U.S. Department of Labor Finalizes Rule on Fluctuating Workweek Pay Method
On May 20, 2020, the U.S. Department of Labor (“DOL”) announced its final rule on fluctuating workweek pay, which revises the DOL’s proposed regulation on the method of pay to employees working fluctuating hours week by week. The DOL’s final rule states that if employers choose to pay additional compensation to salaried nonexempt workers—such as […]
OSHA’s Updated Guidance on COVID-19 Recordkeeping Obligations
The Occupational Safety and Health Administration (OSHA) requires employers to keep their workplaces safe and healthy for their employees. As part of their obligations to keep the workplace safe and healthy, employers must record and, in some cases report, injuries and illnesses. Under OSHA guidelines, COVID-19 is a “recordable” illnesses. On April 10, 2020, OSHA […]
Nassau County Judge Upholds Constitutionality of the Child Victims Act
On May 13, 2020, a judge in Nassau County Supreme Court upheld the constitutionality of the Child Victims Act (“CVA”) in 44 consolidated cases brought against the Archdiocese of Rockville Centre. The Archdiocese had moved to dismiss the cases on the grounds that the recently-passed CVA—which revived claims related to sexual abuse of children for […]
Part I: Issues to Consider for Returning to Work Post-COVID-19
As the COVID-19 curve flattens and businesses across NYS and NJ are permitted to reopen, employers and employees have questions. In this blog post and the next, we address some common questions about returning to the worksite and protecting employees from COVID-19. Can I require employees to return to the worksite? Generally, no, employers cannot […]
Part II: Issues to Consider for Returning to Work Post-COVID-19
In this blog post, we continue to address some common questions about returning to the worksite and protecting employees from COVID-19. What are employers’ obligations to keep employees in the workplace safe from COVID-19? Businesses and employers should follow the guidelines published by the Occupational Health and Safety Administration (OSHA) and Centers for Disease […]
Employers Can Take Body Temperatures of Employees and Must Provide Face Coverings for Employees
As some employees start to trickle back into their workplaces, employers might consider taking body temperatures of their employees to check for any high fevers. Under normal circumstances, taking body temperatures of employees would be considered a medical exam that would be subject to the Americans with Disabilities Act (ADA). However, due to the COVID-19 […]
Additional Guidance from SBA and Treasury on PPP Loan Forgiveness
As of May 3, 2020, further guidance from the Small Business Administration (SBA), in consultation with the Department of the Treasury (Treasury) provided that employers who borrowed loans through the Paycheck Protection Program (PPP) will still be eligible for loan forgiveness if a previously laid-off or furloughed employee due to COVID-19 rejects a reemployment offer […]
New York’s Highest Court Deems Postmates’s Delivery Workers as Employees
There continues to be much controversy in the employee versus independent contractor status confusion that app-based services have stirred up. However, at least for New York-based delivery workers of Postmates, Inc. (Postmates), a delivery company that services its customers through its smartphone app, the law has been made clear through the state’s highest court in […]
