S8275A & S8181A Signed: NYS Bills Regarding Unemployment Benefits and Disaster Emergency Loans
Governor Cuomo recently signed into law two bills that arose from the COVID-19 pandemic, affecting businesses and individuals: S8181A and S8275A. Through Executive Order 202.31, Governor Cuomo temporarily suspended forfeiture of unemployment benefits that was imposed on claims based on previous false statements or representations. S8275A, which was signed into law on June 13, 2020, amends the […]
Supreme Court Rules in Favor of LGBTQ Workplace Rights
In a landmark decision, the Supreme Court of the United States (“Supreme Court”) ruled on June 15, 2020 by a 6-3 vote that employers who discriminate against their employees on the basis of their sexual orientation or transgender status are in violation of Title VII of the Civil Rights Law of 1964 (“Title VII”). The […]
Why I Prefer Mediation and Hot Topics in Employment Law
Please listen to the below recording of Chaim Book’s interview with Professor Elliot Lasson of the University of Maryland Baltimore County where Chaim discusses how he got into employment law; workplace issues that arise relating to accommodation; why he prefers mediation and what are the hot areas of employment law in 2020.
New York and New Jersey Prepare for Phase 2 of Reopening Their Economies
New York. In New York State, all regions except for the five boroughs of New York City have already started reopening as part of Phase 1 of Governor Cuomo’s New York Forward initiative. Governor Cuomo announced that New York City can expect to enter Phase 1 of reopening on June 8, 2020. Phase 1 industries […]
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 […]
