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NY Hero Act Update: Activated Plans Must Remain in Place until October 31, 2021

October 5, 2021 | Blog | By Evan Piercey, Corbin Carter

The New York State Department of Health Commissioner has extended the designation of COVID-19 as a “highly contagious communicable disease that presents a serious risk of harm to the public health in New York State” until October 31, 2021.
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Employment, Labor, and Benefits Viewpoints Thumbnail

Breaking Down the New COVID-19 Safety Protocol Guidance for Federal Contractors and Subcontractors

October 1, 2021 | Blog | By Michael Arnold, Corbin Carter

The Biden Administration, via its Safer Federal Workforce Task Force (the “Task Force”), has now provided the guidance with which federal contractor and subcontractors must comply in connection with their contracts and contract-like instruments with the Federal government.
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NY HERO Act Plans ACTIVATED – Employer Action Required

September 27, 2021 | Blog | By Corbin Carter, Michael Arnold

The New York State Commissioner of Health has designated COVID-19 as a “highly contagious communicable disease that presents a serious risk of harm to the public health.” This means that the HERO Act’s many requirements are no longer theoretical: Almost all private New York employers must now activate their HERO Act-compliant workplace exposure prevention plans and take numerous implementation steps required by the recently enacted law. Per the Commissioner’s designation notice, the “activation” designation will remain in effect until at least September 30, 2021, at which point the Commissioner will review the level of transmission of COVID-19 in New York State and determine whether to continue this designation.
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Employment, Labor, and Benefits Viewpoints Thumbnail

The Impact of the ACA Employer Shared Responsibility Rules and Wellness Program Limits on COVID-19 Premium Surcharges

September 23, 2021 | Blog

In a previous post, we reported on an announcement by Delta Airlines that it would impose a premium surcharge on employees covered under its group health plan who failed to get vaccinated for COVID-19.
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Employment, Labor, and Benefits Viewpoints Thumbnail

9th Circuit Upholds California Bill Banning Mandatory Arbitration in Employment – Likely Headed for Supreme Court

September 22, 2021 | Blog | By Paul Huston

In 2019, the California legislature passed AB 51, a law prohibiting employers from requiring employees to agree to arbitration as a condition of employment. Before the law went into effect, the U.S. Chamber of Commerce—a coalition of employers—challenged the law in federal court, arguing that it violated the Federal Arbitration Act (the “FAA”).
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Imposing Group Health Plan Monthly Surcharges on the Unvaccinated

September 15, 2021 | Blog | By Michael Arnold, Danielle Bereznay

Calling it “a more-punitive approach toward getting its workforce vaccinated against Covid-19,” the Wall Street Journal recently reported that Delta Airlines will require its unvaccinated workers to pay a $200 monthly health insurance surcharge.
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Employment, Labor, and Benefits Viewpoints Thumbnail

Webinar Recording - Delta's Impact on Return to Office Plans

September 14, 2021 | Blog | By David Barmak, Natalie C. Groot, Andrew Matzkin, Nicole Rivers

As new developments occur with the Delta variant, employers must adapt their return to office (RTO) plans to comply with fluctuating CDC guidance, state and local requirements, and employee expectations.
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Employment, Labor, and Benefits Viewpoints Thumbnail

Biden Administration Unveils Sweeping Workplace Vaccination Plan

September 10, 2021 | Blog | By Michael Arnold, Corbin Carter, David Barmak

The Biden Administration yesterday unveiled its Path out of the Pandemic – a six-pronged plan designed to further combat COVID-19.
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Employment, Labor, and Benefits Viewpoints Thumbnail

How to Handle Religious Objections to a Workplace Vaccine Mandate

September 2, 2021 | Blog | By Jennifer Rubin

Employers implementing mandatory Covid-19 vaccination programs must manage, and in some cases accommodate, exemption requests. Legal exemptions from mandatory vaccination include medical exemptions under the Americans with Disabilities Act and exemptions based on sincerely held religious beliefs pursuant to Title VII of the Civil Rights Act of 1964 (and equivalent state laws for both federal statutes).
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Employment, Labor, and Benefits Viewpoints Thumbnail

Masks Off, Masks On - Now What?

July 28, 2021 | Blog | By Jennifer Rubin

CDC’s updated guidance suggesting facial coverings be worn in “public indoor settings” adds a new but hopefully surmountable barrier to returning the workforce to the office (though undefined, we presume this means any indoor location where two or more individuals are working). At the outset, the CDC guidance does not create a Federal workplace mandate but rather provides a baseline for the creation of safety standards grounded in scientific data – data we recognize is not static given the nature of the Coronavirus pandemic. The latest guidance has frustrated some employers who are attempting to develop sensible policies to return their workforce to offices. We offer some practical guidance regarding the changes, if any, employers might consider in response to the latest CDC guidance.
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Employment, Labor, and Benefits Viewpoints Thumbnail

NYCCHR Releases Updated Fair Chance Act Guidance Ahead of Important Changes

July 27, 2021 | Blog | By Michael Arnold, Corbin Carter

The NYC Commission on Human Rights (the Commission) has released updated enforcement guidance regarding the Fair Chance Act. New York City amended the Fair Chance Act last year and those changes will go into effect on July 29, 2021.
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Employment, Labor, and Benefits Viewpoints Thumbnail

NY HERO Act Standards & Template Policies Released – Employer Action Required

July 8, 2021 | Blog | By Corbin Carter, Michael Arnold

The New York State Department of Labor (NYSDOL) has released its HERO Act minimum standards and template policies related to airborne infectious disease prevention. Employers now have 30 days after the standards’ publication – until August 5, 2021 – to either: (1) adopt one of the model standard exposure prevention plans applicable to their industry, or (2) develop and establish an alternative prevention plan that meets or exceeds the minimum standards.
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Employment, Labor, and Benefits Viewpoints Thumbnail

Third Time’s the Charm: Cal/OSHA’s Revised COVID-19 Prevention Emergency Temporary Standards (ETS) Is Effective Immediately

June 18, 2021 | Blog | By Jennifer Rubin

Cal/OSHA has approved revised Emergency Temporary Standards (ETS) and Governor Newsom has issued an executive order waiving the usual 10-day legal review and approval process by the Office of Administrative Law (OAL). This revised ETS (the third version since late May) more closely aligns with the CDC and California Department of Public Health (CDPH) guidelines on face covering restrictions and physical distancing.
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Employment, Labor, and Benefits Viewpoints Thumbnail

ALERT: New York Hits Key 70% Vaccination Metric; Reopening Rules Lifted

June 15, 2021 | Blog | By Corbin Carter, Michael Arnold

It’s been a long road to recovery for employers since New York first issued its NY Forward reopening requirements for offices and other similar environments back in May 2020.  Today, as New York reached a key vaccination metric – 70% of adults have now received at least one vaccine shot – Governor Cuomo announced that New York businesses will no longer be required to abide by the current industry-specific guidelines in order to reopen.  Accordingly, the current NY Forward guidelines on capacity restrictions, social distancing, cleaning and disinfection, health screenings, contact tracing, and other virus-related restrictions are now lifted in most commercial settings. 
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Employment, Labor, and Benefits Viewpoints Thumbnail

Ninth Circuit Clarifies Requirements on Retroactive Overtime Pay Adjustments for Bonuses

June 10, 2021 | Blog | By Paul Huston

Bonuses and their impact on an employee’s “regular rate of pay” have long been a proverbial thorn in the side of California employers.  The nondiscretionary nature of most bonuses (even those bonuses employers attempt to characterize as “discretionary”) makes them part of a non-exempt employee’s regular rate of pay for purposes of determining the appropriate overtime rate. Cal. Labor Code § 226 requires all hourly rates of pay to be reflected in employees’ pay statements.  The ambiguity surrounding the extent to which this “hourly rate of pay” includes bonuses in all of their various forms and the related overtime adjustments can sometimes leave employers feeling uncertain as to how to ensure compliant paystubs when nondiscretionary bonuses are paid to non-exempt employees. A recent decision from the Ninth Circuit Court of Appeals offered some clarity. 



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New York Revises COVID-19 Reopening Guidance & HERO Act Changes on the Way

June 10, 2021 | Blog | By Corbin Carter, Michael Arnold

It’s been a busy month (year?) for New York employers – one that has brought several important updates with respect to employers’ reopening plans. On the heels of the State’s May 19th adoption of the recent CDC guidance outlining increased privileges for fully vaccinated individuals, New York State updated its NY Forward COVID-19 reopening guidance on June 8, 2021, including its guidance geared toward office environments. As a reminder, New York businesses opting to reopen during the COVID-19 pandemic must do so consistent with the State’s industry-specific reopening guidelines, found here; affirm their compliance with same prior to reestablishing in-person operations; and implement a written safety plan governing its workplace safety protocols.
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Employment, Labor, and Benefits Viewpoints Thumbnail

Cal/OSHA Approves Minor Modifications to COVID-19 Prevention Emergency Temporary Standards (ETS)

June 8, 2021 | Blog | By Jennifer Rubin

Cal/OSHA has relaxed some of its COVID-19 Prevention Emergency Temporary Standards (ETS) for fully vaccinated individuals to better align with the California’s June 15, 2021 goal to end most mask and physical distancing requirements. But the proposed revisions stop short of fully adopting the May 13, 2021 CDC guidance for fully vaccinated individuals and do not (yet) provide guidance on several important issues, including the enforcement of documentation for vaccine verification and how employers can demonstrate that physical distancing is not feasible.
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Khan v. PTC, Inc.—Three Important Lessons From An Otherwise Unremarkable 401(k) Fee Case

June 7, 2021 | Blog

According to Bloomberg Law, class actions challenging 401(k) plan fees are increasing at a record pace. The underlying claims in these class action suits fall into predictable categories that are all too familiar: excessive fees, poor fund choices, poor plan design, fiduciary neglect, and prohibited transactions. Khan v. PTC, Inc. fits the pattern. The plaintiffs claim that the fiduciaries of the PTC, Inc. 401(k) plan:
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Employment, Labor, and Benefits Viewpoints Thumbnail

Massachusetts COVID-19 Emergency Paid Sick Leave

June 7, 2021 | Blog | By Andrew Matzkin, Natalie C. Groot

Massachusetts Governor Charlie Baker recently signed legislation requiring employers to provide COVID-19 emergency paid sick leave (“COVID-19 EPSL”) to employees who are unable to work for COVID-19-related reasons. In this post, we summarize and answer some frequently asked questions.
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Insurance and Financial Services Thumbnail

Call it a Comeback: The Likely Return of ESG Investing in ERISA Accounts

June 4, 2021 | Blog | By Pete Michaels , Alyssa C. Scruggs

Environmental, social, and governance (“ESG”) investing has experienced quite the regulatory roller coaster in recent years.
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