upon to institute pandemic-related layoffs with less than 60 days’ notice are…

Employment Law

Consolidated Appropriations Act of 2021 Enacted: What Employers Need to Know Now

By Randi W. Kochman

December 29, 2020

Madeline L. Stein, a law clerk at Cole Schotz P.C., co-authored this article On the evening of December 21, 2020, the House and Senate approved a $900 billion stimulus package included as part of the Consolidated Appropriations Act of 2021 (the “Act”). The President signed the Act into law on December 27, 2020. The stimulus package provides COVID-19 pandemic relief to Americans, including direct payments, unemployment benefits, and small business loans. In part, the legislation…

Employment Law

Legal and Practical Implications for Employers Adopting Mandatory COVID-19 Vaccination Policies

By Randi W. Kochman & Marissa A. Mastroianni

December 21, 2020

Last week, the Equal Employment Opportunity Commission (“EEOC”) issued guidance clarifying that, in certain circumstances, employers will have the ability to require that employees receive the COVID-19 vaccine (the “Guidance”). As the vaccine becomes more publicly available in the coming months, employers must consider both the legal and practical implications of adopting a mandatory vaccination policy. As a result of these implications discussed below, many employers may also consider whether encouraging employees be vaccinated (instead…

Employment Law

Blog Authors

United States Department of Labor Issues Guidance Clarifying COBRA Subsidy Under the American Rescue Plan Act of 2021

New York State Issues Guidance on Paid COVID-19 Vaccination Leave Law

New York Passes Employment Protections for Recreational Cannabis Use

District of New Jersey Rules that New Jersey Ban on Employment Arbitration Agreements is Preempted by the Federal Arbitration Act

New York State Passes Law Providing Paid Time Off for COVID-19 Vaccination and Revises Domestic Travel Advisory

New Jersey Legalizes Recreational Cannabis and Enacts Employment Protections for Cannabis Users

New York Department of Labor Issues Additional Guidance on the COVID-19 Sick Leave Law, Imposing New Obligations on Employers

WARN Act Update: Amount of Notice Provided for Pandemic-Related Mass Layoffs Subject to Close Judicial Scrutiny

Consolidated Appropriations Act of 2021 Enacted: What Employers Need to Know Now

Legal and Practical Implications for Employers Adopting Mandatory COVID-19 Vaccination Policies

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