OSHA Issues Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace

sanitizer and masks on office chair

On January 29, 2021, the Occupational Safety and Health Administration (OSHA) published updated guidance intended to provide strategies for non-healthcare employers and workers to identify risks of being exposed to and/or contracting COVID-19 at work and to help them determine appropriate control measures to implement. While most of the guidance is not new, it provides […]

New CDC Guidance Requires Informed Consent for Workplace COVID-19 Testing

covid testing materieals

On January 21, 2021, the United States Center for Disease Control (“CDC”) issued new guidance for non-healthcare employers who conduct workplace COVID-19 testing. The CDC states that while testing for COVID-19 may be incorporated as part of a comprehensive approach to reducing transmission in non-healthcare workplaces, the testing should not be conducted without employees’ informed […]

President Biden Issues Executive Orders Supporting COVID-19 Safety Protections for Workers

people at desks in masks

On Thursday, January 21, 2021, President Biden directed the Occupational Safety and Health Administration (“OSHA”) to issue revised guidance for employers regarding COVID-19 safety protections for workers within two weeks. In the Executive Order on Protecting Worker Health and Safety, the President instructed the agency to increase enforcement of existing rules to help reduce the […]

Telemedicine Visits Qualify for Leave under the FMLA

Telehealth visit

On December 29, 2020, the U.S. Department of Labor (“DOL”) issued a Field Assistance Bulletin addressing Telemedicine and Serious Health Conditions under the Family and Medical Leave Act (“FMLA”). The guidance reflects an evolving workplace landscape in response to the COVID-19 pandemic and the need to promote social distancing while also ensuring the availability of […]

Prepare Now for New York State Minimum Wage and Salary Threshold Updates

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Effective December 31, 2020, the minimum wage for non-exempt employees will increase in NewYork. The following reflects the new minimum wage, effective December 31, 2020, for all employees in New York (with the exception of fast food workers): Location 12/31/19 12/31/20 12/31/21 NYC – Large Employers (of 11 or more) $15.00 $15.00 NYC – Small […]

New York State WARN Act Amended to Expand List of Entities that Must Receive Notice

Interior of manufacturing plant

On November 11, 2020, Governor Andrew Cuomo signed legislation which amends the New York State Worker Adjustment and Retraining Notification (“NY WARN Act”) by expanding the list of governmental entities that must receive advance notice of a WARN-triggering event.  As you may be aware, the NY WARN Act requires covered businesses to provide 90 days […]

COBRA Notices Become Recent Target of ERISA Class Action Lawsuits

health insurance form

The Consolidated Omnibus Budget Reconciliation Act (“COBRA”) enables employees and their dependents to extend health coverage under an employer’s group health plan when coverage would otherwise be lost due to termination of employment or other “qualifying events.” Under COBRA, employees must receive specific notices explaining their COBRA rights. Recently, there has been an increase of class action […]

U.S. DOL Issues Proposed Rule on Classification of Independent Contractors Under the FLSA

Man working from home on phone

Submitted by Ali Law Group PC on September 26, 2020 On September 22, 2020, the United States Department of Labor (“DOL”) announced a proposed rule to clarify whether a worker is deemed an “employee” under the Fair Labor Standards Act (“FLSA”) or an “independent contractor.” Under the proposed rule, the DOL would adopt an “economic […]