EEOC Issues Guidance on COVID Vaccine

The FDA has begun the process of approving vaccines for COVID-19, and many employers have raised questions regarding whether and how to implement a vaccination protocol in the workplace. Yesterday, the Equal Employment Opportunities Commission (“EEOC”) issued guidance for employers on how the vaccine interacts with federal equal employment opportunity laws, such as the Americans with Disabilities Act (“ADA”), the Genetic Information Nondiscrimination Act (“GINA”), and Title VII.

Read More
NYS Proposes Sick Leave Regulations

As addressed in our prior client alert, New York State enacted state-wide mandatory sick/safe leave earlier this year. Recently, the NYS Department of Labor issued proposed regulations, providing additional guidance on the implementation of the law. The proposed regulations are narrow and primarily address three issues: (1) requiring employee documentation of the use of sick/safe leave, (2) counting employees to determine how much sick/safe leave an employer must offer, and (3) rounding time worked to determine employee accruals. Notably, the proposed regulations do not address many of the open questions surrounding the law, such as the impact of the law on existing collective bargaining agreements and the extent to which frontloading sick/safe leave removes the need to carryover unused leave.

Read More
Amanda BakerSick Leave
NYS Amends Mini-WARN Act

Employers planning for certain mass layoffs, relocations, plant closings or other covered employment losses have long needed to be mindful of the federal and state Worker Adjustment and Retraining Notification (“WARN”) Acts. Though complex, in brief, these statutes impose specific and detailed notification requirements on covered employers well in advance of any covered employment loss. Last week, New York State amended its WARN notification requirements.

Read More
Kristina GrimshawWARN, RIFs
NYS & NYC Update Sick Leave Guidance

As addressed in our prior client alert, earlier this year, New York State enacted state-wide mandatory sick and safe leave, which employees in New York State began accruing on September 30, 2020. Days before that effective date, NYC also amended its safe and sick leave law to more closely align with the State legislation. Both jurisdictions have recently released guidance and materials, the details of which are discussed below.

Read More
Amanda BakerSick Leave
Trump Issues Executive Order Impacting DEI Training

Last week, President Trump signed an Executive Order entitled “Executive Order on Combating Race and Sex Stereotyping” (the “Order”), which impacts federal agencies, federal contractors, and federal grantees. Specifically, the order prohibits federal contractors from using “any workplace training that inculcates in its employees any form of race or sex stereotyping . . . or scapegoating”.

Read More