Employment
Viewpoints
Filter by:
New York State’s HERO Act Imposes New Workplace Health and Safety Obligations on Employers
May 19, 2021 | Blog | By Corbin Carter, Michael Arnold
The New York State Legislature recently passed the Health and Essential Rights Act (the “HERO Act”), which has been delivered to Governor Cuomo for his signature. The legislation seeks to address continued COVID-19 safety concerns in the workplace and is designed to codify, supplement, and replace numerous executive actions that have been issued throughout the pandemic. The HERO Act would also pass into law significant new health and safety obligations for New York employers, including the formation of joint labor-management workplace safety committees to help ensure worker safety. Employers should prepare now to come into compliance with the new law, which we summarize below.
Read more
Have You Been Vaccinated? Your Employer (and Everyone Else) Wants to Know
May 17, 2021 | Blog | By Jennifer Rubin, Michael Arnold
The CDC’s recent guidance suggesting that most fully vaccinated individuals may discontinue certain safety measures, such as masking and social distancing, has created significant confusion for employers navigating conflicting and ever-changing state and local COVID-19 workplace laws, regulations and guidance. While the most recent CDC guidance endorses resuming activities (indoors and out) without masks for most fully vaccinated individuals, the guidance around vaccination verification and disparate treatment between the vaccinated and unvaccinated is still lacking. Employers are now facing these sensitive but critically important return to office issues without the benefit of critical guidance from Federal, state and local regulators. We provide some guidance below regarding vaccine verification and some considerations for employers thinking about instituting vaccine policies.
Read more
CDC Vaccination Guidance Does Not Supersede State and Local Workplace Regulations
May 14, 2021 | Blog | By Danielle Bereznay, Jennifer Rubin, Michael Arnold, Corbin Carter
On May 13, 2021, the Centers for Disease Control and Prevention (the “CDC”) published guidance indicating that fully vaccinated individuals do not need to wear a mask or physically distance in certain indoor and outdoor environments, except where otherwise required by federal, state, local, tribal, or territorial laws, rules, and regulations, including local business and workplace guidance. The guidance does not apply to healthcare settings and certain other environments.
Read more
It’s 2021—Do You Know Where Your Employees Are?
May 5, 2021 | Blog | By Jennifer Rubin
Many employees relocated during the Covid-19 pandemic and some are expected to continue working remotely, creating complexities for employers because of state and local wage-and-hour laws and other regulations, says Mintz employment partner Jen Rubin. She explains how organizations can get a handle on where their employees are working and why they need to do so.
Read more
New York Amends its Off-Duty Conduct Law to Account for Marijuana Use
May 3, 2021 | Blog | By Michael Arnold, Danielle Bereznay, Corbin Carter
New York’s off duty conduct law will now explicitly apply to an employee’s off-duty use of cannabis. The change in law came as a result of the recent passage of “The Marijuana Regulation and Taxation Act,” which generally legalized the sale and use of cannabis for individuals 21 and over, and presents real compliance challenges for employers, which we discuss further below.
Read more
Department of Labor Issues Model COBRA Subsidy Notices and FAQs
April 22, 2021 | Blog | By Michael Arnold, Corbin Carter
The Department of Labor has issued model notices regarding COBRA premium assistance (a/k/a COBRA subsidies). As we wrote about here, as part of the American Rescue Plan Act of 2021, Congress sought to enable qualifying individuals – known under the law as “Assistance Eligible Individuals” – to continue their healthcare coverage by subsidizing their COBRA premium payments for the period between April 1 and September 30, 2021. We discuss these notice requirements and related issues below.
Read more
The American Recovery Plan Provides (Generous and Administratively Challenging) COBRA Subsidies
March 18, 2021 | Blog
The recently enacted American Rescue Plan Act of 2021 (the “Act”) creates a federal subsidy covering 100% of COBRA premiums for certain employees and other qualified beneficiaries. The subsidy is payable during the six-month period commencing April 1, 2021 and ending September 30, 2021. Individuals who previously experienced an involuntary termination, or reduction in hours, but who did not elect COBRA, are allowed to enroll. Similarly, individuals who dropped COBRA coverage, but who are still within their original COBRA coverage period, are allowed to re-enroll. Employers are reimbursed for the cost of the subsidy through a payroll tax credit.
Read more
ALERT: New COVID-19 Vaccine Paid Leave for New York Employees
March 16, 2021 | Blog | By Corbin Carter
As we enter the second year of the COVID-19 pandemic, New York employers must now grapple with another new paid leave requirement from New York State. A new law signed by Governor Cuomo on March 12, 2021 amends New York’s Labor Law and entitles employees up to four hours of paid leave per COVID-19 vaccine injection. The law is effective immediately, and the law’s leave entitlement is set to expire on December 31, 2022. We note key provisions of the new law below.
Read more
Agencies Issue Needed Guidance on COBRA Elections During the COVID-19 “Outbreak Period”
March 3, 2021 | Blog
On February 26, 2021, the Department of Labor’s Employee Benefits Security Administration (EBSA) issued Notice 2021-01 (the “Notice”). The Notice was issued jointly with the Department of the Treasury, the Internal Revenue Service and the Department of Health and Human Services (the “Departments”). Entitled “Guidance on Continuation of Relief for Employee Benefit Plans and Plan Participants and Beneficiaries Due to the COVID-19 (Novel Coronavirus) Outbreak,” the Notice provides much needed guidance to group health plan sponsors on (among other things) when COBRA notice and election periods, which had been previously extended [in May 2020], will come to an end. This guidance was necessary because earlier regulatory relief extending COBRA notice and election periods was about to expire as a result of a statutory deadline. This post explains the impact of the Notice on sponsors of group health plans.
Read more
Navigating Voluntary COVID-19 Vaccination Programs & Incentives
February 19, 2021 | Blog | By Corbin Carter
As COVID-19 vaccines become more available, employment-based programs requiring or incentivizing employee vaccination will become more commonplace. In a previous post, we covered recent employer guidance from the CDC, with a particular focus on mandatory workplace testing programs. This post examines how an employer might design a voluntary workplace vaccination program using incentives to encourage participation, and how to avoid potential pitfalls in doing so.
Read more
Getting Back to Basics: Intermittent FMLA Leave
February 17, 2021 | Blog | By Delaney Busch
In concept, the FMLA is simple. In practice, however, administering FMLA leave, particularly on an intermittent basis can quickly become complicated, and many employers struggle trying to track and manage intermittent leaves. This post addresses some of the intermittent leave-related issues employers may face and offers best practices for ensuring compliance with the law.
Read more
New York State Department of Labor Updates Guidance on COVID-19 Leave Law
February 10, 2021 | Blog | By Corbin Carter, Michael Arnold
The New York State’s Department of Labor recently issued new Quarantine Leave guidance for 2021 – guidance that is certainly controversial in that it seemingly goes beyond the statutory text of the NY COVID-19 Quarantine Leave Law to create expansive new employer mandates. We previously wrote about New York’s COVID-19 leave requirements here and here. While the new guidance seems ripe for legal challenge, it nonetheless reflects the new position of the NYSDOL. Employers should review this new guidance – keeping in mind its informal, non-binding nature – as the pandemic continues to affect leave decision-making.
Read more
CDC Issues Expanded Guidance for Workplace COVID-19 Testing Programs
February 5, 2021 | Blog | By Danielle Bereznay, Michael Arnold
The CDC has issued new guidance focused on ensuring employees’ informed consent for COVID-19 testing in the workplace. This builds on earlier guidance the CDC issued regarding workplace testing programs last fall. Because the CDC notes that employers should not conduct testing without an employee’s informed consent, employers should be prepared to answer employee questions and concerns by utilizing the recommend framework discussed below.
Read more
The Impact of the Consolidated Appropriations Act on Flexible Spending Arrangements
January 25, 2021 | Blog
In this post we begin an in-depth examination of these provisions starting with the Consolidated Appropriations Act’s effect on flexible spending arrangements, which provides employers with an expanded set of options to allow mid-year election changes.
Read more
Transcript: “Pay Equity – What Compensation Committees Need to Know”
January 13, 2021 | Blog | By Anne Bruno
Read the transcript of CompensationStandard.com’s November 2020 webcast titled, “Pay Equity: What Compensation Committees Need to Know” in which Anne L. Bruno was among the experts to discuss pay equity, shareholder expectations, disclosure trends, board oversight, and more.
Read more
WEBINAR REMINDER: Mandatory or Voluntary Workplace Vaccination — Guidance for Employers
January 13, 2021| Blog|
New York City Amends Fair Chance Act, Further Limits Employers’ Consideration of Criminal History
January 8, 2021 | Blog | By Corbin Carter, Michael Arnold
The New York City Council has expanded NYC’s Fair Chance Act to further restrict NYC employers from taking adverse actions against applicants or employees based on their criminal history. The law will go into effect on or about July 28, 2021. We highlight the changes in the law and action items below.
Read more
California East? D.C. Passes Comprehensive Ban of Non-Compete Agreements
January 8, 2021 | Blog | By David Barmak, Danielle Bereznay
The District of Columbia Council has passed the Ban On Non-Compete Agreements Amendment Act of 2020 (“the Act”). If it goes into effect (and we are monitoring closely whether it will), it will almost entirely ban non-compete agreements in D.C., prohibiting employers from restricting an employee’s employment by a competitor and giving D.C. the distinction of joining California, North Dakota, and Oklahoma, with one of the broadest statutory bans of non-compete agreements in the United States.
Read more
Massachusetts Paid Family and Medical Leave Law – January 2021 Update for Employers
January 8, 2021 | Blog | By Natalie C. Groot, Patricia Moran, Emma Follansbee
Happy New Year! While many of us are thrilled to see 2020 in the rear view, 2021 ushers in a huge challenge for Massachusetts employers – the beginning of benefits and Job protections under the Massachusetts Paid Family and Medical Leave law (MAPFML).
Read more
Supreme Court Holds that ERISA Does Not Preempt Arkansas PBM Law: The Impact on Employer Sponsored Group Health Plans
December 31, 2020 | Blog | By Tara E. Dwyer
In a recently decided case, Rutledge v. Pharmaceutical Care Management Association, the U.S. Supreme Court held that the Employee Retirement Income Security Act of 1974 (ERISA) does not preempt an Arkansas statute that regulates reimbursement levels paid by Pharmacy Benefit Managers (PBMs) to local pharmacies.
Read more
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
Explore Other Viewpoints:
- Antitrust
- Appellate
- Arbitration, Mediation & Alternate Dispute Resolution
- Artificial Intelligence
- Awards
- Bankruptcy & Restructuring
- California Land Use
- Class Action
- Complex Commercial Litigation
- Construction
- Consumer Product Safety
- Cross-Border Asset Recovery
- Debt Financing
- Direct Investing (M&A)
- Diversity
- EB-5 Financing
- Education & Nonprofits
- Employment
- Energy & Sustainability
- Environmental Enforcement Defense
- Environmental Law
- FDA Regulatory
- Federal Circuit Appeals
- Financial Institution Litigation
- Government Law
- Growth Equity
- Health Care
- Health Care Compliance, Fraud and Abuse, & Regulatory Counseling
- Health Care Enforcement & Investigations
- Health Care Transactions
- Health Information Privacy & Security
- IP Due Diligence
- IPRs & Other Post Grant Proceedings
- Immigration
- Insolvency & Creditor Rights Litigation
- Institutional Investor Class Action Recovery
- Insurance & Financial Services
- Insurance Consulting & Risk Management
- Insurance and Reinsurance Problem-Solving & Dispute Resolution
- Intellectual Property
- Investment Funds
- Israel
- Licensing & Technology Transactions
- Life Sciences
- Litigation & Investigations
- M&A Litigation
- ML Strategies
- Medicare, Medicaid and Commercial Coverage & Reimbursement
- Mergers & Acquisitions
- Patent Litigation
- Patent Prosecution & Strategic Counseling
- Pharmacy Benefits and PBM Contracting
- Portfolio Companies
- Privacy & Cybersecurity
- Private Client
- Private Equity
- Pro Bono
- Products Liability & Complex Tort
- Projects & Infrastructure
- Public Finance
- Real Estate Litigation
- Real Estate Transactions
- Real Estate, Construction & Infrastructure
- Retail & Consumer Products
- Securities & Capital Markets
- Securities Litigation
- Special Purpose Acquisition Company (SPACs)
- Sports & Entertainment
- Strategic IP Monetization & Licensing
- Tax
- Technology
- Technology, Communications & Media
- Technology, Communications & Media Litigation
- Trade Secrets
- Trademark & Copyright
- Trademark Litigation
- Venture Capital & Emerging Companies
- White Collar Defense & Government Investigations
- Women's Health and Technology