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New COVID-19 Stimulus Package Becomes Law: FFCRA Considerations for Employers
December 28, 2020 | Blog | By Corbin Carter, Michael Arnold
The new COVID-19 stimulus package is now law. As discussed herein, it provides some employers an incentive to extend COVID-19 related FFCRA leave benefits through Q1 2021.
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EEOC Guidance Defines Contours of Permissible Mandatory Workplace Vaccination
December 17, 2020 | Blog | By Jennifer Rubin
The EEOC has updated its guidance regarding mandatory vaccination in the workplace and has outlined the permissible scope of a mandatory vaccination program. While the guidance has neither the force nor application of a statute or regulation, it provides a compelling structure for a legally compliant mandatory workplace vaccination program.
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Employer Vaccine Practices May Spur Bias, Consumer Claims
December 9, 2020 | Blog | By Jennifer Rubin
Mintz Member Jennifer B. Rubin authored an article published by Law360 that examined legal challenges employers face as they contemplate the impact of the coronavirus vaccine on the workforce, and how mandatory vaccination programs may create a workforce of immuno-haves, or those who have received the vaccination, and potentially expose employers to employment and consumer claims.
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A Brief Guide to California's Latest Employer COVID-19 Reporting Obligations
December 7, 2020 | Blog | By Jennifer Rubin, Nicole Rivers
California employers are now subject to three new COVID-19 related reporting obligations when there is a COVID-19 positive employee or employees in their workplaces, including: reporting to their (1) workers’ compensation carrier, (2) employees and other workers, and (3) local public health authority. We address each obligation below.
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New York State Adopts COVID-19 Testing Carve-Out Allowing Travelers to Sidestep the State’s Mandatory 14-Day Quarantine
November 18, 2020 | Blog | By Corbin Carter
Governor Cuomo has announced new guidelines allowing travelers to New York to sidestep the State’s mandatory 14-day quarantine period by obtaining a series of negative COVID-19 diagnostic test results before and after arriving in New York. Previously, the State mandated a 14-day quarantine for travelers from an evolving list of “high-risk” states that had a high rate of COVID-19 positive testing per capita. Now, the new framework applies to travelers from all states in the U.S. except those that are contiguous with New York (Connecticut, Massachusetts, New Jersey, Pennsylvania, and Vermont), which are already exempt from the 14-day quarantine requirement.
The new protocol became effective Wednesday, November 4, 2020.
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The new protocol became effective Wednesday, November 4, 2020.
New York Issues Tax Guidance for COVID-19 Telecommuters
November 2, 2020 | Blog | By Danielle Bereznay
The New York Department of Taxation and Finance has finally provided guidance regarding telecommuting tax liability for nonresident employees working outside of New York because of the COVID-19 pandemic. In short: employees telecommuting because of COVID-19 will generally still be required to pay New York taxes on income they earn.
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NYC Releases Updated Paid Sick and Safe Time Notice of Employee Rights
November 2, 2020 | Blog | By Michael Arnold
A quick update to our earlier posts on New York State and New York City’s paid sick leave laws. The agency that enforces NYC’s paid sick and safe time law – the New York City Department of Consumer and Worker Protection – has just released its updated sick and safe time Notice of Employee Rights, which you can access here. We highlight some compliance issues to consider below.
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New York State Addresses Paid Sick Leave Requirements in New Guidance
October 23, 2020 | Blog | By Corbin Carter, Michael Arnold
This week, New York State issued guidance and an FAQ document regarding the State’s new paid sick leave law (“NYPSL”). As a reminder, New York State enacted statewide paid sick leave requirements for employers under Section 196-b of the New York Labor Law and they took effect on September 30, 2020. We provided an overview of the new NYPSL requirements for New York State employers in our previous post.
These permanent paid sick leave requirements (which differ from the COVID-19 quarantine leave measures that New York State enacted earlier this year) require New York employers to provide all employees with sick leave (which varies based upon the employer’s size), and grant employees the ability to use accrued sick time starting January 1, 2021.
The new guidance issued by New York State provides some clarity on select NYPSL topics, but leaves a number of questions unresolved. We provide a summary of key new information from the guidance for employers below:
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These permanent paid sick leave requirements (which differ from the COVID-19 quarantine leave measures that New York State enacted earlier this year) require New York employers to provide all employees with sick leave (which varies based upon the employer’s size), and grant employees the ability to use accrued sick time starting January 1, 2021.
The new guidance issued by New York State provides some clarity on select NYPSL topics, but leaves a number of questions unresolved. We provide a summary of key new information from the guidance for employers below:
REMINDER: Massachusetts Paid Family and Medical Leave Next Steps
October 23, 2020 | Blog | By Natalie C. Groot, Emma Follansbee, Patricia Moran
COVID-19 Telecommuting Tax and Leave Issues for Employers
October 20, 2020 | Blog | By Emma Follansbee, Michael Arnold
Months into the COVID-19 pandemic, many employer telecommuting arrangements remain in place, with several large corporations opting to extend these arrangements well into 2021. The benefits of such arrangements have been clear for many employers during the pandemic, including that they permit continued productivity while keeping employees safe. However, the longer that employees remain out of the office, the more telecommuting-related issues arise, including with respect to taxation of employee income and leave requirements, which we discuss below.
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Navigating Politics in the Workplace During the Election Season
October 8, 2020 | Blog | By Michael Arnold
With the presidential election less than a month away, it is more important than ever that employers proactively manage their work environment to protect against the potential pitfalls that can arise when political discussions occur in the workplace. The new remote working environment in which many employers find themselves only adds a layer of complexity to this challenge. We discuss this difficult issue further below.
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Statutory – not Shareholder – Activism: Governor Newsom Signs California’s Diversity Mandate into Law
September 30, 2020 | Blog | By Jennifer Rubin
California has enacted the nation’s first diversity mandate for public company boards. As we previously reported, the new law (AB 979) builds upon California’s first- in-the nation statutory gender mandate for public company boards.
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Paid Sick Leave Arrives for New York State Employers & New York City Amends Its Own Paid Sick Leave Law
September 30, 2020 | Blog | By Corbin Carter, Michael Arnold
The New York State Paid Sick Leave Law’s accrual provisions go into effect today, September 30, 2020. In April, Governor Cuomo signed into law new permanent paid sick leave requirements for all New York State employers (separate from COVID-19 leave which was passed in March and went into effect immediately). Employees may begin using sick leave for purposes consistent with the law on January 1, 2021. Although we expect the New York State Department of Labor to issue guidance or regulations on the new law, the agency has not done so to date. We will continue to monitor for any updates.
Meanwhile, the New York City Council swiftly passed an updated Sick and Safe Time law to align the City’s law more closely with the New York State sick leave law. But there are some important differences with the State’s sick leave law.
Our full analysis of New York State’s new paid sick leave law can be found here. More information on the City’s updated sick leave law, which also went into effect today, is addressed further below.
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Meanwhile, the New York City Council swiftly passed an updated Sick and Safe Time law to align the City’s law more closely with the New York State sick leave law. But there are some important differences with the State’s sick leave law.
Our full analysis of New York State’s new paid sick leave law can be found here. More information on the City’s updated sick leave law, which also went into effect today, is addressed further below.
Updated: EEOC Issues ADA and Title VII Guidance for Employers on COVID-19
September 25, 2020 | Blog | By Danielle Bereznay
Updated: The EEOC has provided employers with supplemental guidance on navigating the COVID-19 outbreak, addressing issues such as COVID-related harassment and screening employees who are reporting to work. The EEOC reminded employers that while the anti-discrimination laws, including the ADA and the Rehabilitation Act, continue to apply during the COVID-19 pandemic, these laws do not interfere with, or prevent employers from following, the guidelines and suggestions issued by the CDC or state and local public health authorities regarding COVID-19.
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Updated: Department of Labor Guidance for Families First Coronavirus Response Act
September 20, 2020 | Blog | By Danielle Bereznay, Michael Arnold
The Department of Labor has again updated its guidance regarding the Families First Coronavirus Response Act ("FFCRA").
Below we summarize the DOL’s interpretative guidance, and note in bold where the DOL has either reaffirmed or changed its guidance in light of the federal court decision. As a reminder, the law expires on December 31, 2020.
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Below we summarize the DOL’s interpretative guidance, and note in bold where the DOL has either reaffirmed or changed its guidance in light of the federal court decision. As a reminder, the law expires on December 31, 2020.
California Seeks to Expand its Board Diversity Mandate
September 9, 2020 | Blog | By Jennifer Rubin
COVID-19, the New School Year, and Working Parents
September 8, 2020 | Blog | By Delaney Busch, Jennifer Rubin, Michael Arnold
The reopening of schools during the COVID-19 pandemic continues to present challenges for working parents and the businesses that employ them. Not surprisingly, a one-size-fits-all approach for employers to appropriately manage working parents is likely difficult, if not impossible, to craft. In this post, we highlight some of the risks employers may face while offering some guidance regarding best practices to address these risks.
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AB 5 “2.0” – California Tweaks its Independent Contractor Ban
September 8, 2020 | Blog | By Jennifer Rubin
California has amended its independent contractor law to make more jobs and professions exempt from the “ABC” test that AB 5 codified last year. Governor Newsom signed the amendment into law on September 4, 2020. It becomes effective immediately. See the changes made to the law.
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Massachusetts Paid Family and Medical Leave 2020 Regulations – Focus on the Private Plan Exemption
August 13, 2020 | Blog | By Patricia Moran, Natalie C. Groot, Emma Follansbee
Under the Massachusetts Paid Family Leave Law, M.G.L. c. 175M (“MAPFML”), employees and other covered individuals in the Commonwealth will be entitled to a generous set of new leave benefits and rights beginning January 1, 2021. The Department of Family and Medical Leave (the “Department”) recently issued updated MAPFML regulations, effective July 24, 2020 (the “2020 Regulations”). These regulations make several key changes to the MAPFML regulations issued in 2019 (the “2019 Regulations”). In our companion post, we cover the key changes between the 2019 Regulations and the 2020 Regulations. This post examines, in depth, changes affecting the MAPFML “Private Plan” exemption pathway.
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Massachusetts Department of Family and Medical Leave Finalizes Revised Regulations: Here’s What You Need to Know
August 13, 2020 | Blog | By Patricia Moran, Natalie C. Groot, Emma Follansbee
Under the Massachusetts Paid Family Leave Law, M.G.L. c. 175M (“MAPFML ”), employees and other covered individuals in the Commonwealth will be entitled to a generous set of new leave benefits and rights beginning January 1, 2021. On July 24, 2020 , the Department of Family and Medical Leave (the Department) issued updated MAPFML regulations effective July 24, 2020 (the “2020 Regulations”). These regulations make several key changes to the MAPFML regulations issued in 2019 (the “2019 Regulations”). In our companion post, we cover the key changes between the 2019 Regulations and the 2020 Regulations. This post examines, in depth, changes affecting the MAPFML “Private Plan” exemption pathway.
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Viewpoint Editors
Corbin Carter
Associate
Michael S. Arnold
Member / Chair, Employment Practice
David Barmak
Member / Chair Emeritus, Employment, Labor & Benefits Practice
Natalie C. Groot
Member
Paul M. Huston
Member
Anne L. Bruno
Member
Emma Follansbee
Associate
David R. Lagasse
Member
Brendan J. Lowd
Member
Patricia Moran
Jennifer B. Rubin
Member
Alexander K. Song
Member
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