OSHA Issues Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace
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
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 […]
New York Issues Guidance on COVID-19 Paid Sick Leave Law Significantly Impacting Employers
On January 20, 2021, the New York Department of Labor (“NY DOL”) issued new guidance on the New York COVID-19 Paid Sick Leave Law that purports to clarify the leave and benefits available to employees. As you are aware, the law provides paid and unpaid sick leave with access to expanded paid family leave and […]
President Biden Issues Executive Orders Supporting COVID-19 Safety Protections for Workers
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
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 […]
COVID-19 Relief Bill Allows Employers to Voluntarily Extend FFCRA Leave and Claim Tax Credits Through March 31, 2021
On December 21, 2020, Congress passed a large appropriations bill containing $900B in COVID relief. President Trump signed the bill on December 27, 2020. The bill extends tax credits for eligible employers who voluntarily choose to allow employees to take leave under the Families First Coronavirus Response Act (FFCRA) through March 31, 2021. As we […]
Prepare Now for New York State Minimum Wage and Salary Threshold Updates
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
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 […]
Mayor de Blasio Signs into Law Significant Amendments to the New York City Earned Safe and Sick Time Act
On September 28, 2020, New York City Mayor Bill de Blasio signed a bill into law significantly amending the New York City Earned Safe and Sick Time Act (“NYC ESSTA”). The new law was enacted to better align with New York State’s new paid sick leave law (“NYS Paid Sick Leave Law”) and make the […]
COBRA Notices Become Recent Target of ERISA Class Action Lawsuits
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
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 […]
United States Department of Labor Issues New Regulations Relating to Paid Leave Under the FFCRA
Submitted by Ali Law Group PC on September 15, 2020 As we previously reported, on August 3, 2020, the U.S. District Court for the Southern District of New York (“the District Court”) invalidated several key portions of U.S. Department of Labor’s (“DOL”) rules and guidance concerning the Families First Coronavirus Response Act (“FFCRA”). Specifically, the […]