Federal Paid Sick Leave and Expansion of FMLA Benefits – Health Care Provider and Emergency Responder Exemptions

March 30, 2020

By Jacqueline A. Giordano and Jessica C. Moller

The Families First Coronavirus Response Act (FFCRA) provides paid sick leave and amends the Family and Medical Leave Act (FMLA) to include a new qualifying reason for leave related to COVID-19. However, the FFCRA permits employers to exempt “health care providers” and “emergency responders” from eligibility for these benefits.

Read More >> Federal Paid Sick Leave and Expansion of FMLA Benefits – Health Care Provider and Emergency Responder Exemptions

U.S. Department of Labor Issues Questions and Answers Regarding the Families First Coronavirus Response Act

March 30, 2020

By Adam P. Mastroleo

On March 18, 2020, the Families First Coronavirus Response Act (“FFCRA”) was enacted.  The statute left many questions regarding its implementation and administration unanswered.  Over the past several days, the U.S. Department of Labor (the “DOL”) has been publishing questions and answers addressing some of these unanswered questions.  Here is a summary of some of the key information provided by the DOL.

Read More >> U.S. Department of Labor Issues Questions and Answers Regarding the Families First Coronavirus Response Act

New York State Issues FAQs Regarding the New COVID-19 Paid Sick Leave Law

March 25, 2020

By Subhash Viswanathan

New York State recently published some answers to frequently asked questions regarding the COVID-19 paid sick leave law that was enacted last week.  The FAQs clarify some aspects of the law that were not clear from the text of the statute and give some insight into the manner in which the law will be interpreted and enforced.

Read More >> New York State Issues FAQs Regarding the New COVID-19 Paid Sick Leave Law

A Summary of New York's COVID-19 Leave Law

March 23, 2020

By Katherine S. McClung

Last week, New York enacted new legislation regarding leave and other benefits for certain employees relating to COVID-19.  (The federal government also passed the Emergency Family and Medical Leave Expansion Act and the Emergency Paid Sick Leave Act, which we have covered in a prior blog post).  Unlike the federal laws, which take effect on April 2, the state law took effect immediately.  Here is a summary of what employees are entitled to receive under this new law.

Read More >> A Summary of New York's COVID-19 Leave Law

The Emergency Family and Medical Leave Expansion Act and the Emergency Paid Sick Leave Act: A Summary for Employers

March 20, 2020

By Andrew D. Bobrek

As part of the Families First Coronavirus Response Act, which was signed by President Trump on March 18, Congress enacted the Emergency Family and Medical Leave Expansion Act and the Emergency Paid Sick Leave Act.  Both of these enactments impose significant new obligations on employers.  Here is a summary of what employers need to know.

Read More >> The Emergency Family and Medical Leave Expansion Act and the Emergency Paid Sick Leave Act: A Summary for Employers

COVID-19: Update from the Governor’s Press Conference Today

March 20, 2020

By Hermes Fernandez and Caitlin A. Anderson

In his daily press briefing, Governor Cuomo stated this morning that all non-essential businesses will be required to reduce their workplace staffs to zero.  He stated that this will be enforced.  Violations of the workplace reduction will result in civil fines and even mandatory closure for any business not in compliance.  NOTE:  ESSENTIAL SERVICES DO NOT HAVE TO BE REDUCED.

Read More >> COVID-19: Update from the Governor’s Press Conference Today

New Executive Order Requires Reduction of In-Person Workforce by 75%

March 20, 2020

By Hermes Fernandez and Caitlin A. Anderson

Governor Andrew Cuomo issued Executive Order 202.6 late on March 18th.  Under the order, effective as of March 20th at 8 p.m., all businesses and not-for-profit entities are to use any telecommuting or work from home procedures that they can safely utilize to the maximum extent possible.  This order does not apply to government entities, municipalities and public schools.  This order requires every employer, unless exempted, to reduce its in-person workforce at any work locations by 50% by today, March 20th, at 8 p.m.

On March 19th, the Governor issued Executive Order 202.7.  This order requires every employer, unless exempted, to reduce its in-person workforce at any work locations by 75% by tomorrow, Saturday, March 21, at 8 p.m.

Read More >> New Executive Order Requires Reduction of In-Person Workforce by 75%

Governor Cuomo Issues Executive Order 202.6 to Reduce In-Person Workforce by 50%

March 19, 2020

By Hermes Fernandez and Caitlin A. Anderson

New York Governor Andrew Cuomo issued Executive Order 202.6 late on March 18.  Under the order, effective as of March 20 at 8 p.m., all businesses and not-for-profit entities are to use any telecommuting or work from home procedures that they can safely utilize to the maximum extent possible.

Most importantly, unless excepted, each employer is to reduce the in-person workforce at any work locations by 50% by tomorrow, Friday, March 20, at 8 p.m.

Read More >> Governor Cuomo Issues Executive Order 202.6 to Reduce In-Person Workforce by 50%

An Employee Has COVID-19. Now What Do I Do?

March 19, 2020

By Gail M. Norris

There is a lot of information available on the internet regarding an employer’s obligations in preparing for and dealing with the COVID-19 pandemic.  As a responsible employer, your organization has likely taken many steps to prepare for some of the work-related fall-out from this pandemic.

Still, if and when the first confirmed case of a COVID-19 infection in one of your employees occurs, it is normal to experience a momentary “panic freeze” about what to do.  This blog post lays out the basic rules to follow and resources to check.

Read More >> An Employee Has COVID-19. Now What Do I Do?

The COVID-19 Pandemic: Recommendations for Employers

March 16, 2020

By Monica C. Barrett and Subhash Viswanathan

The COVID-19 pandemic has already caused severe disruption to many businesses across the country. Employers will be required to continue to monitor developments and adjust to changing circumstances in the coming weeks and possibly months. We provide the following recommendations for employers in dealing with the many employment-related issues that will inevitably arise.

Read More >> The COVID-19 Pandemic: Recommendations for Employers

NLRB Issues Final Rule on Joint Employer Status

March 2, 2020

By Stephanie H. Fedorka

On February 26, 2020, the National Labor Relations Board issued its final rule regarding the standard for determining joint employer status.  The final rule overturns the standard articulated in the Board’s 2015 Browning-Ferris decision and returns to the pre-Browning-Ferris “direct control” standard.  The final rule also provides greater clarity regarding the application of the standard.  The purpose of the rule is to increase predictability and consistency with respect to the Board’s determination of joint employer status under the National Labor Relations Act.  The final rule will go into effect on April 27, 2020.

Read More >> NLRB Issues Final Rule on Joint Employer Status

New York Reduces the Period of Time that Striking Workers Must Wait Before Receiving Unemployment Insurance Benefits

February 20, 2020

By Nicholas P. Jacobson

On February 6, 2020, Governor Andrew Cuomo signed an amendment to New York Labor Law § 592 that reduces the period of time that striking workers must wait before receiving unemployment insurance benefits.  The amendment took effect immediately.

Read More >> New York Reduces the Period of Time that Striking Workers Must Wait Before Receiving Unemployment Insurance Benefits