Category Archives: Coronavirus

CDC Provides Guidance for Workplace Vaccination Programs

By Evandro Gigante, Harris Mufson, Alex Downie and Julia Hollreiser on March 18, 2021 Posted in Coronavirus

On March 16, 2021, the CDC issued updated guidance for employers regarding COVID-19 vaccinations and the workplace. This guidance focuses on considerations for mandatory vaccination programs, reopening the workplace after employees have been vaccinated, and general best practices regarding vaccinations. Below, we highlight the key aspects of this guidance. Mandating Vaccination Similar to recent guidance … Continue Reading

New York State Announces New COVID-19 Quarantine Guidelines

By Evandro Gigante, Harris Mufson, Alex Downie and Rebecca Fishbein on March 17, 2021 Posted in Coronavirus, Workplace Safety

On March 10, 2021, New York State updated its quarantine guidance for individuals exposed to COVID-19. Under this new guidance, individuals who are fully vaccinated or have recently recovered from COVID-19 are no longer required to quarantine after being exposed to someone with COVID-19, provided that certain conditions are met. This announcement brings New York … Continue Reading

OSHA Launches New Workplace Safety Initiative and Updated Enforcement Guidance Regarding COVID-19

By Harris Mufson, Lexie Reynolds and Julia Hollreiser on March 16, 2021 Posted in Biden Administration Coverage, Coronavirus, Workplace Safety

As we previously reported, on January 21, 2021, President Biden issued an executive order aimed at increasing COVID-19 workplace safety measures at the federal level. In response to President Biden’s directive, OSHA announced on March 12, 2021 the launch of a national emphasis program (“NEP”) to focus its enforcement efforts on employers that put the … Continue Reading

Congress Passes American Rescue Plan: What Employers Need to Know

By Evandro Gigante, Harris Mufson, Allison Martin, Jacob P. Tucker, Alex Downie and Julia Hollreiser on March 10, 2021 Posted in Coronavirus, Leaves of Absences, Workplace Safety

On March 10, 2021, Congress passed the American Rescue Plan Act of 2021 (“Rescue Plan”), a $1.9 trillion COVID-19 relief package intended to provide continued economic relief to individuals, businesses, and state and local governments during the COVID-19 pandemic. President Biden is expected to sign the bill into law. The following is a summary of … Continue Reading

New York State Passes Bill Granting Employees Paid Time Off for COVID-19 Vaccinations

By Evandro Gigante, Harris Mufson, Arielle E. Kobetz, Alex Downie and Julia Hollreiser on March 8, 2021 Posted in Coronavirus

***UPDATE: Governor Cuomo signed this bill into law on Friday, March 12. The law takes effect immediately.*** The New York state legislature passed Bill S2588A/A3354B, which would amend the New York Labor Law to grant employees paid leave time for the COVID-19 vaccination. Below is a brief summary of what New York employers need to … Continue Reading

New York State Announces New COVID-19 Travel Guidelines for Fully Vaccinated Individuals

By Evandro Gigante, Harris Mufson, Alex Downie and Rebecca Fishbein on March 5, 2021 Posted in Coronavirus

*** UPDATE: This post was updated on 3/13/2021 to reflect changes to New York State’s COVID-19 Travel Advisory and to include information on Governor Cuomo’s March 11th announcement regarding quarantine requirements for travelers to New York State.*** On Wednesday, March 3, 2021, New York Governor Andrew Cuomo announced that domestic travelers to New York State … Continue Reading

OSHA Issues New Workplace Safety Guidance Regarding COVID-19

By Harris Mufson, Lexie Reynolds and Heylee Bernstein on February 1, 2021 Posted in Biden Administration Coverage, Coronavirus, Workplace Safety

As we previously reported, last week President Biden directed the Secretary of Labor to issue revised guidance to employers on workplace safety during the COVID-19 pandemic. In response to that directive, OSHA issued what the DOL described as “stronger” worker safety guidance to advise employers during the COVID-19 pandemic. OSHA’s newest guidance, titled “Protecting Workers: … Continue Reading

Virginia Becomes First State To Pass Permanent Workplace Coronavirus Rules

By Makenzie D. Way, Guy Brenner and Lexie Reynolds on January 28, 2021 Posted in Coronavirus, Workplace Safety

Quick Hit As we previously reported, Virginia became the first state to issue mandatory COVID-19 workplace safety rules via an emergency temporary standard (“ETS”) executed on July 15, 2020. The temporary standard expired on January 26, 2021 but the Virginia Department of Labor and Industry’s Safety and Health Codes Board (the “Board”) has recently taken … Continue Reading

Biden Directs OSHA To Issue New Workplace Safety Guidance Regarding COVID-19

By Harris Mufson and Lexie Reynolds on January 26, 2021 Posted in Biden Administration Coverage, Coronavirus, Workplace Safety

Quick Hit On January 21, 2021, President Biden signed an executive order aimed at increasing COVID-19 workplace safety measures at the federal level. As a result, employers should expect new OSHA guidance within the next two weeks and new emergency temporary standards by mid-March. Key Takeaways President Biden’s Executive Order on Protecting Worker Health and … Continue Reading

New York State Issues Additional Guidance on COVID-19 Quarantine Leave Law

By Evandro Gigante, Harris Mufson, Alex Downie and Rebecca Fishbein on January 26, 2021 Posted in Coronavirus, Leaves of Absences

***UPDATE: New York State has modified its Paid Family Leave COVID-19 FAQs for Employees to reflect this New York State Department of Labor guidance. We will continue to monitor New York’s COVID-19 leave law and provide updates.*** On January 20, 2021, the New York State Department of Labor issued new guidance on the state’s COVID-19 … Continue Reading

Congress Extends FFCRA Tax Credit into 2021, Declines to Extend FFCRA Leave

By Evandro Gigante, Harris Mufson, Alex Downie and Abigail Rosenblum on December 28, 2020 Posted in Coronavirus, Leaves of Absences

The federal Families First Coronavirus Response Act (“FFCRA”), which requires that employers with fewer than 500 employees provide sick and family leave benefits for certain COVID-19 related reasons, is due to sunset on December 31, 2020. Many believed that the FFCRA’s sick and family leave provisions would be extended into 2021 as part of the … Continue Reading

[Podcast]: Mandatory COVID-19 Vaccinations

By Harris Mufson and Evandro Gigante on December 22, 2020 Posted in Coronavirus, Workplace Policies and Procedures, Workplace Safety

In this episode of The Proskauer Brief, partners Harris Mufson and Evandro Gigante discuss the U.S. Equal Employment Opportunity Commission’s recent guidance for employers regarding mandatory COVID-19 vaccinations. On December 16th, 2020, the EEOC issued updated guidance for employers in light of the FDA’s recent authorization of Pfizer’s COVID-19 vaccine for emergency use. Widespread vaccinations have been largely … Continue Reading

Congress Seeks to Extend Many CARES Act Unemployment Benefits in Pandemic Relief Package

By Evandro Gigante, Harris Mufson, Allison Martin and Jacob P. Tucker on December 22, 2020 Posted in Coronavirus

*** UPDATE: After being presented with the bill on Thursday, December 24, President Trump signed it into law on Sunday, December 27. The unemployment provisions take effect upon signing, but because states process unemployment benefit claims on a weekly basis that generally begin each Saturday, benefits under the new law likely will be paid starting … Continue Reading

EEOC Issues Guidance on COVID-19 Vaccines

By Evandro Gigante, Harris Mufson, Abigail Rosenblum and Alex Downie on December 17, 2020 Posted in Accessibility & Accommodation, Coronavirus, Discrimination, Harassment and Retaliation

On December 16, the EEOC issued updated guidance for employers in light of the Food and Drug Administration’s (“FDA”) recent authorization of Pfizer’s COVID-19 vaccine for emergency use. Widespread vaccinations are largely perceived as critical in returning all employees to the workplace safely and resuming normal business operations. As such, many employers have been grappling … Continue Reading

New York Court Dismisses Amazon Workers’ COVID-19 Health and Safety Claims

By Evandro Gigante, Arielle E. Kobetz and Heylee Bernstein on November 9, 2020 Posted in Coronavirus, Litigation and Arbitration, Workplace Policies and Procedures, Workplace Safety

*** UPDATE: On November 24, 2020, the Plaintiffs in Palmer, et al. v. Amazon.Com, Inc., et al. filed a notice of appeal. The Plaintiffs appealed Judge Cogan’s order dismissing the case to the Second Circuit. We will continue to monitor this case and provide updates. *** On November 2, 2020, the Eastern District of New … Continue Reading

New Jersey Governor Issues Executive Order Addressing COVID-19 Health and Safety Requirements for Employers

By Evandro Gigante and Alex Downie on October 30, 2020 Posted in Coronavirus

On October 28, New Jersey Governor Phil Murphy issued an Executive Order addressing health and safety requirements for New Jersey employers that require or permit their workers to be physically present in the office. The Order supplements other guidance that was previously issued for certain industries – including retail, gyms and fitness centers, and child … Continue Reading

[Podcast]: Recent Developments on California’s COVID-19 Supplemental Paid Sick Leave Law

By Harris Mufson and Philippe A. Lebel on October 8, 2020 Posted in Coronavirus, Leaves of Absences, Workplace Policies and Procedures

In this episode of The Proskauer Brief, partner Harris Mufson and associate Phil Lebel discuss recent legal developments in California, specifically a new supplemental paid sick leave law and coronavirus (COVID-19) exposure notification requirements. Tune in as we discuss steps employers can take to ensure compliance with these new requirements. Listen to the podcast. … Continue Reading

DCFMLA COVID-19 Leave Extended through October 9, 2020

By Guy Brenner and Caroline Guensberg on September 23, 2020 Posted in Coronavirus, Workplace Policies and Procedures

Quick Hit: The temporary expansion of the DC Family and Medical Leave Act to provide D.C. employees up to 16 weeks of unpaid, job-protected “COVID-19 leave” has been extended through October 9, 2020. The D.C. Office of Human Rights has published an updated notice reflecting the extended effective date, which employers “must post and maintain… … Continue Reading

DOL Updates FFCRA Regulations in Light of Recent SDNY Decision

By Evandro Gigante, Laura Fant and Alex Downie on September 16, 2020 Posted in Coronavirus, Leaves of Absences

On September 11, 2020 the U.S. Department of Labor (“DOL”) issued revised Families First Coronavirus Response Act (“FFCRA”) regulations in response to a federal court decision striking down certain portions of its previous regulations. The FFCRA is a federal law that requires certain employers to provide: (1) two weeks of paid sick leave to employees … Continue Reading

EEOC Updates Its COVID-19 Guidance (Again)

By Evandro Gigante, Guy Brenner, Harris Mufson, Laura Fant and Alex Downie on September 11, 2020 Posted in Coronavirus, Discrimination, Harassment and Retaliation

On September 8, 2020, the EEOC released an updated technical assistance document addressing COVID-19 and the federal anti-discrimination laws enforced by the agency, including the Americans with Disabilities Act (“ADA”). Our previous posts about the EEOC’s prior COVID-19 guidance are available here and here. The updated guidance includes 18 new questions and answers, most of … Continue Reading

Intersection Between Return-to-School and FFCRA

By Jurate Schwartz, Evandro Gigante and Harris Mufson on August 28, 2020 Posted in Coronavirus, Leaves of Absences, Workplace Policies and Procedures

As we have previously reported, the Families First Coronavirus Response Act (FFCRA), which remains in effect through December 31, 2020, provides, among other things, that eligible employees can take up to 12 weeks of FMLA leave if the employee is unable to work (or telework) due to a need for leave to care for their … Continue Reading

CDC Updates Guidance on Travel During the COVID-19 Pandemic

By Evandro Gigante, Laura Fant and Alex Downie on August 27, 2020 Posted in Coronavirus

On August 21, 2020, the Centers for Disease Control and Prevention (“CDC”) updated its guidance on Travel during the COVID-19 Pandemic. Previously, the guidance recommended that travelers self-quarantine for 14 days after: (1) all international travel, and (2) domestic travel to areas with a high concentration of COVID-19 cases. The guidance now recommends that travelers … Continue Reading

Department of Labor Releases Guidance on Lost Wages Assistance Program

By Harris Mufson and Jacob P. Tucker on August 14, 2020 Posted in Coronavirus

On August 8, 2020, the President issued an executive memoranda establishing the Lost Wages Assistance (“LWA”) program, a new unemployment benefit intended to replace the recently-expired $600 per week Federal Pandemic Unemployment Compensation (“FPUC”) payment. As a refresher, the CARES Act created three unemployment benefits programs: (1) Pandemic Unemployment Assistance (“PUA”), providing benefits for those … Continue Reading

SDNY Decision Strikes Down Portions of DOL’s FFCRA Regulations

By Evandro Gigante, Laura Fant and Heylee Bernstein on August 11, 2020 Posted in Coronavirus

On August 3, Judge Paul Oetken of the Southern District of New York issued a decision invalidating various portions of the Department of Labor’s rules implementing the federal Families First Coronavirus Response Act (FFCRA). The FFCRA is the federal law that provides emergency relief and support to employees who need to take leave from work … Continue Reading